Personal Injury

Minimizing Fall Risks in Nursing Homes

Minimizing Fall Risks in Nursing Homes

by Jeffrey J. Kroll

Unfortunately, millions of people aged 65 and over experience falls every year.  According to the Center for Disease Control and Prevention, more than 25% of these adults who experience falls will suffer injuries.  What is equally frightening, the rate of falls is close to twice as high for nursing home residents as it is for others. Yet, there are several ways nursing homes can minimize fall risks for their patients.

The Chicago Nursing home lawyers at Kaveny + Kroll are dedicated to keeping your family members or loved ones safe. We can discuss how nursing homes can and should minimize fall risks. We can also discuss what to do if the nursing home fails to meet their responsibilities.

Most falls at nursing homes are caused by a combination of various risk factors.  The risk factors may be due to medical issues, maintenance issues or other related issues.  For example, the following can and often will contribute to nursing home falls:

  • Loose carpeting or flooring
  • Throw rugs
  • Tripping hazards
  • Foot pain or foot problems
  • Poor footwear
  • Balance or walking difficulties
  • Medications which could impact balance
  • Slippery floors
  • Lower body weakness

Many of these risk factors can be reduced or eliminated by paying careful attention to them.  Whether they like it or not, nursing homes have a legal duty to keep their residents safe.  Nursing homes will typically have protocols, rules, and various policies to address fall risks and minimize the likelihood of such injuries.  A nursing home can be liable to prevent a fall when they fail to implement certain procedures such as:

  • Removing clutter from the floor
  • Quickly cleaning up after spills
  • Failing to install grab bars in resident rooms and bathrooms
  • Conducting a fall assessment when a new resident arrives at a nursing home
  • Failing to provide residents with walkers or wheelchairs, when required
  • Failing to properly identify residents with fall risks and closely monitoring them
  • Failing to closely monitor residents with Alzheimer’s or dementia

Nursing homes may be liable for a resident’s injuries due to a fall when it is due to their negligence. This includes not providing adequate safeguards for its residents or failing to correct a known or foreseeable hazard. There are several scenarios which could result in the nursing home being found responsible for a resident fall, including, but not limited to:

  • Failing to properly train staff members
  • Failing to properly monitor residents
  • Understaffing
  • Fail to safely transfer a patient
  • Medication errors

If a family member or loved one has sustained a fall in a nursing home that you believe was caused by the nursing home’s conduct, the nursing home attorneys at Kaveny + Kroll are here to help.  We can conduct a detailed investigation to determine which factors may have contributed to the injuries and attempt to hold all responsible parties accountable for their conduct.

5 and 5 for Friday

Five for Friday!

Quick tips on how to select the right attorney for your personal injury or medical malpractice claim.

In these troubled times, many of us have learned that it’s not just what you do, but how you do it. Elizabeth Kaveny and Jeffrey Kroll, partners in Kaveny + Kroll Trial Lawyers (, are committed to serving as your best advocate and doing so as efficiently and effectively as possible for you. “Our mission is to seek justice and financial compensation for our clients, many whom have been devastated by their experiences,” says Kaveny. “Our purpose is to help make you and your families whole again…as best as we possibly can.”

Even prior to a settlement or trial, actions can be crucial to determining the best outcome. Whether you seek help from Kaveny + Kroll or another group, please remember some important caveats to assist in your case.

If you (a family member or friend) are a victim of personal injury whether as a pedestrian, a driver or passenger in a vehicle, at the workplace or any other type of accident, we recommend that you take the following steps:

  1. Contact the police immediately and file a report.
  2. Seek immediate medical attention.
  3. Take photographs of the scene as soon as possible.
  4. Make sure to note other individual’s information (driver’s license, license plate) name, address, phone number, whether involved or simply a witness.
  5. Contact a personal injury lawyer who is experienced and credible. While the ‘loudest’ advertisements may pique your attention, ‘ambulance chasers’ will not present the best image for you and your case in a court of law. Do your research!


If you believe that you (or a family member or friend) have been the victim of medical malpractice whether this involves negligence on the part of a health care professional (doctor, nurse, technician etc.), a hospital or a nursing/rehab home, or any other injury as the result of what you believe to be a medical error, we recommend that you take the following steps:

  1. Tend to proper care first! Make sure that your medical issue is being addressed by a qualified professional, not necessarily the individual with whom you are having an issue. Your health comes first.
  2. Collect your medical records, discharge instructions, phone or text messages, correspondence, prescriptions, personal notes, photographs, et al. This may be the time to call upon anyone who may have accompanied you to an appointment or procedure in order to obtain their perspective as well. These materials will form the basis of any effort to seek justice and compensation.
  3. Contact an attorney that specializes in medical malpractice to discuss your case. Take the time to do your research and inquire about credible and experienced trial lawyers who can best represent you! Remember, not all attorneys are created equal when it comes to representation in complex medical cases.
  4. Avoid venting or engaging in discourse with the physician, health care professional or facility with whom you have had an issue. Anger and disappointment are completely normal, but your attorney will be able to address the issues calmly with professionalism in order to best serve YOU.
  5. One of the best ways to avoid medical malpractice is to ask questions and don’t be afraid to get a second opinion. If you feel unsure of your care, take control as your own ‘Medical CEO’. Be vigilant and become informed. If in doubt, rely on a family member or friend to serve as your advocate. The best case is the one that never occurs!


KAVENY + KROLL Trial Lawyers have the experience and knowledge that you need to be best represented. Contact us with your legal concerns or any questions you may have. Call 312-761-5585 (KKTL).

Here’s why Halloween is the Deadliest Day of the Year for Child Pedestrians

Here’s why Halloween is the deadliest day of the year for child pedestrians

By Christopher Ingraham

The Washington Post

It’s almost Halloween, which means that law enforcement agencies around the country are warning parents about the possibility of finding marijuana candy in their children’s trick-or-treat buckets.

But like poison and razor blades, Halloween pot candy is largely a myth. The real threat to kids on Oct. 31 is much more mundane: traffic. Children are three times more likely to be struck and killed by a car on the holiday than any other day of the year, according to the latest federal highway safety data.

September is Baby Safety Month

September is Baby Safety Month

Chicago Defender

Elizabeth Kaveny is the Managing Partner of Kaveny + Kroll Trial Lawyers ( who specialize in all areas of medical malpractice and personal injury. Even more important, she is the Mother of four children. Kaveny has seen first-hand at work and at home, the risks that exist in daily life for the youngest and most defenseless in our families.