Nursing homes often suffer from insufficient staff to closely supervise the residents. First, be certain she is getting proper medical treatment for her injuries. Nursing homes have insurance for mishaps like that. And in many instances, all necessary medical care may be covered as part of her residency at the home.
If you aunt suffered severe injuries to her head and spine, don’t let the home try to dismiss her claim on the basis that she should have read a sign that announced the condition of the floor. Find out whose account stated that those were the actual circumstances of the fall; it may not necessarily be accurate. The nursing home residents should be properly represented so their rights are not denied. If she is mentally or physically unable to make a claim and follow through on her own, you or someone else may need to have power of attorney to make decisions for her, or you can have an attorney act on her behalf.
There are new theories of liability that blame nursing homes’ corporate owners for understaffing the facilities. When the ratio of staff to residents is too high (say, 1 staff member for 12 or 15 residents), it can be a recipe for disaster. It is becoming fairly common for elderly or incapacitated residents to fall out of their wheelchairs. In one instance, the patient’s daughter complained that her mother should have been strapped into the chair. Their response was that their directive was not to do so because others could construe it as abusive to restrain the resident. So there are certainly legal issues on many levels here.
You should seek the advice of an experienced personal injury attorney for your elderly aunt right away.