TOO MANY FALLS! 150 150 Dan Frith

I recently read about a lawsuit against a Florida assisted living facility which is both disturbing and all too common, even here in Virginia.

Francis Tremblay (age 99) lived at the Living Legends Retirement Center in Broward County, Florida. During her 29 day stay at this assisted living facility she fell about 11 times. The final fall resulted in a fracture of her neck, two black eyes, and a facial laceration. She was hospitalized due to her injuries then discharged to a nursing home where her health deteriorated until her death 7 months later.

Tremblay’s granddaughter sued the assisted living facility alleging that it negligently failed to implement fall prevention measures such as increased supervision, alarms, or placements of mats on the floor. The jury listened to the evidence and returned a substantial verdict for Mrs. Tremblay’s estate.

I don’t blame anyone for the first fall. But assisted living facilities and nursing homes know they must assess their residents for the “potential” of falling and take steps to reduce the likelihood of a fall occurring…if they don’t they are negligent and should be held accountable when the inevitable happens and an elderly resident is hurt or killed.

My Take: If your loved one has experienced falls in a nursing home or assisted living facility find out why and then ask the facility or nursing home to tell you what steps it is taking to reduce the likelihood of another fall occurring.

About the author

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at

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