Falls are a leading cause of injury among older adults, often resulting in fractures, joint damage, or mobility loss. However, one consequence that frequently goes unrecognized is a brain injury. When elderly individuals fall, they may suffer head trauma that does not present obvious symptoms right away. A brain injury lawyer may become involved when these injuries are misdiagnosed or overlooked, particularly if the fall occurred due to another party’s carelessness or neglect.
How Symptoms Are Missed
In older adults, brain injuries such as concussions or subdural hematomas may not cause immediate or visible signs. Symptoms can develop gradually, and early indicators like confusion, dizziness, or fatigue are sometimes attributed to age-related decline or existing medical conditions. This is particularly true if the patient has a history of misremembering things. As a result, families and caregivers may not realize a serious injury has occurred until much later.
This delay can be especially dangerous. Certain brain injuries, such as slow-bleeding hematomas, may worsen over time. Without timely imaging or neurological assessment, these injuries can lead to permanent impairment or even death.
Why Falls In Elderly Settings Raise Legal Questions
Many elder falls occur in environments where there is a duty of care, such as assisted living facilities, nursing homes, or hospitals. In these settings, staff are responsible for providing a safe environment and responding appropriately when injuries occur. If a fall results from poor supervision, unsafe flooring, or a failure to assist with mobility, liability may extend to the care provider.
When a facility or staff member fails to seek appropriate medical evaluation after a fall, it can increase the risk of long-term harm. This includes not ordering diagnostic tests, underreporting the incident, or failing to observe the patient for worsening symptoms. These actions may support legal claims of negligence. They should also be contacting family members immediately after something like this happens, so if you were not contacted, then legal actions can be taken.
Medical Misattribution And Legal Consequences
A personal injury lawyer may be called upon when a family learns that an elderly loved one’s cognitive decline, memory loss, or mood changes are not due to natural aging but rather an undiagnosed brain injury. Medical misattribution is a common problem, particularly when the patient has conditions such as dementia or Parkinson’s disease.
In many cases, only after a hospitalization or second medical opinion does the true nature of the injury become clear. This discovery often prompts legal action, especially when it is shown that earlier detection or treatment could have made a meaningful difference.
Steps To Take When A Brain Injury Is Suspected
Families who suspect that a brain injury was missed after a fall should seek immediate medical assessment, including neurological imaging and evaluation by a physician. It is also important to request full medical records and any incident reports generated by a care facility or hospital.
If the injury appears to have been preventable, or if there was a delay in diagnosis or treatment, legal counsel may be helpful in reviewing the situation. Attorneys like those at Nugent & Bryant can attest to how frequently these cases involve a combination of medical oversight and facility mismanagement.
Brain injuries in elderly fall cases are too often missed or misunderstood. The assumption that changes in behavior or awareness are simply part of aging can prevent early diagnosis and timely care. Families facing this situation should consider whether legal guidance may be appropriate, particularly if the injury resulted from a failure to act or a lapse in care. Addressing these oversights not only supports recovery but may also help prevent future harm to others in similar environments. Contact an attorney near you to get started.