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Residents at nursing homes, skilled nursing centers and personal care homes are often at risk of falling. Unfortunately, because of age, underlying conditions and medications, the residents are more susceptible to serious injury even from a ground level fall. Broken hips, fractured arms and head injuries can often result. For this reason, each facility must take reasonable precautions to provide the resident with a safe environment free of fall hazards. When a facility fails to act properly and a resident falls as a result, the facility can be liable for resulting injuries and damages.

Many facilities that accept Medicare are subject to various federal regulations that require them to assess the residents and take measures to prevent accidents like falls.
42 CFR § 483.20 requires Resident assessment: “The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity.”

After making such assessments, the facility should create a care plan to address the resident’s needs to ensure quality care is provided. 42 CFR § 483.25 provides: “Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.”

According to the regulations this includes accident and fall prevention:

“(h) Accidents. The facility must ensure that— (1) The resident environment remains as free of accident hazards as is possible; and (2) Each resident receives adequate supervision and assistance devices to prevent accidents.” 42 CFR § 483.25(h)

Consequently, most facilities will conduct routine fall assessments of residents and put necessary interventions in place to prevent falls. These often include:

  • Toileting plan for regular assistance to/from the bathroom
  • Low bed positioning or placement
  • Call button or other means of communication in place
  • Bed alarms
  • Moving the resident closer to the nursing station

When a nursing home, skilled nursing center, personal care home or similar facility fails to assess a resident to determine their risk of falling, or fails to put reasonable precautions or interventions in place, or simply fails to follow the precautions that are in place, and a resident falls as a result, the facility and/or its employees can be liable for all resulting injuries and damages.

If you or someone you love suffered an injury from a fall in a nursing home, such as a broken hip, a fractured arm or a head injury such as a brain bleed, contact an attorney at Burnside Law Firm for a free consultation to determine your legal rights.

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Augusta

2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320

Athens

325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered millions for our clients

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

Medical Malpractice / Head Injury

$4,500,000 settlement

Pharmacy & Prescription Error

$1,800,000 settlement

Medical Malpractice / Anesthesia Injury

$1,600,000 settlement

Auto Accident / Multiple Fractures

$1,250,000 judgment

Auto Accident / Wrongful Death

$1,000,000 settlement

Dram Shop / Wrongful Death

$1,000,000 settlement

Read more

Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Mark B. Williamson Personal Injury Attorney

Mark B. Williamson

Mark B. Williamson has been engaged in a civil litigation practice since 1997, both at the trial and appellate court levels, focusing primarily on personal injury related cases. The personal injury litigation focuses on the representation of individuals who have been injured or damaged as the result of automobile accidents, truck accidents, medical malpractice, and workplace injuries.

Meet Mark Williamson
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

Meet Garon Muller

Our Client Reviews

Burnside Law Firm

5.0 / 5.0

Based on 38 reviews

Erin Wren

After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

Terri Hawkins

My husband and I had an awesome experience in dealing with Attorney Mark Williamson and the entire staff at the Burnside Law Firm. We received exceptional service and was very pleased with the outcome. Mr. Williamson and his colleagues were very helpful and assisted us from the beginning to the end. We highly recommend the Burnside Law Firm.

Damien Lanclos

I have known Thomas Burnside and his family for years as I grew up with Thomas. I have recently had the pleasure of meeting his partner, Mark Williamson. There is an aphorism that I have found to be universally true, "A company is known by its people." Thomas, Mark and their staff are great people. I have leaned on Thomas for legal advice not related to his expertise and he has referred me to others who have taken good care of my personal and business interests.

Debbie Walker

In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

Rick Estep

Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Jennifer Malonjao

Burnside Law Firm LLP is one of the best law firms in Augusta. Before starting my lawsuit I checked out a few places and Burnside felt to be the best. They did not let me down. Mr. Mark Williamson was my attorney and throughout my entire case he was extremely easy to talk to and I felt like I was treated like a person, and not just a check. He worked very hard on my case and I feel as if I could not have received the settlement I did with anyone else. He made sure my husband and I knew everything that was going on throughout the entire process. I will always recommend Burnside to anyone that needs legal assistance. The entire staff is very friendly and welcoming from your first step in the door on day one to your last step out the door when your case is complete. I am beyond satisfied.

Joseph Mitchell

One of the best experiences I have ever had, friendly staff, my lawyer Mark Williamson was very ho est and detailed in what the procedures he was able to offer. I will definitely come back with anything I need again. I highly recommend

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

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    Augusta

    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320

    Athens

    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264