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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.

    Contact Us

    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 tens of millions in settlements and verdicts

    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.

    Commercial Vehicle/Death

    $6,000,000

    Auto Accident/Death

    $5,000,000

    Workplace Accident/Leg Injury

    $1,800,000

    Medical Malpractice/Surgery Complication

    $1,000,000

    Medical Malpractice/IV Procedure Error

    $1,000,000

    Premises/Fall

    $700,000

    No fee unless we win

    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
    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
    Robert MacGregor

    Robert MacGregor

    Robert MacGregor is an experienced trial attorney licensed to practice law in Georgia and South Carolina. At the Burnside Law Firm, Robert devotes his practice to protecting the rights of individuals who have been injured because of someone else’s carelessness, negligence, or recklessness and represents those who have been injured in automobile collisions or tractor-trailer accidents; because of a slip and fall; and in other general negligence actions.

    Meet Robert MacGregor

    Ashton Revollo

    Ashton is a trial lawyer in Augusta, GA who focuses his law practice on the representation of individuals who have suffered serious injuries or damages due to the negligent or reckless conduct of others, including automobile wrecks, job-related accidents, unsafe premises, or defective
    products. Before beginning his practice, Ashton obtained his J.D., at Emory University School of Law, where he gained valuable courtroom experience as an intern assisting the District Attorney for DeKalb
    County. After his time at Emory, Ashton received experience as a trial attorney at a respected personal injury firm in Atlanta before moving to Augusta. Over the course of his career, Ashton has assisted deserving clients in recovering millions of dollars in injury cases throughout Georgia.

    Meet Ashton Revollo

    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!

    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!!!

    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.

    Lynn Eldridge

    I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

    Damien Williams

    I definitely felt comfortable in there hands really good people.

    Jacob Clements

    Very very good law firm. Went above and beyond to make things right. Highly reccomend.

    Barbara Huskinson

    Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

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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