Nursing home falls are deeply concerning. You rely on the facility and staff to ensure your family member’s safety, and you may wonder if they did everything they could to prevent the incident. Some falls are a result of nursing home negligence in Indiana, and knowing when a nursing home can be held liable is a step toward the answers you need.

How Common Are Falls in Nursing Homes?

Falls are a significant issue in long-term care. Centers for Medicare and Medicaid Services (CMS) data from September 2025 show that 3.82% of Indiana nursing home residents experienced at least one fall with major injury in a year, exceeding the national average of 3.28%. Additionally, a 2025 U.S. Office of Inspector General report found that 43% of serious falls were not reported by nursing homes, even when they resulted in major injury and hospitalization.

When Is a Nursing Home Liable for a Fall?

A fall by itself does not prove negligence. Many residents are older, frail, and have conditions that increase fall risk, even with attentive care.

To pursue a negligence claim, four elements are required: the facility owed a duty of care, breached that duty, the breach directly caused the fall and injury, and the injury resulted in measurable harm.

If a facility identifies a resident as high risk, documents that risk, and then fails to act on it, the gap between what was documented and what was done is often where those elements are found. When a prior fall occurred, and the care plan was not updated, that pattern can be a sign that negligence occurred. An attorney experienced in nursing home cases can assess the records and determine whether those elements are present.

Could the Fall Have Been Prevented?

Was there a proper fall prevention plan? This plan should be individualized and documented. It includes regular evaluation of the resident’s mobility, balance, medication regimen, and cognitive status. The plan calls for the appropriate assistive devices and footwear, bed and chair alarms for high-risk residents, adequate lighting and non-slip surfaces, and careful review of medications that increase fall risk, particularly sedatives and anti-anxiety drugs.

If you wonder whether the fall could have been prevented, the facility’s records will help answer that. Was your family member documented as a high fall risk? Was a prevention plan in place? Was it updated after a previous fall? Those questions matter, and an attorney can help you obtain and assess those records.

What Can the Family Do?

Many families do not know they can request records at the time of the occurrence. They may sign the facility’s paperwork or assume its explanation was complete. None of that necessarily closes the door.

The facility’s records still exist. Fall risk assessments, care plans, incident reports, staffing logs, and medical records are retained and legally obtainable. If negligence occurred, evidence of it is likely in those files. An attorney experienced in nursing home cases can move to obtain those records, identify what they show, and tell you whether a claim is viable before the statute of limitations runs out.

If the fall occurred recently and you are still in the immediate aftermath, there are steps to take now. Request the incident report and complete medical record in writing. You have a legal right to the fall risk assessment, care plan, medication administration records, and documentation of any prior falls.

If there is any chance the resident struck their head, request that they be evaluated at an emergency room. Falls are the leading cause of traumatic brain injury in older adults, and symptoms, including confusion, vomiting, or worsening headache, may not appear for hours.

Do not sign any documents that the facility presents after a serious injury before speaking with an attorney. Report the fall to the Indiana State Department of Health at 800-246-8909. If you believe neglect contributed, contact Adult Protective Services at 800-992-6978.

How Indiana Law Affects a Fall Claim

Statute of limitations. Indiana law gives families two years from the date of injury or discovery to file a claim. Missing that deadline eliminates the right to any recovery. If you are unsure whether that window is still open, an attorney can tell you. For a full explanation of Indiana’s filing deadlines, see our overview of the statute of limitations for medical malpractice in Indiana.

Indiana’s Patient Compensation Fund. Indiana’s malpractice system works in two layers. The nursing home’s insurer pays the first $500,000 of any judgment or settlement. If damages exceed that amount and the responsible staff member is enrolled as a qualified provider under Indiana’s Patient Compensation Fund (PCF), a separate PCF claim may recover up to $1.3 million more, bringing the total maximum to $1.8 million. See our guide to Indiana’s Patient Compensation Fund for more details.

Corporate liability. Many Indiana nursing homes are owned by regional or national chains. When insufficient staffing or inadequate training contributed to a fall, corporate ownership may share liability alongside the individual facility.

Frequently Asked Questions

Can a nursing home be held liable for a fall?

Yes, in many cases. A nursing home may be liable when a fall results from a failure to assess fall risk, failure to implement a prevention plan, or failure to provide adequate supervision for a resident known to be at risk. Not every fall is negligence, but when a facility’s own records show a documented risk that was not properly addressed, that is often the foundation of a claim.

What should I do immediately after a nursing home fall in Indiana?

Go to the facility as soon as possible and insist on seeing the resident yourself. Demand an independent medical evaluation, not an assessment by the nursing home’s own staff. Falls are the leading cause of traumatic brain injury in older adults. If there is any chance the resident struck their head, insist on imaging at an emergency room. Photograph all visible injuries, request the incident report and complete medical record in writing, and do not sign anything the facility presents before speaking with an attorney. Report the fall to the Indiana State Department of Health at 800-246-8909 and contact an attorney promptly.

How long do I have to sue a nursing home for a fall in Indiana?

In most cases, two years from the date of the fall or from the date the harm was discovered or reasonably should have been discovered. Indiana’s statute of limitations is strict and exceptions are narrow. Key records including the fall risk assessment and staffing logs can be difficult to obtain over time, so acting promptly matters.

Talk to an Indiana Nursing Home Fall Attorney

Montross Miller has represented Indiana families in nursing home negligence cases for more than 45 years. If a family member has been seriously injured in a nursing home fall, we can review the records and help you understand whether the required care was provided.

Contact us online or call 317-574-4500 for a complimentary, confidential case evaluation.