New York Injury Lawyer Blog

An irrational fear of falling, particularly among the elderly, is an often overlooked side effect of slip and fall accidents in New York City.

We wrote recently on our New York Injury Lawyer Blog about the dangers of nursing home falls. Fall injuries can also result in an older adult being admitted to a nursing facility. In fact, fall injuries are the leading cause of accidental death in the elderly. Businesses and property owners have an obligation to help prevent fall injuries caused by negligent conditions, such as faulty sidewalks, dark stairwells, loose handrails and wet or slippery floors.

The Centers for Disease Control and Prevention reports that nearly half a million older adults are hospitalized each year because of a fall accident and nearly 16,000 are killed.

Now, the British Medical Journal has published a study showing that anxiety over falling can actually increase the risk of a serious or fatal fall among the elderly, according to the New York Times.

In fact, a full third of those studied were either more or less likely to fall than their perceived danger. And those who were overly anxious about falling, actually suffered more fall injuries. Those who were anxious about falling were also more likely to suffer from depression and to restrict their activities. Reduced activity alone is enough to increase an elderly person's risk of falling.

"People who are fearful do less, and that leads to deconditioning, to a loss of strength and balance," said Stephen Lord, a member of the research team. "They become preoccupied with the possibility. They catastrophize."

The lesson is that fear itself is the enemy when it comes to falling. And emotional problems, including the fear of falling, that stem from a fall accident can have a significant impact on an elderly person's quality of life.

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More than 1,500 people died accidental deaths in New York City during 2008, according to the Summary of Vital Statistics, recently released by New York City's Department of Health and Mental Hygiene and reported by The New York Times.

Infant deaths: New York City's infant mortality rate was 5.5 infant deaths per 1,000 live births -- down 20 percent from the 6,9 per 1,000 births recorded in 1999.

Surgical or medical error: 59 deaths were reported as a result of complications of surgical or medical care.

Work accidents: 90 people died as a result of occupational injuries, including:
- 10 in transportation accidents
- 26 as a result of violence in the workplace
- 29 in falls
- 31 work fatalities were attributed to construction accidents
- 3 fatal taxicab accidents
-2 deaths involving police or fire protection

A total of 1,651 deaths were classified as accidents and included:
- 299 deaths involving traffic accidents
- 171 pedestrian deaths
- 23 deaths involving bicyclists
- 14 deaths involving railway or subway accidents
- 388 deaths involving fatal falls
- 8 drowning deaths

Subtitled "The Conquest of Pestilence in New York City," the reported noted accidental deaths have declined by 8.8 percent in the last decade. But the rate of accidental deaths has not declined nearly as fast as other deaths, including homicide, which declined 17.5 percent during the same period.

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A Traumatic Brain Injury is caused by an external physical force, which can diminish or alter consciousness and may impair cognitive abilities and emotional functioning, according to the Brain Injury Association of New York State.

Causes of brain injury vary but can include New York City car accidents, falls, assault and sport's related injuries, including football and skiing accidents. The New York City brain injury lawyers and the personal injury and medical malpractice attorneys at Queller, Fisher, Washor, Fuchs & Kool represent clients who have suffered a New York brain injury.

Sports related brain injury in New York and elsewhere in the country has continued to be a cause for concern in recent years, including concussion injuries in the NFL and NASCAR. The effort to reduce head injuries in football by strengthening rules in youth football and college football was recently reported by The New York Times.

New York City head injuries can be further complicated or aggravated by a failure of medical staff to properly treat or manage the injury or can be the result of an undiagnosed medical condition or surgical error that leads to a stroke or aneurysm.

Even seemingly "minor" had trauma can result in serious brain injuries. Bleeding in the brain or a blow that damages the brain directly, can result in prolonged and irreversible brain damage, according to the National Institute of Health.

Symptoms can include:
-Coma
-Chronic headaches
-Loss or change of sensation, hearing, vision, taste and smell
-Paralysis
-Seizures
-Speech or language problems.

Continue reading "New York City head injuries can result from car accidents, falls, sport's injuries, medical malpractice " »

Winter increases the risks of New York City fall injuries, sidewalk accidents and other fall situations. Falls can be particularly dangerous for older people and are the leading cause of accidental death for the elderly. This month, the New York Department of Health is urging fall prevention and safety education.

The New York fall injury lawyers and the personal injury and wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool fight for the rights of people injured in falls. Fall injuries, particularly among seniors, can limit independence and lead to serious health complications.

"As people age, one of their biggest concerns is losing the ability to live independently," said Health Commissioner Richard Daines. "Fall-related injuries in older adults often lead to hospitalizations, beginning the downward spiral that can result in long-term disability or death. It's important that older adults and their families learn the simple steps to reduce the risk for fall-related injuries."

Falls are the leading cause of injury deaths and hospital visits for New Yorkers 65 and older. On average, two seniors die and 350 are treated in hospitals for fall injuries every day in New York.

Each year, 900 New Yorkers aged 65 years and older will die due to a fall, and more than 125,000 will be injured severely enough to require hospital treatment. Nationwide, more than 15,000 senior adults are killed and almost 2 million seriously injured in falls, according to the Centers for Disease Control and Prevention.

Falls are the leading cause of traumatic brain injury. Broken bones and joints, including knees, hips and wrists, are also common injuries suffered in falls.

"Fall-related injuries in older adults are a major public health problem," said Susan Hardman, Director of the New York State Health Department's Bureau of Injury Prevention. "As baby boomers age, we likely will see a significant increase in these injuries. Fortunately, there are simple strategies for reducing the risk of falling."

To reduce your risk:

•Improve strength and balance by following a simple physical activity program.
•Have your health care provider review medications for potential side effects such as dizziness and drowsiness.
•Have your vision checked; make sure prescriptions are correct and get checked for serious eye conditions, such as glaucoma or cataracts.
•Assess your home for safety, and make the necessary modifications. Common home hazards include:
◦Clutter in walkways and on stairs causing tripping.
◦Slippery or inconsistent flooring surfaces causing falls.
◦Poor or inadequate lighting.
◦Pets and pet-related objects on the floor.
◦Lack of stair railings or grab bars.
◦Lack of easy access to bathrooms and rugs without no-skid backing.

However, when a person is injured on business or other property -- because of wet, slippery or uneven floors; dangerous parking lots or sidewalks; faulty stairwells and handrails; or other hazards -- a New York City premise liability attorney may be able to help them seek compensation for their injuries.

More information about fall prevention in older adults is available on the DOH Web site at www.nyhealth.gov/prevention/injury_prevention

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