Hip Fracture Fall Claims

Hip Fracture Fall Claims

Hip fractures in elderly fall victims are catastrophic injuries with mortality implications, not orthopedic inconveniences.

The CDC reports that more than 95 percent of hip fractures are caused by falling, that 300,000 older adults are hospitalized for hip fractures in the United States every year, and that one in three patients dies within one year of a hip fracture.

The injury triggers surgery, prolonged immobility, frequent transfer to skilled nursing or long-term care, post-operative complications including pulmonary embolism and pneumonia, and a substantial mortality risk.

When the fall happened on someone else's property, the property owner's liability is foundational to the recovery. The case routinely reaches mid-to-high six figures and into seven figures, particularly where the claimant did not survive or where the survivor lost independence.

A hip fracture in an elderly fall victim is not a typical broken bone. It is a life-altering and frequently life-ending injury with documented mortality implications.

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Hip Fracture Types and Treatment

Hip fractures fall into three primary anatomical categories:

• Femoral neck fractures. The break occurs in the narrow region just below the ball of the hip joint. Treatment depends on age, displacement, and pre-existing arthritis. Hemiarthroplasty (replacement of the ball only) or total hip arthroplasty is common in elderly patients.
• Intertrochanteric fractures. The break occurs between the greater and lesser trochanters of the femur. Typically treated with ORIF using a sliding hip screw or intramedullary nail.
• Subtrochanteric fractures. Break occurs in the upper femoral shaft. Typically treated with intramedullary nail fixation.

The Mortality and Functional-Loss Reality

Hip fractures in elderly patients trigger a cascade of complications. Prolonged immobility produces deep vein thrombosis and pulmonary embolism. Aspiration risk increases with pain medication and reduced mobility. Hospital-acquired pneumonia is common. Pressure ulcers develop in patients confined to beds.

The post-discharge transfer to skilled nursing or rehabilitation extends exposure to those risks. One in three patients does not survive the year following a hip fracture, and many survivors never recover prior ambulation.

Economic Damages in Hip Fracture Fall Cases

• Emergency department, hospital admission, surgical fixation, and post-operative ICU
• Inpatient rehabilitation and post-acute care
• Skilled nursing facility care, often extended or permanent
• Home modifications and assistive devices (walker, wheelchair, hospital bed, ramps)
• Future medical care including hardware revision, secondary hip arthroplasty, ongoing pain management
• Lost wages and lost earning capacity (for working-age victims)
• Funeral and burial expenses in fatal cases

Compensation Available in Hip Fracture Fall Cases

• Pain and suffering. Often the largest compensation category given the severity of the injury and the extended recovery.
• Loss of enjoyment of life. Particularly potent where the claimant never returned to prior independence.
• Disfigurement. Surgical scarring, contractures, visible deformity.
• Mental anguish. Anxiety, depression, fear of falling.
• Loss of consortium. Spouse and (in some states) adult children.
• Survival action damages. The claimant's pre-death pain and suffering in fatal cases.
• Wrongful death damages. The family's loss under the state's wrongful death statute.
• Punitive damages. Where the property had documented prior incidents at the same hazard.