Right after a fall, your priorities are medical—but you can also protect the legal side of the case from the start.
Do these steps in the first 24–72 hours if you can:
- Ask for copies or preservation of records related to the incident (incident report, fall risk assessment, care plan around the time of the fall, and shift notes).
- Request the time-stamped details: when staff first noticed the resident was at risk, when the fall occurred, and how quickly staff responded.
- Check for video preservation if the facility has cameras in common areas or near relevant entrances/halls.
- Document what you’re told about the cause of the fall (and what was said about precautions after the incident).
- Keep every discharge/ER document and ongoing therapy plan—especially if the fall resulted in a hip fracture, head injury, or loss of mobility.
If the facility pushes back or delays record requests, that’s often a sign you should act promptly with legal help.


