Falls in Hospitals or Care Homes – When Is a Nursing Expert Report Needed?

Falls remain one of the most common, and preventable, incidents in both hospital and care home settings. When they occur, the consequences can be devastating, leading to fractures, head injuries, prolonged hospitalisation, or even death. For solicitors acting in clinical negligence, inquest, or safeguarding cases, a detailed analysis of whether the fall was foreseeable and avoidable is often essential.

This is where a falls expert witness nursing professional becomes invaluable. These senior nurses specialise in assessing whether preventative measures were appropriate, policies followed, and staff interventions reasonable. In this blog, we explore when to instruct such an expert, what their reports include, and how Apex Experts supports legal teams with clarity, speed, and clinical authority.

Why Are Falls a Common Focus in Clinical Negligence?

Falls are among the leading causes of injury-related hospital admissions for the elderly and vulnerable. They frequently become the subject of legal scrutiny because, in many cases, they are seen as preventable through adequate risk assessments, supervision, and care planning. Solicitors often encounter falls-related claims arising from:

• Falls in dementia units or rehabilitation wards: Where cognitive impairment or mobility challenges increase risk

• Poorly conducted or omitted falls risk assessments: Such as the absence of a Functional Risk Assessment Tool (FRAT) or Morse Fall Scale

• Inadequate supervision: Particularly during high-risk periods such as toileting or night-time movement

• Care plans not reviewed or followed: Especially after changes in mobility, medication, or behaviour

• Lack of post-fall monitoring: Which may result in delayed treatment of injuries or deterioration

These claims often involve complex documentation and incident narratives. A specialist nursing expert can help unpack the clinical record and determine whether reasonable steps were taken to prevent harm.

What Does a Falls Nursing Expert Witness Do?

A falls expert witness nursing professional is typically a senior nurse with a background in elderly care, acute medical settings, rehabilitation, or mental health. They have direct experience in managing patients at high risk of falling and are well-versed in national and local falls prevention protocols.

Their expert report will:

• Review nursing documentation, including risk assessments, care plans, handovers, and observation charts

• Analyse incident reports to identify whether correct procedures were followed before and after the fall

• Reconstruct events to determine the likely sequence and contributing factors

• Assess compliance with guidance, such as NICE Clinical Guidance

• Evaluate staff decision-making in terms of monitoring, supervision, and response

Importantly, their report is CPR 35-compliant, structured to be admissible in court and written in an impartial, factual tone.

Legal Standards Applied: Bolam, Bolitho and National Guidance

Falls expert witnesses apply key legal principles when evaluating care standards:

• Bolam Test: Would a reasonable body of nursing professionals have acted similarly in the same circumstances?

• Bolitho Principle: Was that course of action logically defensible and based on evidence?

• NICE trust policies: Experts also benchmark care against national guidance and local trust policies for falls prevention and post-incident review

They will also explore whether a care home or hospital’s falls policy was up to date, followed in practice, and documented clearly.

What Should Be Included in a Falls Nursing Expert Report?

A comprehensive Apex report includes:

• Chronology of events: mapping key observations, handovers, and care decisions

• Assessment of falls risk documentation: was a validated tool used and updated appropriately?

• Care plan review: including whether personalised, evidence-based interventions were implemented

• Evaluation of staff actions: before, during, and after the fall

• Post-fall response: including vital sign monitoring, medical review, and safeguarding escalation

• Benchmarked analysis: referencing NICE, CQC expectations, and NMC standards

Reports are internally peer-reviewed to ensure objectivity, structure, and legal compliance.

Beyond Litigation: Inquests and Safeguarding Reviews

Why Instruct Apex for Falls-Related Nursing Opinions?

Apex Experts provides solicitors with access to a specialist panel of experienced nursing professionals. When it comes to falls cases, we offer:

• Clinically active or recently retired experts with experience in acute wards, dementia care, community nursing, and rehabilitation

• Court-ready reporting, all reports are CPR 35-compliant and peer-reviewed internally

• Rapid turnaround options for urgent inquest hearings, PIRs, or pending deadlines

• Clear, balanced tone, reports are authoritative yet fair, and suitable for litigation, inquests, or internal use

Our experts also participate in joint statements, case conferences, and, when required, court testimony.

Turnaround Times and Flexibility

Understanding the pressure on legal timelines, Apex offers flexible delivery options:

• Full, CPR compliant breach of duty and causation reports in 6-8 weeks

• Screening reports in 6-8 weeks

• Short, preliminary letters of advice in 2-4 wees

• Deferred payment terms available where needed

We can also assist with supplementary reports or second opinions where a case is evolving or facing new questions.

Instruct a Falls Nursing Expert Witness Today

When a fall results in harm, solicitors must determine whether the event was preventable and whether reasonable steps were taken by nursing staff. A Falls Expert Witness Nursing professional provides this insight, reviewing documentation, assessing care decisions, and comparing practice against professional standards.

At Apex Experts, we ensure that every report is timely, structured, and tailored to the case at hand, giving solicitors the clarity needed to argue breach, causation, or defend the integrity of care.

Get in touch with us at info@apexexperts.co.uk, give us a call on 0203 633 2213 or visit our contact us page.