Falls Prevention in Elderly Care: A Nurse Expert Witness Case Study
- Apex Experts

- Jun 30
- 5 min read
Falls remain one of the most common patient safety incidents in hospitals, particularly among older adults. However, not every inpatient fall is the result of negligent care. Even where robust prevention measures are in place, accidents can still occur.
In clinical negligence claims reviewed by nurse expert witnesses, the question is rarely whether a patient fell. Instead, it is whether healthcare professionals took reasonable steps to identify the patient's risk, implement appropriate preventative measures, and continually reassess those risks as the patient's condition changed.
This case, reviewed by an Apex falls prevention nursing expert, demonstrates the importance of balancing patient safety with independence. It also highlights a key principle in expert witness work: clinical decisions must be judged based on the information available at the time - not with the benefit of hindsight.
The background to the case
The patient was a 91-year-old woman admitted to hospital with dehydration and delirium following complications associated with a high-output stoma. On admission, she was understandably considered to be at an increased risk of falling due to her acute illness, age, and temporary confusion.
During her admission, she responded well to treatment. Her dehydration resolved, her delirium improved, and she gradually regained her independence. Therapy assessments confirmed that she was mobilising safely with a walking stick and no longer required enhanced assistance.
Having made good clinical progress, she was declared medically fit for discharge and was awaiting a care package before returning home.
Shortly before discharge, however, she suffered an unwitnessed fall on the ward. It was believed she had slipped on a blanket while mobilising independently, resulting in a fractured femur.
An Apex falls prevention nursing expert was instructed to review the care provided and determine whether the injury could reasonably have been prevented.
Was the patient appropriately assessed?
A central issue in the case was whether the patient's falls risk had been appropriately assessed throughout her admission.
The expert's review found that falls risk assessments had been completed at appropriate stages during the patient's stay. Nursing staff had recognised the initial risks associated with her delirium and reduced mobility, and suitable preventative measures had been introduced.
As her condition improved, clinicians continued to document her progress. Both nursing and therapy records described her as mobilising independently with a walking stick, and there was no evidence that her cognition had deteriorated prior to the incident.
This changing clinical picture is an important consideration.
Falls prevention is not a static process. Risk levels should be reviewed throughout a patient's admission, reflecting improvements as well as deterioration. In this case, the available evidence suggested that the patient's risk profile had reduced rather than increased in the days leading up to her fall.
Preventative measures were already in place
One of the strengths of the nursing care identified by the expert was the range of preventative measures already being used.
The patient was receiving regular intentional rounding every two hours, allowing staff to monitor her wellbeing and respond to her needs throughout the day and night. A falls alarm system was in place, and her walking aid remained within easy reach whenever she mobilised.
Therapy teams had also assessed her mobility and concluded that she could walk independently with the aid of her stick. Importantly, there was no clinical evidence suggesting she required constant supervision or one-to-one observation.
These interventions demonstrated that staff had considered the patient's falls risk and had implemented measures proportionate to her condition.

The importance of avoiding hindsight bias
One of the most valuable observations made by the expert concerned hindsight bias.
When reviewing adverse incidents, it is easy to assume that because an injury occurred, more should have been done beforehand. However, this is not how expert witnesses assess clinical care.
Instead, they consider whether the decisions made by healthcare professionals were reasonable based on the information available at the time.
In this case, there was no evidence that the patient was becoming increasingly confused, unstable, or unsafe to mobilise independently. On the contrary, the clinical documentation consistently described improvement.
The expert therefore concluded that it would not have been appropriate to increase supervision simply because a fall later occurred.
The fact that an accident happens does not automatically mean the standard of care was inadequate.
Could the documentation have been stronger?
Although the overall standard of care was considered appropriate, the expert did identify opportunities for improvement.
The falls care plan had not been formally updated following admission, despite changes in the patient's condition. While the expert did not believe this altered the clinical management or contributed directly to the fall, more detailed documentation would have strengthened the evidential record.
Contemporaneous notes explaining why the patient remained suitable for independent mobilisation would have provided greater clarity for anyone reviewing the case later, including legal teams and independent experts.
This highlights an important lesson for healthcare professionals.
Good documentation is not simply about recording what happened. It demonstrates clinical reasoning, supports continuity of care, and provides evidence that appropriate decisions were made.
Even where care itself is entirely reasonable, poor documentation can make that care more difficult to defend.
Balancing independence with patient safety
Falls prevention in elderly care requires careful judgement.
Restricting every older patient to constant supervision would neither be practical nor beneficial. Maintaining mobility is essential for preserving independence, preventing deconditioning, and supporting rehabilitation.
Healthcare professionals must therefore strike a careful balance between reducing the risk of falls and encouraging safe, independent movement.
This balance becomes particularly important when patients show clinical improvement.
In this case, the patient had recovered from her delirium, demonstrated safe mobility during therapy assessments, and was preparing for discharge. Introducing one-to-one supervision at that stage would not have reflected her clinical presentation or current level of risk.
The expert concluded that the level of supervision provided was appropriate given the patient's documented condition.
What this case teaches healthcare professionals
This case illustrates that falls prevention is far more than completing a risk assessment on admission. Effective care requires continuous clinical judgement, regular reassessment, and documentation that accurately reflects a patient's changing condition.
Healthcare professionals should ensure that falls care plans evolve alongside improvements or deterioration, environmental risks are reviewed routinely, and decisions regarding supervision are clearly documented.
Just as importantly, experts assessing these cases must distinguish between genuine failures in care and unfortunate accidents that occur despite appropriate precautions.
Not every fall is preventable, and not every adverse outcome represents negligence.
Conclusion from the Nurse Expert Witness review
Following a detailed review of the records, the Apex falls prevention nursing expert concluded that the patient's injury was most likely the result of an unfortunate accident rather than a breach of nursing duty.
Appropriate assessments had been completed, intentional rounding was taking place, mobility had been reviewed by therapy teams, and there was no evidence that the patient required enhanced supervision before the incident occurred.
While improvements could have been made to the documentation and updating of the falls care plan, these issues did not fundamentally alter the standard of care delivered.
For clinicians, this case reinforces the importance of combining robust falls prevention strategies with ongoing clinical judgement and accurate documentation. For legal professionals, it demonstrates why expert opinion must remain objective, evidence-based, and free from hindsight bias when determining whether a patient's fall was truly preventable.
