Nursing Home Neglect? Multiple Falls, Multiple Injuries, Do I Have A Case?

My 97-year-old grandfather has had a challenging and heartbreaking experience in long-term care, and I need advice on whether I have a case against the nursing home.

At 95, he was sent to a rehab facility after falling and breaking his hip at his assisted living facility. My sister and I decided to move him to the long-term care side of the facility, as he could no longer return to assisted living. He was labeled a “fall risk,” with clear signs and a bracelet to notify staff of his condition.

Despite this, he has fallen multiple times over the past year and a half, usually in the early hours of the morning. Some falls resulted in minor incidents where he was found sitting on the floor unhurt. However, many of these falls required hospitalization, including injuries like cuts to his head. My sister and I are currently gathering medical records from the two hospitals where he has been sent to understand the full extent of these incidents.

We’ve repeatedly called and spoken to staff, both over the phone and in person, about why proper preventative measures like placing a mat by his bed haven’t been taken. Unfortunately, these conversations always went nowhere, and nothing was done to protect him from further falls.

In early November, I received an early morning call from the nursing home, informing me that my grandfather had fallen again. They said he had a “small cut”, as the nurse / aide put it, and was being sent to the hospital to be checked out. Initially, they said he was going to Hospital (A), but after hours of trying to track him down, I discovered he was actually at Hospital (B). The nursing home didn't even know what hospital he was sent to and lied multiple times when I called to ask where he was. By the time I found him, he was in the ER, about to be transferred to the ICU with a brain bleed, a severe black eye, and a deep cut across his eyebrow.

Thankfully, the brain bleed eventually resolved, but he began aspirating his food and was placed on hospice care due to his DNR status and refusal of a feeding tube. I have since moved him back into my home, but he has not been the same since this last fall. His confusion has worsened, and his short-term memory I feel has been significantly affected. It wasn't great before, but it seems so much worse now.

I’m heartbroken and angry. Do I have a case for negligence against the nursing home? Or is pursuing legal action a lost cause?

TL;DR: My 97-year-old grandfather, labeled a fall risk, fell multiple times in his nursing home despite repeated warnings and requests for preventative measures. His latest fall caused a brain bleed, severe injuries, and led to him being placed on hospice care due to his declining condition. I’ve since moved him home, but his health and memory have worsened. Do I have a case for negligence against the nursing home?