My parent fell while under supervision of an agency caregiver resulting in injury, hospitalization and extensive rehabilitation. Advice?

I am so sorry that your loved one experienced these injuries.

How does that 24 hour eyes-on work? How does the caregiver get breaks? Are the breaks scheduled? Who covers during the breaks? Is this in a private home or a care center?

Um. Well, caregivers have to go potty. And if there was not anyone else around, they still have to go potty. If a person can't be safe by themselves for even three minutes, they need 24 x 7 and that is not doable by a solo caregiver in the long run. If they are already in a facility for this very reason, and there were others available, the answer night indeed be yes. And with limitations on restraint being as strict as they are, plus the fact you would not want someone just kept off their feet full time, this kind of thing can happen even in an otherwise pretty good facility.

On the other hand, if this is in a home setting with no one else around, the answer would be different.

I had this happen to a patient who was post brain injury and had a complex acetabular and femur fracture that was STRICTLY non-weight bearing, and yes, we had emphasized that plus the patient's severe impulsivity, and they promptly left the patient alone long enough to fall and ruin the chances of a really good orthopedic outcome. No only was the facility liable, we could have been liable for referring there though we really thought they could do it and they said they could do it, but the family did not blame us that much.

Sorry this has happened to you and your mom or dad!

They had fallen once before without injury when caregiver left the room. It was emphasized the importance of not leaving alone which is why we hired 24 hour "eyes on". Caregiver made a bathroom break but did not attempt to have someone cover

Many patients attempt to move without prescribed assistance and are deemed "non-compliant". If the patient can clearly recall what happened and complains of neglect, or if there is a 3rd party witness who saw what happened and will testify, you might have a case.

Elderly people fall all the time, sometimes with more than one caregiver in the room. You would need to prove extraordinary neglect, I believe. Have you consulted an attorney?