Can I Sue If Dad’s Nursing Home Bed Rails Injured Him?

 Posted on September 26,2024 in Personal Injury

When families can no longer care for their elderly loved ones, many make the difficult decision to place them in a nursing home. The assumption is that the facility can provide better care for the family member. Unfortunately, long-term care facilities do not always live up to that expectation. Whether due to understaffing or other reasons, bed rails are sometimes installed to restrain patients. Not only is that use illegal, but it can also cause severe injuries and death.

How do you know if you are eligible to file a personal injury or wrongful death claim? How can a lawyer help? The experienced attorneys at Tahmazian Law Firm, P.C. will work diligently to protect your rights and best interests.

How Are Nursing Home Bed Rails Dangerous?

The U.S. Centers for Medicare & Medicaid Services sets care standards for nursing homes. These facilities are legally obligated to uphold those standards. Among them are guidelines for bed rails used in nursing homes, which should only be used if medically necessary:

• Bed rails cannot be used as physical restraints.
• Informed consent must be obtained from the patient or patient representative to install bed rails.
• Alternative methods to keep patients from falling should be attempted before using bed rails.
• The bed rails must be safe, and the patient must be able to adjust them independently.

The use of bed rails may be warranted in some situations. Unfortunately, some nursing facilities use bed rails for their own convenience as a way of keeping residents contained. Bed rails used inappropriately may present more danger to some patients than having no rails. Some patients with cognitive impairments try to leave their beds by moving under, between, or over bed rails. They might also attempt to exit by climbing over the footboard.

Patients may become stuck between the rails or the mattress and rails, or they may fall from their beds from greater heights if they climb over rails or footboards. Injuries often include broken bones, organ damage, choking, bruising, and cuts. In extreme cases, the patient may die.

Can I Get a Settlement for My Dad’s Bed Rail Injuries?

If your father’s medical condition did not suggest the use of bed rails, you may qualify to file a personal injury claim if he was injured and his facility used them without consent. If he passed away due to his injuries, you may also be eligible to bring a wrongful death action. Settlement amounts vary, but damages may include medical expenses related to the bed rail injury, additional care, pain and suffering, and other eligible losses.

Discussing your situation with an attorney from Tahmazian Law Firm, P.C. is the best way to determine whether you can get a settlement. We will investigate your dad’s injuries, gather supporting evidence, and help you hold the nursing home accountable if applicable.

Call Our Dedicated Glendale, CA Nursing Home Abuse Lawyers

Bed rails used unnecessarily can cause serious injuries. If they do, Tahmazian Law Firm, P.C. stands ready to help hold the at-fault parties accountable. Call 818-242-8201 for your free consultation with our determined Los Angeles, CA personal injury attorneys.