The Michigan nursing home neglect lawyers at Buckfire & Buckfire, P.C. represent nursing home patients who have suffered serious injuries or were killed after falling from a bed in a bed rail accident at a facility or hospital. While bed rails serve the purpose of preventing patients from falling out of bed and sustaining injuries, they also pose a significant risk of injury, even death.
According to a study conducted by the Consumer Product Safety Commission (CPSC), from 2003 to 2012 there were approximately 36,900 emergency ward visits that involved bed rails. Out of the 36,900 emergency ward visits, 155 bed rail deaths resulted. Nursing home residents who have problems with memory, sleeping, incontinence, pain, uncontrolled body movement, or who get out of bed and walk unsafely without assistance are at highest risk for bed rail injury and death. As a result of these findings, there has been little to no regulations on bed rails.
Sue Michigan Nursing Home For Bed Rail Accident
There are many causes of bed rail accidents that are due to the negligence of a nursing home facility or its staff. The most common negligent causes include:
- Bed rails not put up at the time of the fall
- Gaps (beds should be put together properly)
- May not be up to CPSC standards.
Typically, it is the physician's duty to prescribe bed rails for the patient and the nursing staff's responsibility to make sure that they are being used when the patient is in bed. Therefore, in our analysis of a fall from bed case, we first determine if the doctor was negligent for failing to prescribe bed rails. If bed rails were ordered by the nursing home doctor but not used or not up to correct standards, this would be negligence by the nursing home facility and its staff. When a patient does suffer serious injury in a fall from a bed in a bed rail accident due to the negligence of another, they do have legal rights and the injured patient and his/her family may be able to pursue a Michigan nursing home lawsuit.
Risks of Bed Rails
According to the U.S. Food and Drug Administration (FDA), potential risks of bed rails may include:
- Bodily injury or death when patients or part of their body are caught between rails or between the bed rails and mattress
- More serious injuries from falls when patients climb over rails
- Skin bruising, cuts, and scrapes
- Inducing agitated behavior when bed rails are used as a restraint
- Feeling isolated or unnecessarily restricted
- Preventing patients, who are able to get out of bed, from performing routine activities such as going to the bathroom or retrieving something from a closet
Legal Rights of Residents After a Bed Rail Fall
When a nursing home resident falls out of bed due to the failure of the nursing home staff to properly assess the risk of a fall injury, failure to take measures to prevent a fall injury or because of defective rails, the resident and the family can pursue a nursing home negligence case on behalf of the resident. This will not only help compensate the resident for the injuries or the family if the patient dies from the fall, but will help prevent other similar incidents from occurring at the facility at a later date.
Contact a Michigan Nursing Home Lawyer
Our experienced nursing home attorneys handle cases for nursing home residents who have suffered serious injuries and death after a resident fall from a bed in a bed rail accident at a Michigan nursing homes or hospital facility. Nursing home residents injured from bed rails should contact a Michigan nursing home neglect lawyer immediately to discuss your case. Call our office now at (800) 606-1717 to discuss your case.