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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
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Experience:  personal injury and medical malpractice attorney
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In West Nursing Facility where a patient is falling often,

Customer Question

In West Virginia Nursing Facility where a patient is falling often, does the Facility have the right to put the patient in a chair outside the Nurse station EVERY night to sleep so they can keep an eye on her. Why are they not allowed to put side bars on the bed to prevent her from getting out of bed at night? Why have a bed if she can't sleep in it?
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

The following are the National Patient Safety Goals elements of performance standards for decreasing the risk of falls in the hospital.

  • The hospital establishes a fall reduction program
  • The fall reduction program includes an evaluation appropriate to the patient populations, settings, and services provided.
  • The fall reduction program includes interventions to reduce the patient’s fall risk factors.
  • Staff receives education and training for the fall reduction program.
  • The hospital educates the patient and, as needed, their family, on the fall reduction program and any individualized fall reduction strategies.
  • The hospital evaluates the fall reduction program to determine the effectiveness of the program.

In order to ascertain the standard of care for the Nursing facility, you must have an expert that specializes in this type of care. A nurse or administrator specializing in nursing home care would be a good start. There seems to be a question here and retaining a local medical malpractice attorney would be able to ascertain your claim. It would seem that there would be a better protocol than having the patient sleep in a chair in front of the nursing station every night. There would probably be expert support in this situation enough to bring forth a lawsuit. The problem would be the damages in this case, there might be some related to the patient being uncomfortable but these would not be significant. The biggest damage in this case would be possible punitive damages regarding the treatment of the patient. Again, retaining an attorney to ascertain your case will be very important. You can find a local attorney on martindale.com and lawyers.com and search by specialty and find the right attorney for you.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

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