Bed Rail Entrapment
Many nursing home residents are at risk for falling out of bed and suffering harm. As such, nursing homes will often place rails on their beds. Bed rails typically help ensure nursing home residents sleep safely, but they can ensnare residents if they are not used or installed safely. Bed rail entrapment can cause critical harm, and nursing homes that negligently allow residents to suffer injuries due to bed rails should be held accountable. If you or someone you love sustained damages because of bed rails used in a nursing home, it is wise to consult a lawyer about your options for pursuing damages. The skillful Cape Cod nursing home negligence lawyers of The Law Offices of John C. Manoog, III, are adept at holding careless nursing homes responsible for the losses they cause, and if you hire us, we will aggressively pursue any compensation you may be owed. Collectively, we have more than fifteen decades of experience representing people in claims against nursing homes, and our dedicated advocacy has resulted in the recovery of several multi-million dollar settlements and damages awards for our clients.Harm Caused by Bed Rail Entrapment
Nursing homes will typically place rails on the side of a resident’s bed if the resident needs help getting in or out of bed or presents a risk of rolling or falling out of bed while sleeping. If the railing is not installed correctly or the resident is not monitored, part of a resident’s body may become trapped between the railing and the bed, causing the resident to suffer harm. For example, if a resident’s head becomes stuck between a railing and a mattress, it can cause hemorrhaging, brain trauma, and suffocation. In many instances, bed rail entrapment causes fatal harm.Recovering Damages From Nursing Homes
Nursing homes have an obligation to abide by federal and state regulations pertaining to long-term care facilities. In part, the regulations dictate that nursing homes must provide their residents with a safe living environment and competent care, which includes preventing them from suffering harm. If a nursing home carelessly fails to uphold its obligations and a patient suffers harm as a result, the nursing home may be deemed responsible for any losses incurred.
Typically, a plaintiff pursuing claims against a nursing home for bed rail entrapment will assert a negligence claim against the nursing home. In Massachusetts, recovering damages under a theory of negligence requires a plaintiff to demonstrate a duty owed by the defendant. Generally, the duty a nursing home owes a resident is to provide an environment that complies with the standards set forth under any applicable law or regulation. The plaintiff then has to show that the nursing home breached the duty owed. For example, if staff failed to ensure a resident could not become entrapped in a bed rail or check on the resident throughout the night, it may constitute a breach.
Finally, the plaintiff must prove that the nursing home’s breach proximately caused the plaintiff to sustain actual losses. In other words, that the resident suffered measurable harm, but the harm would not have occurred if the nursing home upheld the duty owed. In many instances, the plaintiff will need to retain an expert to offer testimony regarding the standard of care imposed on the nursing home, the manner in which it was breached, and to link the breach to the harm suffered.Talk to a Capable Cape Cod Attorney About Your Claims
Bed rails are designed to prevent injuries, but they may harm the people they are meant to protect if they are not used properly. If you or a loved one sustained damages because of bed rail entrapment, you should talk to an attorney regarding your potential claims. The capable Cape Cod attorneys of The Law Offices of John C. Manoog, III, can gather the evidence needed to provide you with a strong chance of obtaining a favorable result. We have a history of attaining successful results, including several settlements and verdicts exceeding one million dollars. We frequently represent people in negligence claims against nursing homes on Cape Cod, and we are also available for meetings in Hyannis and Plymouth. You can reach us via our online form or at (888) 262-6664 to schedule a meeting.