There is a dangerous issue one of my clients is facing. The client is residing in a nursing home. The nursing home is refusing to install bedrails to protect my client from falling out of his bed. He is not ambulatory.
This is clearly unacceptable. The nursing home claims it is illegal for them to install bedrails to my client’s bed because bedrails constitute an “unlawful restraint.” Yet, the nursing home has not provided me any statutory basis for this refusal. To my knowledge, there is no such state or Federal statute in Indiana.
It is essential that when elderly or disabled people reside in nursing homes, measures are taken to ensure, as much as possible, the protection of that individual from injury. We entrust these facilities with our parents, husbands, wives, and other loved ones. Most of the time residents of nursing homes are partially or entirely dependent on staff to survive.
The nursing home’s position is entirely unacceptable. If there is a statute prohibiting bedrails from being installed on patients beds, my client may consider challenging the legality of the statute. People have lost their lives in Indiana due to the refusal of installing bedrails to protect patient’s from falling out of their beds.
If you have a similar situation, any conflict with a nursing home, or someone you know has suffered injuries or death while in their care, contact me for a free consultation.
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