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Can a Nursing Home Be Held Liable for a Resident’s Wheelchair Injury?

Whether a nursing home resident is confined to a wheelchair or must use one to get around most of the time, wheelchairs are both prevalent and crucial for most residents in nursing homes. The use of a wheelchair is often the difference between an injury for many nursing home residents who may otherwise risk a fall without it. Because about half of nursing home residents are 85 years or older, often with multiple ailments, a fall can result in a severe and life-altering injury. 

With many nursing homes being understaffed, it is an unfortunate reality that many residents may slip through the cracks, especially those in wheelchairs. Whether a staff member did not take enough care to carefully help a resident transfer in and out of a wheelchair, left a resident in the wheelchair too long, or forgot about them all together, injury can occur. When a resident is injured due to an accident relating to their wheelchair, the nursing home abuse lawyers of Dalli & Marino want to help you understand when a nursing home can be held liable for the incident. 

How Wheelchair Injuries Happen

With so much going on and so many patients to see, the understaffed nursing homes may not give the proper care needed to care for a resident in a wheelchair safely. However, no matter how understaffed a facility may be, it does not excuse your loved one suffering an injury that could have been prevented. The following are some common ways wheelchair accidents may occur:

  • A fall may occur when moving from a bed or chair into the wheelchair and vice versa
  • A fall can occur transferring from a shower stall to the wheelchair
  • An accident may occur if a caregiver is pushing a residents wheelchair too fast or if they make a sudden stop causing the resident to fall forward
  • A resident can fall out of the wheelchair if they are being pushed and a wheel hits a wall or other object, and the caregiver does not notice and keeps pushing

Accidents like this can lead to severe injuries such as broken bones, brain injuries, or head injuries. 

How to Determine Liability for Wheelchair Injuries

No one wants to get the news that their loved one has been injured in an accident that could have been prevented. To determine whether a nursing home can be held liable for if you can prove that they did not practice their duty of care and that is directly related to your loved one’s injury. Failure to uphold a reasonable level of care can constitute negligence on the part of the nursing home. Some key indicators that a wheelchair related injury was directly linked to negligence at the hands of a nursing home staff member are:

  • Nursing home is under-staffed
  • Nursing home staff members are poorly trained
  • Nursing home staff has repeatedly been found to not properly monitor residents in their care

If your loved one has been injured from a wheelchair accident and you suspect that the nursing home could be liable, you must contact an experienced nursing home abuse lawyer to aid you with your claim. 

Get In Touch With A New York Nursing Home Abuse Lawyer

When you bring a family member or loved one to a nursing home, you expect them to deliver a high level of care while they have them in their care. Unfortunately, that is not always the case. Residents that rely on wheelchairs to get around are left even more vulnerable, making it devastating when an injury occurs at the hands of another’s negligence.  

Dalli & Marino is a team of award-winning nursing home abuse lawyers with experience helping the communities of New York since 1996. Offering personalized and dedicated services, our team is prepared to help you with a matter as delicate and close to your heart as this. For a free case evaluation, contact us here or call (888) 465-8790.

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