Bed Rail Use Can be Considered a Restraint
Choking as a result of being entrapped in bed rails on a hospital bed in a nursing home or other type of care facility is a real risk. Many people die each year as a result of being trapped between the railing and their bed or in the railing itself.
Residents Using Bed Rails or Bed Rail Guards Need to be Supervised
Some facilities say that residents cannot use bed rails however they are allowed if the risk from injury from falling from the bed is greater than the risk of entrapment. Oftentimes care facilities will require the resident or their legal representative to sign a form agreeing that they will not sue the facility if an injury occurs before the rails are used. It is important to have an experienced nursing home neglect attorney review the admission records and any waivers the family may have signed as well as the records for the resident to determine the appropriate use of the rails.
The use of bed rails is controlled by Minnesota Statute Section 144.651, Subd. 33, which states in part that
(a) Competent nursing home residents, family members of residents who are not competent, and legally appointed conservators, guardians, and health care agents as defined under section 145C.01, have the right to request and consent to the use of a physical restraint in order to treat the medical symptoms of the resident.
(b) Upon receiving a request for a physical restraint, a nursing home shall inform the resident, family member, or legal representative of alternatives to and the risks involved with physical restraint use. The nursing home shall provide a physical restraint to a resident only upon receipt of a signed consent form authorizing restraint use and a written order from the attending physician, advanced practice registered nurse, or physician assistant that contains statements and determinations regarding medical symptoms and specifies the circumstances under which restraints are to be used.
Federal law also provides guidance on the use of bed rails in nursing homes in 42 CFR. 483. 25 (n), which states
Bed rails. The facility must attempt to use appropriate alternatives prior to installing a side or bed rail. If a bed or side rail is used, the facility must ensure correct installation, use, and maintenance of bed rails, including but not limited to the following elements.
(1) Assess the resident for risk of entrapment from bed rails prior to installation.
(2) Review the risks and benefits of bed rails with the resident or resident representative and obtain informed consent prior to installation.
(3) Ensure that the bed’s dimensions are appropriate for the resident’s size and weight.
(4) Follow the manufacturers’ recommendations and specifications for installing and maintaining bed rails.
Here is a Recent Bed Rail Entrapment Case
Here is a recent article I wrote on a bed rail entrapment in Oak Park:
Contact An Experienced Bed Rail Attorney to Review Your Case
If you have questions or concerns entrapment in a bed or from bed rails or about choking, asphyxiation or suffocation suffered by someone you love contact Attorney Kenneth LaBore for a Free Consultation at 612-743-9048.