nursing home bed rail fall

I'm not sure if i'm in the right forum for this problem but here is my concern.

My aunt is in a nursing home. she has had a stroke and been paralised on one side of her body. she's on bed rest with no chance of walking again. she usually has her bed rails up. she falls out of bed one night and no one really knows for how long she was down on the floor. my thing is, i thought it was state law or fda law or a law somewhere that for a bed ridden or paralised patient bed rails should remain up at all times. i'm not sure. but even so, for any patient shouldn't the top two bed rails be up anyway for safety? please let me know if i should be taking this matter to court or is it just my loss?

now the nursing home wants me to sign some form, a bed rail document stating bed rails to be up a all time. something is not right here. i also though to have any form of a restraint on a patient it had to be a written doctors order, or at very minimum the nursing home/ hospital policy that a patient with those condittions have rails up at all times as a safety precaution. please get back to me, i'm not sure what i should do. although there are no visable signs of broken bones or trauma from the fall at this moment, what if something happens in the coming days that could be traced back and caused by this fall?

I'm just not sure if i should be filing a report of neglect or something against the facility, or even just doing more in a situation like this. thank you in advance for any comments or suggestions.

Perhaps get our doctor to review and advise what should be the standard for her under the current situation, if you can do that...

It is certainly possible you have a case based on what you say here; you could take a brief description of these events as well as your medical records to a malpractice or injury attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you.

updates on current situation. i went to see my aunt today, she complains of back pain. apparently in this nursing home they claim it's not by law to have bed rails up even with a patient in her condition because it is a form of restraint. also just fyi she is on an air mattress which raises her a bit higher than a normal size bed as is. the bed rail can still be raised but will not be as high as it would be on a regular bed. the nurse supervisor asked me to sign a restraint consent which would basically allow them to use the bed rails. but if a consent needed to be signed in the first place then why were the bed rails up previous times we have visited? it just doesn't make sense. i asked for a copy of the incident report from the night of the fall, that was refused. i also asked for a copy of the fda state law regarding bed rails, their policy and procedure manual regarding falls and their safety guidlines. all of the basics that any medical or nursing facility should have readily available in any given situation (or at least the hospitals i have worked in, that is standard and mandatory), but they said we would have to sign a release of information form do to HIPPA. i thought that was a load of crap because the facilities policy and procedures has nothing to do with the patients information so how is it "HIPPA" to simply have in writing the guidlines and procedures, steps to follow when such a situation occurs. they would not give us copies of anything. the excuse for not allowing us to view policy and procedure was they said we had to sign the release of information form, it then had to be reviewed by administration and it would be at least 3-4 days before we can get any information and that is only if administration approves our request. i'm very angry that things are going this way, my family does not want to take this matter to court, i do. at very least, i feel this is a matter of neglect. my family is angry and simply wants the paper work information but doesn't want to do anything with it except be angry with the paper work in their hands. what should i do.

Hello First get copy bed manufacturer users manual.The manual will almost always say the rails must be up when patient is in bed.Side rails are not a restraint.The iec 60601-2-38 is the US and world standard for hospital beds.The 2-38 has been the fda's recognized consensus standard for more than 10 years and is also the osha standard.The 2-38 requires 8.6" top of mattress to top of siderail. Side rail height very important when you have an unapproved air mattress.Fda reports many deaths and injuries because of improper bed/ mattress combination.See testing guide lines and requirements at fda, meca lab and at burke bariatric see important hospital bed safety standards information. Burke explains the side rail requirements of the 2-38. Thank You

The decision to place a loved one in a nursing home is difficult and requires a great deal of trust. After all, the family is placing the care of a senior loved one in the hands of strangers. When negligent or abusive nursing home operators violate that trust, not only do they cause the guest to suffer, they burden family members with feelings of guilt and anger over what was meant to be a good faith decision. Don’t let them get away with it. A competent, local nursing home attorney can help bring them to justice and give you the peace of mind that comes from knowing that your loved one will be well taken care of.

[Viresh]

Bed rails may prevent LVN nursing home residents or hospital patients who are normally able to get out of bed from performing routine activities such as getting something from a closet or table. They can make patients feel isolated. When bed rails are used as a restraint, they may actually encourage agitated behavior.

does CO have a "right to fall" law for nursing homes that states no bed rails ever that is what a friend was told even though the patient will definitely fall out of bed?