What is our legal recourse if my father who has ALS fell out of the bed at a nursing home because there were no railings in place on the bed?

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What is our legal recourse if my father who has ALS fell out of the bed at a nursing home because there were no railings in place on the bed?

You should know that the railing were pre-approved and previously used for my dad. In addition, there were no floor mats and the bed was not positioned low to the ground. Therefore, the proper safetyprecautions were not taken by the nursing home, even after detailing the necessary precautions. My dad’s injuries include bruises, swelling, and pain. Is there anything that can be done for his pain and suffering. Should we speak with a personal injury attorney? In Cook County, IL.

Asked on November 21, 2011 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should speak with a personal injury attorney. The failure to provide the railings, or to take other reasonable precautions, may constitute negligence and entitle your father to some compensation. Note, however, that compensation is linked to the severity of injuries and the extent of any monetary losses or costs incurred; if your father escaped with "just" some bruising and pain, but no permanent injury or disability, no significant medical costs, etc., it may not be economically worthwhile to bring a legal action.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should speak with a personal injury attorney. The failure to provide the railings, or to take other reasonable precautions, may constitute negligence and entitle your father to some compensation. Note, however, that compensation is linked to the severity of injuries and the extent of any monetary losses or costs incurred; if your father escaped with "just" some bruising and pain, but no permanent injury or disability, no significant medical costs, etc., it may not be economically worthwhile to bring a legal action.


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