It can be understandably upsetting for family members of a nursing home resident to find out that their loved one has fallen. However, few people other than those who have experience working in skilled nursing facilities have an accurate understanding of the measures preventing 100 percent of falls would involve – and why some of those steps would be outright illegal.
Nursing home residents have what is commonly referred to as the “right to fall.” What this actually means is that nursing home staff generally cannot restrain a resident to such a degree that he or she would never have an opportunity to fall. If you or your skilled nursing facility is being sued because a resident fell, an experienced DuPage County litigation defense attorney can help.
What The “Right to Fall” Means
Nursing home residents have certain rights under Illinois law. While the “right to fall,” is, of course, not an actual legal right, what residents do have is the right to be free from constant restraint and the right to refuse assistance when getting up from bed. Elderly people who are disoriented may forget that they need help to walk or use a wheelchair, but this does not mean that staff can physically restrain them to their beds at all times. The use of restraints in nursing homes is tightly restricted. Nursing home staff also cannot always physically grab a resident who is insisting on walking unaided despite being a fall risk.