The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Bed Rail Entrapment
Bed rails are intended to protect individuals and are commonly used in nursing home facilities. However, if not used properly, they can have dangerous consequences, leading to injury and death.
The U.S. Consumer Product Safety Commission reports that there have been 284 entrapment deaths due to adult portable bed rails between January 2003 and December 2021. [1] If you or your loved one have been the victim of entrapment, Nursing Home Law Center can help you get justice.
What is Bed Rail Entrapment?
Bed rails are installed on beds for various reasons. They help keep patients from falling out of bed, allow them to get in and out of bed, and provide a sense of familiarity with the right side of the bed.
However, individuals can become trapped in them, causing more harm than good. They can get stuck between the bed rails, mattress, and bed frame. Residents may be unable to move, which leads to severe consequences.
Vulnerable Populations
Bed rail entrapment mainly impacts vulnerable populations, including patients at nursing homes.
- Elderly: People ages 65 and older often need additional care in their daily lives.
- Disabled: Individuals with special needs may use bed rails to keep them safe.
- Limited Mobility: Bed rails can help those with limited mobility move around and get out of bed.
- Cognitive Impairments: Those with cognitive impairments may need bed rails to ensure they don’t injure themselves.
Bed rails are intended to help vulnerable populations but carry an increased risk of entrapment, especially if they are not correctly installed.
Severity of Injuries
Bed rail products can lead to serious injury, including:
- Suffocation: Patients’ heads can get pinned between the bed rails, causing a lack of airflow.
- Strangulation: Patients can get tangled in a bed rail or between the beds, restricting airflow.
- Fractures: Arms, legs, fingers, heads, and more can get trapped in bed assist bars causing fractures and broken bones.
- Internal Injuries: Depending on how you are entrapped by the bed rail, you may face internal bleeding, bruising, strains, sprains, and other internal injuries.
- Death: Entrapment deaths are not uncommon with adult portable bed rails.
You have rights if you or a loved one have faced any of these issues. Nursing Home Law Center can help you navigate your legal options.
Common Causes of Bed Rail Entrapment
Adult portable bed rails can be an entrapment hazard, and the risk of entrapment can increase exponentially, depending on the circumstances. Common causes of entrapment include the following.
Improper Installation
A person can easily get stuck if the bed rail is not installed correctly. Failure to properly follow instructions commonly results in:
- Incorrect Spacing: Failure to place the parts in the correct location can lead to gaps that cause entrapment.
- Loose Parts: A person could either make more space if the parts are loose or get pinched by the bed rail.
- Missing Parts: Not using all the parts can be an entrapment hazard because it leaves spaces for a person to fit into.
Even if bed rails are correctly installed, they can still pose a risk for serious injury.
Inadequate Design
Bed rails that were not adequately designed can lead to entrapment deaths. These devices have gaps or openings that create entrapment zones where people can get stuck.
An excellent example of this is Medline. Medline sold two models of bed assist bar adult portable bed rails, which were recalled because they were improperly designed.
There were two reports of entrapment deaths associated with this bed rail. The model numbers were MDS6800BA or MDS6800BAH, and the two models were identical, outside the quantity you purchased.
They were sold in the United States and Canada, and the company voluntarily recalled them because of the risk of entrapment. [2]
Lack of Supervision
Even if the bed rails are correctly used, they can still pose a risk to patients. If nursing homes or other facilities are not monitoring residents who are at risk, they may be injured or die.
Failure to Assess Risk
Nursing homes and care professionals should assess the risk of using bed rails based on the person’s additional needs. Someone could get seriously hurt if they do not correctly identify individuals who require additional safety measures.
Types of Bed Rails
There are different types of bed rails, and they are used based on a person’s individual needs.
- Full-length Side Rails: They run the entire length of the bed. They can be on both sides, and they can move down to help people get in and out of bed.
- Half-length Side Rails: They cover only a portion of the bed. For example, it may only extend to the patient’s hip and leave their legs uncovered by the bed rails.
- Split-side Rails: They divide into sections for easier access, leaving portions of the bed uncovered by the bed rails.
- Aftermarket Bed Rails: These bed rails are added to existing beds, often without proper installation.
All of these bed rails can pose a severe entrapment hazard that can lead to death.
Legal Rights of Victims and Their Families
If you or your loved one is a victim of entrapment by bed rails, you have rights. You can receive compensation to help recover the cost of medical treatment and other pain and suffering. Here are some of your legal rights.
Product Liability Claims
You can pursue product liability claims against the company that created the bed rails.
- Design Defects: You can hold manufacturers accountable for unsafe bed rail designs. There is no truly safe way to install the bed rails because there are defects in the design to begin with
- Manufacturing Defects: You can pursue claims for faulty production or assembly. The bed rail came with the defects straight from the box.
- Failure to Warn: You can hold companies liable for inadequate warnings about the bed rails’ entrapment risks. There were no or limited disclaimers in place to warn others.
You can recover damages from the third party for entrapment injuries or death.
Negligence Claims
Patients have a reasonable expectation of care, and if it is not met, you can pursue negligence claims.
- Nursing Home or Hospital Negligence: You can hold institutions liable for failure to provide a safe environment or adequate supervision. You need to prove their behaviors led to the injury or death.
- Caregiver Negligence: Caregivers can be found negligent for an improper use of bed rails or a failure to monitor patients. To be found negligent, you need to prove their actions caused the harm that was endured.
While bed rails pose a severe entrapment hazard, they can be adequately avoided. If you sustain any personal harm, you can pursue negligence claims.
Compensation for Injuries and Losses
There are different types of compensation that you can recover for injuries and losses due to bed rails.
- Medical Expenses: This includes past, current, and future medical costs related to the entrapment, like doctor’s bills, ambulance rides, hospital stays, physical therapy, and more.
- Pain and Suffering: You can be compensated for the physical and emotional pain that was endured as a result of the bed rail injury.
- Loss of Enjoyment of Life: A bed rail injury can diminish the quality of life, and you can recover damages for that.
- Wrongful Death: If there is a fatal entrapment that could have been prevented, families can recover compensation from various parties.
Victims can get compensated for the actual and intangible effects of bed rail damages after they occur.
Taking Action After a Bed Rail Entrapment Incident
To build a case, it’s best to take immediate and swift action after a bed rail incident. Here are the steps you should take.
Seek Medical Attention
First and foremost, you need to immediately address any injury you have sustained due to the bed rail. Depending on the severity, you may need to go to the doctor or the hospital for treatment.
Getting medical attention helps provide a paper trail. It gives you documentation of the incident, which is helpful if you pursue legal action.
Report the Incident
You must report the incident once you are appropriately taken care of. If it happened at a nursing home, notify the facility. Make sure that you get a copy of the incident report. You should also report it to a healthcare provider.
You can also report nursing home abuse or negligence locally by contacting your local Ombudsman, your state’s public health office, or adult protective services.
If you are in immediate danger, you can call the police. Reporting the incident to the proper authorities can make sure it doesn’t happen to anyone else.
Preserve Evidence
You must do what you can to preserve evidence of the bed rail injury.
- Photos: Take photos of any physical harm you can see on your body.
- Medical Records: Secure medical records that detail the harm.
- Witness Statements: Get witness statements of anyone who saw the harm take place, either in the moment or the aftermath.
- Report Copies: Get copies of all reports made to authorities.
The more evidence that you can get, the better. It helps support your claims that an injury took place.
Consult an Attorney
Once you are feeling better, consult an attorney. An experienced lawyer will ensure you understand your legal rights. They can help review the details of your case, investigate your claim, and provide legal representation in a court of law.
Nursing Home Law Center will be your advocate throughout the legal process. We can help you seek justice and compensation for the hazards you faced due to bed assist bars.
Preventing Bed Rail Entrapment
While there are hazards, bed rails can be beneficial for many people. If you are in a facility that uses them, there are steps that you can take to prevent the risk of entrapment by bed rails.
Bed Rail Safety Guidelines
As you are choosing the right bed rails for you or your loved ones, make sure that you follow bed rail safety guidelines.
The FDA offers its suggestions to protect consumer safety while using bed rails.
- Make Sure You’re a Candidate. Suppose you suffer from confusion, restlessness, lack of muscle control, Alzheimer’s, dementia, balance disorders, stroke, Parkinson’s disease, multiple sclerosis, or low blood pressure. In that case, you have a higher risk of getting entrapped in bed rails.
- Pick the Correct Type. Different bed rails are available, so make sure you select the right type based on your needs. Consult a medical professional to learn which type will be best for you.
- Confirm Compatibility. Not all bed rails are compatible with all beds, so make sure yours fits your bed.
- Verify Compliance. Confirm that your bed rails comply with safety standards and avoid recalled bed rails. Additionally, make sure that you are using the right rails based on the age, size, and weight of the person using the rails.
- Install Correctly. Failure to properly install bed rails significantly increases the risk of entrapment deaths. Use the manufacturer’s instructions to ensure a proper fit, and make sure there is a safety strap or bed rail retention system in place as a safety measure. [3]
If you choose to use bed rails, ensure it is done safely.
Alternatives to Bed Rails
Explore alternatives to bed rails. Safer alternatives are on the market that can help address the same concerns but have fewer risks.
- Bed Alarms: Bed alarms can notify others when someone gets out of bed. They are weight-sensitive and can make a loud noise. Be mindful that this may cause confusion and startle people, increasing the risk of falling.
- Low Beds or Adjustable Beds: Using beds that are lower to the ground reduces the distance to the ground if a person falls out of bed. They are often easier for patients to get in and out of.
- Floor Mats: Floor mats can provide cushioning should a patient fall out of bed. These are small raised mats, and the change in the surface could pose additional fall risks for those with mobility issues.
- Bed Trapezes: These handlebars can help people leverage themselves in and out of bed. They are similar to bed rails, but they are free-standing. If they are not appropriately installed, bed trapezes could cause fall risks.
These alternatives to bed rails may provide similar peace of mind for those who are considering using bed rails. While they do not carry the same risk of entrapment, they have their own concerns, so you will want to consult with a medical professional to understand your options.
Regular Inspections and Maintenance
Perform routine inspections and maintenance to ensure the bed, mattress, and rails are in working order. You want to look out for:
- Gaps: Body parts could get stuck in the areas between the mattress and rails.
- Loose Fittings or Improper Installations: This could cause the bed rails to fail when needed, leading to gaps.
- Damage: Issues with the bed rails can cause harm or lead to entrapment issues.
Ultimately, there should be no gaps wide enough for a head or body to fit in, and regular inspections and maintenance can help prevent accidents.
Contact a Bed Rail Entrapment Lawyer
Entrapment deaths and injuries are avoidable, and if you or a loved one have suffered, you have options. Nursing Home Law Center will be your voice in the legal system, helping explain your options to get you the best compensation.
Contact us today for a free consultation by calling (800) 926-7565 or filling out the form on our website. You deserve to receive justice for the harm that you endured as a result of bed rails. Reach out today to get started!
References: [1] U.S. Consumer Product Safety Commission, [2] NPR, [3] FDA