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$1,250,000Repeated fall injuries

Hoyer Lift Nursing Home Accidents

nursing home patients dropped

Aging adults sometimes require more medical assistance than their lives at home can provide. Rather than constantly having medical professionals come to their homes, these individuals can move into nursing homes for 24/7 access to the services they need and comfortable accommodations. 

Many of these adults have mobility challenges. Some disabled residents, or those recovering from injuries or illnesses, require physical assistance when moving around. Nursing home staff may use medical devices called Hoyer lifts to move a resident safely. 

What is a Hoyer Lift?

A Hoyer lift is a device that allows caregivers to lift and move disabled patients, including nursing home residents. A sling secures the upper two-thirds of the body to move patients to beds, wheelchairs, or other locations. 

This mechanical lift can be operated electronically or manually. In a nursing home, it is most often used to move a resident to and from their bed or wheelchair. 

The Importance of Proper Hoyer Lift Usage

While a Hoyer lift is a tool that helps nursing staff move residents, it is only effective when used correctly. Using a Hoyer lift requires certain practices to ensure the resident transfer occurs safely. 

If a patient is secured incorrectly in the sling, or the base is not aligned correctly for lifting, the person could experience serious injuries. Those injuries could result from a fall from the Hoyer lift or incorrect positioning of the resident. 

Common Causes of Hoyer Lift Accidents

Hoyer lift accidents happen at an alarming rate in nursing homes. This type of patient lift can easily be misused by a staff member, resulting in severe injuries to the person being transported. Here are a few common causes of Hoyer lift accidents that can cause significant harm to nursing home residents. 

Inadequate Training and Competency

Hoyer lifts should only be used by trained personnel. Lack of competency with this medical device could place residents in danger. For example, if a nurse does not understand how the sling is supposed to bear weight, they may position the person incorrectly. 

Defective Equipment or Maintenance

In many cases, this type of mechanical lift may malfunction. The straps holding the sling may be compromised, and putting a resident in the sling could cause the straps to break. 

Mechanical issues with Hoyer lifts could result from manufacturing defects, improper maintenance, or missing parts. In either case, the equipment defect could place disabled residents in danger of fall injuries. 

Improper Sling Selection or Application

The sling component of the Hoyer lift is where the resident sits while being lifted and transported. If the wrong size sling is used, or the caregiver misapplies the sling straps, the patient could fall out of the harness. 

Falling in a nursing home, even from a low height, can lead to severe injuries that make the nursing home and its staff liable for legal damages. 

Negligent Operation of the Lift

Once the resident is secure in the sling, improper operation can be dangerous. Nursing home staff may move the lift in quick, jerky motions that damage the resident’s body. 

If they rush due to workload or frustration, they may fail to check all the straps and ensure proper positioning for the resident. Negligent operation of the Hoyer lift could lead to harming the resident. 

Failure to Follow Safety Procedures

Nursing home negligence happens because of a failure to follow safety protocols. With a Hoyer lift, there should be a checklist for every operator to ensure the safe use of the device. Neglecting these procedures can make it harder to transfer disabled residents safely. 

For example, if the nursing home has a policy where nurses must check each buckle or strap twice, and one staff member skips this step, it could result in a compromised sling. This may lead to an accident that injures the resident. 

Types of Injuries From Accidents Involving Hoyer Lifts

Mechanical lifts can cause numerous injuries in nursing homes. Whether the machine is being used improperly or has a defective part, residents face significant danger of serious injuries. Here are a few potential outcomes of a Hoyer lift accident. 

Falls and Fractures

Falls are the most common cause of injury for a resident in a Hoyer lift. They could fall because the sling was improperly placed or the operator rushed the process and didn’t follow the facility’s policies. Falls can cause various injuries, such as fractures, head injuries, spinal cord injuries, or traumatic brain injuries. 

Skin Tears and Abrasions

When Hoyer lifts are improperly used, patients could suffer damage to their skin. Rough handling during a transfer or poorly placed straps could lead to skin tears or abrasions that may become infected if untreated. 

Sprains and Strains

If a mechanical lift is used with sudden movements or poor lifting techniques, the patient could experience muscle strains or sprains. Their body positioning could be off, resulting in significant back pain from a strain. This is why caregivers must follow safety checks rather than cut corners and ignore the patient’s needs to complete the transfer quickly. 

Emotional Distress

Even if a patient does not get physically hurt in a Hoyer lift accident, they may experience emotional trauma or fear after an incident. This could make them wary of being put in a lift. If they are seriously hurt, their long recovery could make them fearful of mechanical lifts. 

Legal Options for Hoyer Lift Accident Victims

If a person suffers from a fall or improper use of a Hoyer lift, they may have legal grounds for a lawsuit. You or a loved one can pursue compensation for damages to hold the at-fault person accountable and recover economic and non-economic losses. 

Nursing Home Negligence

Nursing home negligence is often the culprit for a Hoyer lift incident. The patient’s suffering could result from improper training, malfunctioning base legs, a rushed transfer, or a failure to operate the machine according to protocols. 

Whatever the cause of the incident, if negligence was involved, you can file a claim against the facility for not upholding the proper standard of care. 

Proving Liability

Negligence must be proven to win compensation for yourself or a loved one in a nursing home. Four elements must be proven with evidence in a personal injury case: 

  • Duty of care – The defendant had a duty to prevent the harm suffered by the victim
  • Breach of duty – The defendant’s actions violated that duty
  • Causation – There is a direct link between the defendant’s actions and the victim’s suffering
  • Legal damages – The victim suffered relevant damages because of the mistreatment

Seeking Compensation

A lawsuit is a legal action to recover compensation for legal damages. These damages may include medical expenses, future medical costs, emotional distress, pain and suffering, and loss of quality of life for cases involving Hoyer lifts. The plaintiff could also be eligible for punitive damages for instances of gross negligence or intentional misconduct. 

What a Lawyer Can Do for Hoyer Lift Accident Victims

If you or a family member require assistance filing your lawsuit, you must partner with an experienced legal team. Nursing home abuse and neglect lawyers know how to hold these institutions accountable for causing patients harm. Here’s how we can help.

Investigating the Accident

An investigation is required to uncover evidence and support your claim. The lawyer will investigate the circumstances of the accident, gather evidence to support your claim and interview witnesses for more information. 

Negotiating with the Nursing Home

Nursing homes and insurance companies often offer less than patients deserve for their suffering. The attorney’s job is to negotiate from a position of strength to secure maximum compensation for their client. 

Litigating the Case

Although many nursing home cases that involve falling out of a Hoyer lift may be settled outside of court, a trial is possible. In that case, your attorney will help prepare the lawsuit, represent you in court, and argue for a fair settlement before a judge and jury. 

Secure Expert Legal Counsel! 

Moving between beds, wheelchairs, and other seats can be scary for nursing home residents with limited mobility. A Hoyer lift is a popular device that assists caregivers as they move patients from place to place. However, when mistakes are made, you or your loved one could be in danger of falling on the floor and getting seriously hurt.

The Nursing Home Law Center assists nursing home residents and their families with their lawsuits. Whether a staff member attempted to move you without enough space near the lift or cut corners to rush the process and position your body incorrectly, you can pursue compensation for your suffering. 

Contact our office today for a free consultation by calling 800-926-7565 or completing the online form.

What Should a Nurse Do If a Patient Falls?

A nursing home resident fall could cause catastrophic results that lead to severe injuries or death. What you do next after the resident falls could allow the victim to heal quicker from their injuries.

First, check the resident's blood pressure, pulse, and breathing. If they are unconscious or you cannot find a pulse, call 911 and begin cardiopulmonary resuscitation (CPR) immediately. Don't move the patient. Instead, evaluate their condition and identify broken bones, dislocated joints, bruises, scrapes, cuts, or a head concussion.

The patient might be confused, shaking, dizzy, or in pain. Wait for the emergency medical technicians (EMTs) to arrive before moving or lifting the patient from the floor.

How Are Patients Dropped at Nursing Homes?

Sadly, lack of supervision or insufficient staffing could result in a resident dropping to the floor. According to The Centers for Medicare and Medicaid Services, common falls and drops occur while the staff is:

  • Transferring the resident from the wheelchair to the bed
  • Transferring the resident from their wheelchair to the toilet, bath, or shower
  • Using Hoyer lift transfer equipment improperly
  • Using broken or defective Hoyer lifts
  • Getting residents in wheelchairs in an out of the transportation vans
Can I Sue a Nursing Home for Negligence?

According to the CDC (Centers for Disease Control and Prevention), nearly 2000 nursing home residents die every year in America from fall-related injuries. If you or a loved one were injured through negligence at a nursing facility, you have the legal right to file a civil lawsuit seeking financial compensation.

However, you will need to prove that the staff, administration, or facility was negligent or intentionally caused your injury, abuse, or neglect. Typically, cases involving mild to moderate injuries will resolve in a few months.

Alternatively, cases involving catastrophic injuries or wrongful death might take two years or longer to resolve through a negotiated settlement or jury trial award.

What Constitutes Neglect in a Nursing Home?

Abusing or neglecting caregiving patients continues to be a severe problem for the nursing home industry. Many neglected victims suffer from poor personal hygiene, unsanitary living conditions, physical issues caused by a lack of nutrition and hydration, and a lack of mobility.

Other residents have unexplained injuries, including head trauma, fractures, and bruising. Others have psychological issues caused by emotional abuse, psychosocial trauma, and financial exploitation.

What Are the 3 Most Common Complaints about Nursing Homes?

Many nursing home patients complain that the staff failed to seriously follow their Care Plan to maximize their health and well-being. Some nursing staff members disregard the residents' preferences, including what they eat, when they go to bed, or what clothes they like to wear.

Other residents claim that the nurses and certified nursing assistants do not provide necessary services due to a lack of caring or understaffing. Some abuse and neglect claims are based on the improper use of physical restraints that do not follow established protocols as mandated by the Centers for Medicare and Medicaid Services regulations.

Can I Sue a Nursing Home for Negligence?

Every nursing home neglect and abuse victim could file a civil lawsuit or compensation claim against the facility to recover damages. The victim might sue the facility and staff members for negligence, abuse, and wrongful death.

Some cases involve staff members failing to provide proper care or assisting residents with eating and drinking, basic hygiene, and mobility assistance.

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