Fall in old people's home: porters are not liable

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Fall in old people's home: nursing home does not have to pay for the treatment costs

If a resident supports the old people's home, the institution does not have to pay for the treatment costs. Nursing homes are obliged to take care of the physical health of the residents, but the dignity of the caregiver must always be preserved, judged the judges of the Coburg Regional Court with the file number: Az. 11 O 660/09.

Elderly care or nursing homes do not necessarily have to pay for the cost of treatment if a person in need of care inflicts an injury due to a fall. Nursing homes must ensure the physical integrity of the residents, but the dignity, interests and needs of the resident must also be preserved. In the present case, the fall occurred during a care measure, after which the health insurance company wanted to sue the treatment costs from the facility.

Fall during care In this specific case, a resident fell when changing the incontinence pad and had to be given medical care. The health insurance company then sued the nursing home for the treatment. After all, the fall and thus the injury happened during a nursing process. The health insurance fund took the view that the caregiver should have taken additional precautionary measures to prevent the patient from falling. According to the AG for medical law of the German Lawyers' Association (DAV), the health insurance company asked for a total of 8,000 euros for medical treatment costs.

However, the agency refused to pay the costs. Here the position was represented, the change of the insert took place according to the ideas and wishes of the resident. The care of the person to be cared for was always carried out in the same way. So far there have been no falls or health problems. Until the accident occurred, the resident did not need any support from nursing staff when walking or standing. The backups were therefore sufficient.

Security measures were sufficient
The court disagreed widely with the institution's opinion and dismissed the till's complaint. In this case, the duty of the nursing staff to protect the residents is largely limited to the usual measures of nursing facilities. In addition, the insert change was designed in the form that residents had requested. Compliance with human dignity plays an important role here, according to the judges. Until the accident, the man needed no walking aid and no active support from the staff. Therefore, there was no need for the employees to carry out further security measures. The costs of the treatment must be covered by the health insurance company where the man is insured. (sb)

Also read:
Every tenth hospital treatment is harmful
Hartz-IV: higher ALG II entitlement for care
Caring for relatives makes you sick yourself
Nursing services more deductible

Image: Rainer Sturm / pixelio.de

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