Yes. You may have a negligence claim if a long-term care facility injures your family member during a move between a bed, wheelchair or commode. These cases often depend on whether the staff followed the resident’s written mobility instructions, used the right equipment and gave enough physical support.
When can the facility be responsible for a transfer injury?
The staff should assess a resident’s mobility limits and risk of falling, then use a transfer method that fits those needs. Under Delaware long-term care rules, facilities generally must keep residents reasonably safe and provide care that meets accepted standards. If staff ignore the resident’s mobility instructions or move someone in an unsafe way, the facility may be legally responsible for the harm.
To prove negligence, you usually need to show that the facility owed your family member a duty of care, that staff failed to meet the proper standard, that the failure caused the injury and that the injury led to measurable harm.
What problems often lead to transfer injuries?
Transfer injuries often happen when staff cut corners or skip basic safety steps. The details of the incident can help show whether the problem involved poor judgment, weak supervision or a larger pattern of neglect. Common warning signs include:
- One aide trying a move that required two people
- Wrong use of a lift, sling or transfer board
- Failure to follow physician orders about mobility limits
- Broken or poorly fitted equipment
- Poor training for the type of move involved
These facts can help show whether the injury was an isolated mistake or part of a broader safety problem at the facility.
Records can shape the claim after the injury
Prompt medical care creates a clear record of the injury, which can matter if you later bring a negligence claim. In some nursing home neglect cases, written complaints, incident reports, mobility records and treatment notes help connect the transfer to the injury.
Transfer cases can be hard to assess without the full facility file. A Delaware nursing home injury attorney can review the records, determine whether staff followed proper safety steps and help you decide whether the evidence supports legal action.