Who’s Responsible When a Nursing Home Resident is Injured During Transport?

Transportation should never be the most dangerous part of a nursing home resident’s day

Because of their complex medical needs, nursing homes frequently need to be transported between the nursing home itself and hospitals, doctors’ offices, clinics, and specialized nursing and rehabilitation facilities. Those transports should be safe and routine events, but unfortunately, that’s often not the case in practice. Negligence during transport can cause serious and even deadly injuries to residents.

When an injury occurs during transport, it’s sometimes unclear who is responsible for the damages. The nursing home and the transportation company may point fingers at each other. Here’s what residents’ families need to know.

Why do injuries occur during transportation?

• Failure to follow medical restrictions: Nursing home residents may need specific care during transportation, such as proper positioning, oxygen use, or avoiding pressure on certain parts of the body. If those medical restrictions aren’t followed, residents can be seriously harmed.
• Failure to secure the resident or their wheelchair. Nursing home residents may not be able to secure their own seatbelts or harnesses and will need assistance to do so; failure to make sure they’re buckled in can lead to serious injuries during a collision, sudden stop, or sharp turn. Wheelchairs also need to be securely fastened within the vehicle to prevent sliding or tipping.
• Improper assistance getting in or out of the vehicle. Getting a nursing home resident with limited mobility into or out of a vehicle can be dangerous. Proper procedures must be followed when lifting the resident, maneuvering their wheelchair up or down a ramp, or assisting them in walking to their seat.
• Dangerous driving: Drivers transporting nursing home residents need to drive defensively and obey the rules of the road; they should be especially cautious because their passengers are so vulnerable. Speeding or reckless driving can lead to serious injuries.

The right attorney can get to the bottom of what happened and why

When a nursing home resident is injured during transport, at least two entities could be responsible: the nursing home itself and the transportation company. Determining who is at fault may require an in-depth investigation.

For example, if the nursing home failed to communicate the resident’s medical needs to the transportation company, then the nursing home may be responsible for the injury. On the other hand, if the nursing home provided the transportation company with the information it needed and the transportation company failed to follow it, the transportation company may be legally liable.

Contact Shuttlesworth Law Firm to learn your legal options

In some circumstances, there may be additional responsible parties, such as the driver of another vehicle or even the manufacturer of a defective vehicle or medical equipment. That’s why you need an experienced attorney to thoroughly investigate what happened and find out who was responsible for the injury to your loved one.

If your loved one was injured or killed during transport to or from a nursing home, you need a law firm with experience, resources, and a strong track record in nursing home cases. Attorney Perry Shuttlesworth and the team at Shuttlesworth Law Firm, P.C. have achieved meaningful results for many victims of nursing home abuse and neglect, including a $1.2 million recovery for a wrongful death due to nursing home neglect. Give us a call or contact us online for a free consultation.

"I felt 100% comfortable from our first meeting to the very end of our trial. He truly cares, and it shows! Me and my family will forever be grateful for Perry and his staff!" – Clay C., ⭐⭐⭐⭐⭐