Fall in the old people's home carrier is not liable

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

24.03.2011

If a resident supports a resident at the old people's home, the institution does not have to pay for the costs of the treatment. Although nursing homes are obliged to pay attention to the physical health of the residents, but the dignity of the caregiver must always be respected, the judges of the Coburg district court ruled with the file number: Az. 11 O 660/09.

Elderly care or nursing homes do not necessarily pay for the cost of treatment if a patient is injured by falling. Although care facilities must pay attention to the physical integrity of the residents, it must also preserve the dignity, interests and needs of the resident. In the present case, the fall occurred during a care measure, whereupon the health insurance wanted to sue the treatment costs of the institution.

Fall during the care
In the specific case, a resident rushed when changing the incontinence pad and had to be medically treated. As a result, the health insurance company sued the nursing home for the cost of the treatment. Finally, the fall and thus the injury during a care process happened. The health fund considered that the caregiver should have taken additional precautions to prevent the patient from falling. According to the AG for medical law of the German Bar Association (DAV) required the health insurance total 8000 euros for medical treatment costs.

However, the institution refused to pay the costs. Here one represented the position, the change of the deposit took place according to the ideas and wishes of the resident. The care of the nurse was always carried out in the same way. So far, there have been no falls or health problems. The resident had needed no support while walking or standing by nursing staff until the accident occurred. Therefore, the backups were sufficient.

Security measures were sufficient
The court largely agreed with the institution's opinion and rejected the case. The duty of the nursing staff to protect the residents in this case is limited in many cases to the usual measures of care institutions. In addition, the deposit changes in the shape was designed, as it had desired residents. The observance of human dignity plays an important role in this, say the judges. Until the accident, the man had no walker and no active support of the staff needed. Therefore, there was no need for the employees to carry out further security measures. The costs of treatment must be covered by the health insurance company, where the health insurance is provided. (Sb)

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Picture: Rainer Sturm