No 106/2005
Federal Court for the duty of the institution of a nursing home, physical integrity the residents to protect
The III. Civil Division of the Federal Court has decided the following case: The plaintiff
health insurance fund Saxony made against the defendant institution of a nursing home a power-law (§ 116 SGB X) subrogated damages of a claim in an accident severely injured home resident. The victim was born in 1915 lived since March 1997 in the home of the defendant. She received the mandatory insurance benefits for the care level II in January and February 2000, she was on night duty found the home three times after a fall in her room. These falls were no obvious consequences. The offer of the nursing staff, while pull up the night the bed barriers, she refused. Although she made frequent use of the option, to operate in their room located bell for assistance. She was, however, forced some things - to take care of themselves - such as the toilet. To compensate for the risk due to getting up at night, provided the nurses a commode to the bed of the resident and let the light in the bathroom. On 9 March 2000, the resident suffered a fall from 22.30 clock including fractures of the cervical vertebrae C1/C2 with paralysis of all four extremities. She was until her death on 7 June 2000 in hospital. The applicant was the View, the staff of the defendant would have to avoid the fall. Possible measures of preventing falls are next to a sensor monitoring a mattress, a light barrier system, adjustment of the bed, changes in flooring or Hüftschutzhosen come into consideration. If necessary, the nursing staff should have taken some decisions against the will of the victim. The defendant has defended itself substantially so, the victim refused the offered Raising bed bars, by the situation that occurred in 2000 advised doctors have changed the medication and no further action deemed necessary.
The district court has to pay from around 86,000 €-looking application is rejected, the appellate court has declared it on the merits justified. III. Civil Division of the Federal Court has already Judgement 28th April 2005 (III ZR 399/04, see the Press Office Communication No 68/2005) decided to meet the support of a nursing home - limited to the usual measures in nursing homes, which with a reasonable financial and human costs were realized - a duty of care to protect the physical integrity of his care home residents, their dignity and independence are respected. In the present case, the III. Civil Division, the Appeals Judgement, and the case for a new trial and decision remanded to the Court of Appeal. He has in the recent findings of the court saw no reasonable basis for a claim against the carrier of the home, the resident was the fall hazard can not be discussed intensively enough and not urgent - it - with the involvement of a physician, the nursing home management, nephew or other trusted third parties been encouraged to grant the consent for pulling out of bed bars at night time, and the guardianship court had to be taught in a failure of these efforts on the situation. The appellate court must therefore examine in further proceedings if the defendant home carrier has violated obligations result from the generally recognized state medical and nursing knowledge.
Case of 14 July 2005 - III ZR 391/04 -
LG Dresden - 14 O 3013/03 /.. OLG Dresden, 7 U 753/04
Karlsruhe, 14 July 2005
press office of the Federal Court 76 125 Karlsruhe
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