Massachusetts attorneys, Bernard J. Hamill, Quincy


Hoyer Lifts are mechanical devices used by nujrsing homes' staff to lift or transport residents from bed to chair etc who can't transfer themselves. A strap is attached to a bar and a sling holds the resident in place for the transfer. Two aides are typically required to operate the Hoyer. Human error more than any mechanical defect causes most "drops" of residents. All equipment is required to be maintained by the facility in good working order by Massachusetts safety regulations.

Our office represents several victims of Hoyer lift falls and related accidents. We currently represent the family of John S., a 72 year old gentleman who was a resident at Sweet Brook of Williamstown Rehab of Williamstown, Massachusetts. Suit was filed in January 2012 for his wrongful death that was Hoyer Lift related. We also represent the family of a wrongful death victim, John M. at "Eagle Pond" nursing home, a Cape Cod Kindred facility. A lawsuit is pending in Barnstable County, Massachusetts.

§483.25(h) Accidents. (FTAG 323)
The facility must ensure that –
(1) The resident environment remains as free from accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

The intent of this requirement is to ensure the facility provides an environment that is free from accident hazards over which the facility has control and provides supervision and assistive devices to each resident to prevent avoidable accidents. This includes:
• Identifying hazard(s) and risk(s);
• Evaluating and analyzing hazard(s) and risk(s);

By Federal Law, all nursing homes must ensure that the resident environment remains as free of accident hazards as is possible; and each resident receives adequate supervision and assistance devices to prevent accidents. (F323)

Hamill Law Offices represent victims of all nursing home injuries and deaths including Hoyer Lift falls.

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