When Assisted Living Patient Sustains Smoking-Related Burns, Is Anyone To Blame?

smoker.jpgSmoking-related injuries in nursing homes and assisted living facilities remain a consistent threat to the safety of both smokers and non-smokers at these facilities.

Every year, hundreds of residents and employees at these facilities sustain serious burn injuries due to mishaps with smoking materials and fires started when by smokers carelessness.

I was startled by a recent report of a smoking-related fire at an Arizona Assisted Living Facility that was apparently started by a patient who was smoking in his room in close proximity to his oxygen tank.  Not surprisingly, the man sustained serious burns that will require extended hospital treatment.

Though the fire spread to his bedspread and room, the sprinklers in the building extinguished the fire before it spread to other patients rooms or caused an other injury.  In the course of the fire department’s investigation, they discovered “a great deal of lighters, matches, and cigarettes” in the man’s bed.

Assisted living facilities and nursing homes must balance a fine line between giving patients freedom to smoke and protecting the individual from harming themselves and others.  Having litigated a number of smoking burn injury cases involving these facilities, I frequently find facilities providing inadequate supervision for patients.  Even at facilities where smoking policies seem relatively strict, I find the policies poorly enforced.

At the very least, facilities should be aware of their patients who smoke and have clearly written policies to protect patients including:

  • Providing smoking areas for patients
  • Making ashtray and smoking aprons freely available
  • Keeping all smoking materials away from patient rooms
  • Ensuring that all oxygen canisters and other flammable materials are removed while smoking

Learn more about the laws applicable to Arizona nursing homes here.
Click on the links for information on nursing homes in Phoenix, Tucson and Peoria

Related Nursing Homes Abuse Blog Entries:

Smoking-Related Fires Are A Real Threat To Nursing Home Patients. Is It Time To Put Out The Fire?

Burns In The Nursing Home Population Pose A Serious Threat Of Injury & Further Medical Complications

Nursing Home Patient Suffers “Life threatening Injuries” In Smoking Incident

Cigarette Lighter Mishap Results In Severe Burns To Nursing Home Patient

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric