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Nursing Home Smoking Injury Lawyers

nursing home smoking injury lawyersSmoking inside or on the grounds of a nursing home is a hot topic, one that has influenced many laws and lawsuits in prior years. While patients that are smokers fight for their rights to continue smoking, others are fighting to have smoking banned altogether in some. Whatever side you land on, everyone can agree that patients need to be protected from smoking accidents and injuries while under the care of a skilled nursing facility.

The elder abuse attorneys at the NHLC are committed to protecting the legal rights of elderly patients who have been injured or killed in smoking incidents. Contact us today for a free review of your legal options for a personal injury or wrongful death claim against a negligent facility.

Smoking Dangers Posed to Patients & Others in the Nursing Facility

There are many unique dangers for smoking in or around nursing facilities. While smoking has its own health risks, the dangers for fires and burns are risks not only to the smoker, but other patients that live in these facilities. It is the responsibility of the home staff members and administration to ensure that allowing smoking on the premises does not cause harm or injury to the patients that are in their care. Common smoking dangers that can result in severe burns to in residents include:

Oxygen tanks. Many residents an oxygen tank, creating a larger risk for explosion or fire if exposed to a flame or burning cigarette.

Second-hand smoke. Facilities must protect their patients from second-hand smoke by creating smoke-free areas and providing proper ventilation when smoking is allowed indoors.

Physical and mental limitations. Nursing home staff need to monitor smoking and fire use, especially with those with mental and physical limitations. Some may not be able to extinguish their cigarettes to prevent fires or burns while others may have disabilities such as dementia that may put themselves and others in danger when allowed access to lighters and matches.

Smoking Injuries in Elderly Residents

Although every state and nursing facility may have different policies when it comes to smoking, there is no federal regulation that prohibits smoking in these facilities. If smoking is allowed on the nursing facility property, then it becomes the responsibility of that facility to prevent injuries to their patients from smoking and fire.

The first concern is protecting the smoker from injuring themselves. Just like any activity in a long-term care facility, there needs to be precautions in place to prevent accidents and injuries. This can be achieved through constant supervision in smoking areas as well as monitoring of lighting devices.

The largest concern is that of fire. The U.S. Fire Administration has identified smoking as the top cause of fire-related deaths in the elderly. If a patient accidentally starts a fire due to not being carefully monitored by the nursing home staff, it can put all the patients in that home at risk of severe burn injuries and even death. Due to the limited mobility of patients, the close quarters and the number of flammable materials within a nursing home, once a fire is started, it can put everyone in the facility in mortal danger.

Nursing Home Abuse Lawyers Helping Patients Injured in Smoking Accidents

To protect all the patients in nursing homes from smoking injuries, there needs to be stringent rules and regulations adhered to within the facility regarding smoking policy. In addition, all smoke detectors and fire extinguishers need to be properly maintained and tested regularly. Nursing home staff and management need to do everything in their power to protect those in their care from becoming victims of a smoking accident.

If your family member suffered serious burn injuries or death in a smoking incident at a nursing home, our nursing home attorneys are interested in discussing the situation with you. Our team has prosecuted smoking accidents in skilled nursing facilities and remains committed to securing the best possible outcome for you. Call use anytime to talk with a lawyer without any cost or obligation to you. (800) 926-7565

Learn more about smoking hazards in nursing homes here:

Client Reviews
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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
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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