[blindlaw] Hospital "fall risk" policies for blind/visually impaired patients

[Andrew Webb]

Hello,

 

Has anyone here had experience addressing (from the legal standpoint) a
hospital's policy requiring that a blind patient be automatically classified
as a fall risk upon admission?  Client is legally blind, generally healthy,
exercises vigorously, and has excellent travel and cane skills. Client was
recently admitted to hospital for observation, and was required to wear a
bright yellow bracelet labled "fall risk" throughout the stay. Client was
forbidden from standing up from bed without a nurse present, and even
required to have a nurse present in the bathroom when client went to
relieve, etc. (Nurse was partitioned only by a hanging plastic sheet within
the bathroom, in order to afford client some "privacy." Client describes the
experience as similar to a dog relieving while being watched by the master.
Client protested the policy throughout the stay, but nurss and hospital
administrators were absolutely inflexible. There was no other basis
(medications, other conditions, etc.) on which to classify client as a fall
risk, and hospital cited no basis other than blindness for the
classification.

 

 

I have yet to dig into the case law, or visit the DOJ website in search of
relevant consent decrees, etc.  Just wondered if anybody had any direct
experience here, could offer any comments or relevant resources/authorities.

 

Thanks,

Andrew

 



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