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

[Chang, Patti]

Hasn't EFE in Chicago done some work on this?


-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Andrew Webb via BlindLaw
Sent: Monday, April 10, 2017 3:54 PM
To: 'Blind Law Mailing List'
Cc: Andrew Webb
Subject: [blindlaw] Hospital "fall risk" policies for blind/visually impaired patients

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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