An elderly woman in a wheelchair sits alone in a room


Paul Benson Sept. 7, 2021

Nursing home staff are held to high standards concerning the welfare of residents of the care facility. Residents who are bedridden, paralyzed, disabled, or incapacitated, often require help getting from one place to another. Often, Hoyer lifts are used in nursing homes to help residents overcome such mobility challenges. Unfortunately, transferring patients improperly using the Hoyer lift may result in accidents and injuries, including hematomas, fractures, traumatic brain injury, and other serious injuries.

If your loved one was injured in a nursing home due to using a Hoyer lift, you may be entitled to pursue damages. At Paul Benson Law Firm, I have the experience and resources to assist and guide clients in nursing home neglect and abuse matters. As a knowledgeable Wisconsin personal injury attorney, I can fight diligently to protect your loved one's rights and help seek deserved compensation for their injuries and any additional pain and suffering they had to endure. My firm proudly serves clients in Janesville, Beloit, and Rock County, Wisconsin.

What Is a Hoyer Lift?

A Hoyer lift is a mobility tool designed to help people living with disabilities, bedridden, or having mobility issues move from one place to another safely with the help of caregivers or nursing home staff. Hoyer lifts can also be used to lift patients from the floor or onto a healthcare bed. The resident/patient will be suspended in the air in a sling while being moved using the Hoyer lift.

Common Causes of Injury with a Hoyer Lift

According to the Centers for Disease Control and Prevention (CDC), about 35% of nursing home fall injuries occur in patients who cannot walk. Among those may be residents who were moved using a Hoyer lift that resulted in a fall. Some common causes of injury with Hoyer lifts include:

  • Improper use of equipment (Hoyer lift)

  • Improper placement of the sling and strap 

  • Improperly seating or assembling the Hoyer lift 

  • Inadequate training of staff members on how to use the Hoyer lift 

Liability for Injury

Generally, when a Hoyer lift accident occurs, the liability is with the nursing home. The care facility is required to ensure that:

  • Nursing staff are trained properly on how to use the Hoyer lift

  • The Hoyer lift is operated by two people when necessary

  • The straps are properly washed and stored safely

  • Worn-out straps are replaced as soon as possible

However, if the Hoyer lift accident occurred due to a faulty component, including sling, swivel bar, or malfunctioning lift controls, the product manufacturer may be held liable for injuries. Regardless, an experienced attorney can evaluate the surrounding facts and determine how best to recover damages.

Recoverable Damages

The following damages may be recovered by filing an injury claim:

  • Medical expenses, including hospital bills and prescription medication

  • Physical therapy

  • Pain and suffering

  • Mental anguish

  • Loss of enjoyment of life

  • Home care or skilled nursing care at another facility

The Paul Benson Law Firm: Experience You Can Trust

Seniors who have been victimized by nursing home neglect and abuse are entitled to recover damages for their injuries. However, proving negligence and seeking fair compensation in nursing home cases involving Hoyer lift accidents can be very complicated. Therefore, if you're considering suing the nursing home for injuries from Hoyer lifts, it is important that you hire an experienced personal injury attorney to protect your loved one's rights and for proper guidance.

At The Paul Benson Law Firm, I have devoted my career to offering experienced legal services and handling nursing home neglect and elder abuse cases. As your legal counsel, I will:

  • Fight compassionately to protect your loved one's best interests and work to hold the responsible party liable

  • Review every last detail of your case and conduct an in-depth investigation

  • Explain your available options to seek damages

  • Help prove fault, establish negligence, and estimate case-value

  • Help negotiate a fair settlement with the insurance provider

  • Take further legal action by filing a personal injury lawsuit, if required

Contact my firm – The Paul Benson Law Firm – today to schedule a simple case assessment with an experienced nursing home neglect attorney. I will fight compassionately on your side to protect your loved one's legal rights and work meticulously to seek rightful compensation for their injuries. My firm proudly represents clients across Janesville, Beloit, and Rock County, Wisconsin.