Nursing Home Residents and Smoking Policies

Posted by PKSD Law Firm on Aug 07, 2015 in Nursing Home Abuse

cigarette dangers and nursing home neglectBurn injuries from smoking can and do happen in nursing homes.  Sometimes these unfortunate accidents can be severe, and have even led to wrongful death cases

Burn injuries are also often the result of nursing home negligence. They can also happen if a nursing home resident is not adequately supervised while smoking.  This is often the case if a disabled or physically impaired resident is not appropriately supervised. Our lawyers want to support your personal injury claim by filing a lawsuit on your behalf. Contact us today for a free evaluation. We are passionate in getting you the compensation and closure you deserve.

If you or a loved one has been injured due to a smoking incident at a nursing home, contact PKSD Law Firm to discuss how we can support you today. We have recovered MILLIONS of dollars in compensation for clients who have been personally injured due to negligence. 

To speak with a representative, call 877-877-2228.

Smoking Rights and Responsibilities

Currently, it is a violation to ban nursing home residents from smoking. Under the Nursing Home Reform Act, patients have the right to dignity and are entitled to protection of their personal belongings. 

  • This means if a patient wants to smoke, they have a right to smoke. 
  • A place must be provided to smoke, even if smoking is banned on the premises. 
  • This also means that it is a violation for cigarettes to be taken away from these residents.

However, non-smoking residents also have the right to dignity and protection from second-hand smoke. As a result, requiring smoking to take place in a common area is appropriate.

Cigarettes & Burn Injuries

Typically, burn injuries happen when a smoking resident is lighting a cigarette or if he or she accidentally drops a cigarette.  If the flame causes a material to catch on fire, the smoker or a nearby non-smoking resident can get injured. In the event that your loved one is injured in a smoking related incident while in the care of a nursing home, contact a Milwaukee personal injury lawyer at PKSD for your free case review. Ph: 877-877-2228.

Back to top