Facility Compensation and Welfare Enterprise Liability Insurance
Our firm has a great deal of experience representing care providers and advising non-life insurance companies regarding accidents at nursing care facilities, and we have provided appropriate solutions at early stages of the dispute on multiple occasions. We also hold workshops with care providers to confirm and study legal precedent concerning cases that have occurred in nursing care facilities. Furthermore, we continuously seek to understand the nursing care practices of nursing care providers, and have established systems for responding promptly to all cases, from preventive legal affairs to responses in the event of accidents at nursing care facilities.
In recent years, with the aging of society, consumers have a choice of nursing care facilities, including fee-based nursing homes and serviced residences for the elderly, depending on the level of nursing care required and the medical care system. The number of such facilities is also increasing. There is a high risk of accidents in nursing homes, including falls by the elderly, accidental swallowing and ingestion, accidents during nursing care, and mistakes in the delivery of medication. In addition, because the victims of accidents at nursing homes are elderly, there is a tendency for the resulting damage to become more serious, such as death or severe residual disability. Nursing care facilities must therefore strive toward proper safety management and establish systems that will enable them to respond promptly in the event of an accident.
In a dispute concerning an accident at a nursing care facility, the status of the victim (health condition, past accident history, etc.), the human factors of the care provider (human resources and management systems), and the circumstances such as the response after the accident must be appropriately confirmed, and, if the case proceeds to trial, predictions must be made of the likely decisions regarding the cause of liability and damages.
Major matters and achievements
- Represented the nursing care provider in a case where a person jumped from the veranda of a long-term care facility (resulting in death )
- Represented the nursing care provider in a case of a fall in a long-term care facility
- Represented the nursing care provider in a case of an accident while adjusting the care recipient’s position in bed at a nursing home