Is the nurse liable for a patient fall that occurs without his/her presence?

[tintable]

We'll be having a debate on the said topic on tuesday and I'm hoping that you'll share with me your insights. thanks!

[Les]

That's a pretty general question which doesn't provide details.

AFAIK, there are certain minimum things that a nurse should ensure, e.g. checking if the bed guard rails are up. If for example the patient was transferred (necessitating the guard rails be slid down) and the nurse forgot to put them back up, then logic would dictate that the nurse is liable for negligence. However, if the patient him/herself slid the rails down or even climbed over them, then the patient is responsible for creating the accident him/herself.