Abstract
Problems in nursing homes, which have become the focus of public attention in recent years, increasingly require German courts to deal with nursing home-specific circumstances. Frequently these cases concern liability for falls or inadequate measures to prevent falls or decubitus ulcers (bedsore), the permissibility of restraints such as bed rails, belts and so forth, as well as the refusal to terminate life-extending treatment by the nursing home operator. Issues relating to the extent of the nursing home operator's duties of protection and the duty of care owed by him--taking account of the basic rights of the nursing home resident--as well as issues relating to the burden of proof play a central role in liability cases. In cases relating to the termination of treatment, the nursing home operator generally refuses to stop treatment providing a series of "standard arguments". The present paper presents the state-of-the-art of the still developing pertinent case law.
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