A SHERIFF has ruled higher safety standards in a Scots nursing home could have prevented the death of a pensioner who broke her neck falling from a wheelchair.

Mary Devine, 89, was being pushed down a ramp at Greenbank Nursing Home when she tumbled from the chair, fracturing her spine.

The wheelchair-bound great grandmother had been in the process of being taken to her room following dinner when the accident happened in May 2005.

A fatal accident inquiry at Hamilton Sheriff Court heard how the accident led to a wholesale review of care and training at the home in Hamilton, Lanarkshire, which questioned the lack of footplates and posture belts being used at the home.

Mrs Devine died in Wishaw General Hospital nine days after the fall of bronchial pneumonia.

Last night it emerged Sheriff Joyce Powrie had ruled extra precautions while using wheelchairs could have prevented Mrs Devine's tragic death.

And she criticised the home saying that there was a lack of formal training of staff as to the safe transporting of residents.

In a written judgment she said: "On the balance of probabilities, I concluded that a reasonable precaution whereby the death and the accident resulting in the death might have been avoided was primarily the use of appropriately fitted footrests on the wheelchair in which Mrs Devine was being carried.

"This was very clearly confirmed by the three witnesses previously referred to. It was also clear that Miss Cassels, a staff nurse, was also of the view that the accident could have been avoided by the use of footrests."

She added: "I did decide upon the balance of probabilities that a secondary reasonable precaution whereby the death and the accident resulting in the death might have been avoided would have been the fitting and use of a seatbelt or lapbelt restraint in the wheelchair when appropriately fitted footrests to the wheelchair in which Mrs Devine was being carried were used.

"There was clear evidence from Nursing Home management and staff that the moving and handling training of staff prior to Mrs Devine's accident did not include the safe transporting of residents in wheelchairs and the use of footrests and seatbelts or lap restraints."

Last night Ian Wilson, director of the home, said: " Obviously we will look at the determination thoroughly and make sure all lessons that can be learned from it have been learned.

"We take on board the fact that the Sheriff ruled that we appear to have carried out changes since the accident.

"It has been a terrible accident and a terrible shock to the relatives. We deeply regret that it took place."

Mrs Devine's family, sons Thomas, 70, and William, 62, and daughters Margaret, 67, and Barbara, 68, said they hoped that lessons would be learned from their mother's death.

Thomas Devine said: "We will never know the exact reason why my mother came out of the chair. But I hope that there have been lessons learned her death."