Chicago Nursing Home Unreasonable Restraint Lawyer

Holding Nursing Homes Accountable for Restraint-Related Harm

Nursing home residents retain their rights even when entering long-term care facilities and cannot be restrained outside of medical necessity. 

Unreasonable restraint is a serious form of nursing home abuse that can result in severe physical and emotional harm. Families have the legal right to take action and seek justice when a loved one is subjected to unlawful restraint in a nursing home setting.

Nursing Home Abuse Settlements Near Cook County

Our settlements show that nursing homes can be held responsible for abuse. Victims have the chance to receive compensation for their suffering.

• Confidential Eight-Figure Settlement – Achieved for a physically disabled woman who was sexually assaulted by a maintenance worker at a nursing home.
• $1,250,000 – Settled for a family after their loved one tragically choked in a nursing home, the result of staff negligence, with the case resolved before going to court.
• $610,000 – Awarded to a nursing home resident who sustained serious injuries after being dropped by staff due to improper use of the Hoyer lift during a transfer.

If a loved one has been harmed in a nursing home, it’s important to seek legal guidance immediately to explore your options.

Understanding Unreasonable Restraint in Nursing Homes

Unreasonable restraint can take many forms. It includes physical injuries like bruises, bedsores, or muscle deterioration caused by prolonged use of restraints. Restraints may also be used for the convenience of staff rather than for the safety of the residents. Physical restraints may involve arm and leg straps, lap trays, tightly tucked sheets, and guardrails, 

In some cases, nursing home staff unlawfully sedate or immobilize residents with medication, also referred to as chemical restraints. These can include sedatives, tranquillizers, or excessive medication. 

Restraining nursing home patients from moving, speaking, or accessing food, water, or medical care is another example of abuse. Psychological restraints may involve threats, intimidation, or coercion that prevent freedom of movement or communication. Prolonged use of restraints beyond the medical need is also considered abuse.

How Unreasonable Restraints Violate the Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act (210 ILCS 45) protects residents from unjustified physical or chemical restraints. It prohibits the use of restraints as punishment, discipline, or for staff convenience. The Act also forbids any abuse that results in physical, emotional, or psychological harm to nursing home patients, all of which unreasonable restraints can cause.

Other legal protections for nursing home residents against unreasonable restraints include:

• Nursing Home Reform Act (Omnibus Budget Reconciliation Act of 1987): Limits the use of restraints to specific, medically necessary situations and mandates that restraints only be used when required for the resident’s safety or to prevent harm to others.
• Americans with Disabilities Act (ADA): Ensures that residents with disabilities are not subjected to unnecessary restraint and advocates for the provision of appropriate care in a dignified manner.
• U.S. Department of Health and Human Services (HHS) Guidelines: Provides standards for appropriate care in nursing homes, emphasizing resident dignity, autonomy, and the prevention of unreasonable restraints.

Physical and Psychological Effects of Unreasonable Restraints

Physical injuries resulting from unreasonable restraint can include bedsores, bruising, ulcers, or broken bones. Decreased muscle tone, coordination issues, or a loss of mobility can also occur. In some cases, improper restraint may cause breathing difficulties or choking.

The emotional and psychological trauma of restraint abuse can be equally damaging, leading to depression, anxiety, or post-traumatic stress disorder (PTSD). Fear, social withdrawal, and personality changes are common. Many elderly patients also suffer a loss of dignity, significantly reducing their quality of life.

If you suspect your loved one needs help, contact an attorney in Cook County or the Chicago area.

Filing a Lawsuit If Your Loved One Has Been Unreasonably Restrained in Chicago 

If you suspect unreasonable restraint in a nursing home, it is essential to take immediate action. Document any physical injuries or behavioral changes observed in your loved one. Request medical records and nursing home reports to gather evidence. 

You should also file a formal complaint with the Illinois Department of Public Health. Speaking with an experienced lawyer in Cook County or the Chicago area can help you understand your legal options.

Compensation in these cases may cover medical expenses for restraint-related injuries and pain as well as emotional and mental suffering. Unreasonable restraint settlements can also include punitive damages for particularly egregious conduct by the nursing facility.

How Our Legal Team Can Help You Seek Justice

Our legal team will thoroughly investigate the circumstances surrounding restraint abuse and gather the evidence needed to prove your case. We will hold the nursing home accountable for violating the rights of your loved one and work with medical experts to establish that unnecessary restraint caused harm. 

Our goal is to negotiate fair settlements or take your case to trial to secure full compensation for the damages suffered by your family member.

Contact Our Law Firm for a Free Consultation

Immediate legal action is vital to stopping restraint abuse and protecting your loved one. Our experienced Chicago-based nursing home abuse lawyers are here to help you understand your legal options and take the necessary steps to hold negligent facilities accountable. Call us today for a free consultation, and let us help protect your loved one’s well-being and get them justice.

Call (800) 926-7565 or fill out our online form.