Understanding Physical Restraints in Nursing Homes
When elderly individuals need consistent medical care or attention, they often move into nursing homes. A nursing home is supposed to be a safe place for residents to live comfortable lives with access to the treatment they need. Unfortunately, nursing home staff sometimes take extreme measures to control elderly patients, especially if there are unpredictable behaviors.
Physical restraint methods should only be used in permitted circumstances, which do not include convenience for the staff or punishment for the patient. If your loved ones was wrongfully subjected to physical or chemical restraints in a nursing home, call us now to discuss your legal rights with a skilled nursing home abuse lawyer.
Types of Physical Restraints
Physical restraints are any means of restricting a person’s freedom of movement. These include:
- Vests and belts that secure a person to a chair or bed
- Bed rails that prevent falling but also limit mobility
- Wrist or ankle restraints
- Lap trays that the resident cannot remove
- Medications used primarily to control behavior
If a tool or medication is employed to subdue the patient, alter their behavior, or limit their movement, it is considered a physical restraint.
The Dangers and Risks of Physical Restraints
Physical restraints can be dangerous. If the person continues to struggle, they could get severely injured. Other side effects of improper restraint can include falls, decreased mobility, emotional distress, and loss of dignity. Physical restraint can have both a physical and a psychological impact on the patient. This is why strict guidelines at the state and federal levels determine how to use restraining methods properly.
Legal and Ethical Considerations Surrounding Restraint Use
Nursing home residents have a right to safety and dignity and freedom from unnecessary restrictions. That means nursing staff must treat them respectfully and uphold professional standards of care. Federal regulations dictate that physical restraints can only be used to treat a patient’s medical condition or if they present a danger to themselves or others. Restraining for the sake of convenience or punishment is illegal. The law requires regular assessments and proper documentation for any restraint use.
Furthermore, the use of physical restraints requires explicit permission from the individual or their legal representative. Nursing home staff are instructed to use the least restrictive intervention when dealing with uncontrollable or aggressive behavior.
When Physical Restraint Use Crosses the Line into Abuse
Restraining elderly residents in a nursing home setting can quickly cross the line into abusive behavior. Unless the method is required to treat their condition or they are dangerous, it is likely illegal. Here are a few examples of physical restraint practices constituting abuse.
Unnecessary or Excessive Use of Restraints
There are situations where a patient needs to be physically restrained. However, these methods should only be used as a last resort. Other de-escalation strategies should occur first before relying on physical force.
Restraints that remain in place beyond the period of medical necessity or used for staff convenience are problematic. For example, using arm restraints to control a patient who is simply uncooperative is excessive because they are not being violent, and it is not a medical decision. This action could cause harm to the patient as it is abusive.
Improper Application or Monitoring of Restraints
Physical restraints must be used properly. If the restraints are not properly applied, the health and safety of that person could also be at risk. Incorrect placement can cause circulation problems, skin injuries, or breathing difficulties.
Since a person could experience serious injuries while restrained, their situation must constantly be monitored. Insufficient monitoring may lead to prolonged discomfort, increased fall risk if residents attempt to free themselves, or failure to recognize medical emergencies.
Failure to Obtain Informed Consent
According to federal laws, physical restraints are permitted if the patient or their legal representative has given informed consent. This must be done ahead of time when preparing an individual’s treatment plan. If staff use restraints on a patient without informed consent, it violates the patient’s rights.
The Rights of Nursing Home Residents
Nursing home residents have certain rights under federal and state laws. If these rights are violated by staff, administrators, or other residents, there could be cause for a lawsuit. Here are a few rights that nursing home patients and their family members should know.
The Right to be Free from Unnecessary Restraints
People living in nursing homes have the right not to be physically or chemically restrained. Exceptions are only made if the restraint is required to treat the patient’s medical symptoms or if the patient presents a danger to themselves or others. If an individual is physically restrained as a method of discipline or to make life easier for the staff, this violates the resident’s rights.
The Right to Dignity and Self-Determination
Whether a patient has mental health issues or not, they have the right to dignity and self-determination. The use of physical restraints to restrict movement is undignified and compromises individual autonomy. In nursing homes, elderly residents or their legal representatives must give permission for restraint use to maintain respect for their rights and decision-making capacity.
The Right to Receive Quality Care
Patients in psychiatric hospitals, primary care clinics, nursing homes, and other healthcare firms all have the right to receive quality care. The use of restraints can cause further injury, depression, bed sores, and other psychological issues, all of which undermine the care plan for a patient. Nursing homes that engage in the use of physical restraints often do not uphold the standard of care that patients deserve. It could also be a sign of staffing issues.
How a Nursing Home Abuse Lawyer Can Help
Nursing home residents and their family members have the right to hold facilities and staff members accountable for the improper use of physical restraint if it causes legal damages like additional medical bills, physical pain, emotional suffering, or loss of quality of life. A nursing home abuse lawyer can help you during the claims process to increase your chances of fair compensation.
Investigating and Gathering Evidence
An experienced lawyer will investigate your case and gather evidence. Information supporting claims from restrained patients includes medical records, witness statements, and expert consultations. This legal professional will research to strengthen your case.
Holding the Nursing Home Accountable
A healthcare practice that violates the safety of patients must be held accountable. Your lawyer will help you pursue legal action against the negligent nursing home or staff member to ensure they are held responsible for the harm caused. This process not only secures justice and maximum compensation for the affected resident but also helps prevent future incidents by holding facilities to high standards of care.
Protecting Residents’ Rights and Preventing Future Abuse
One of the benefits of a lawsuit for the use of restraints is preventing future abuse by advocating for systemic changes as part of the settlement. If a nursing home has violated resident rights by using physical restraints, the right law firm can ensure this won’t happen to others in the future. A skilled nursing home abuse lawyer will push for improved staff training, stricter regulation enforcement, and new protective policies.
Recognizing Signs of Physical Restraint Abuse
Often, we worry about loved ones who live in a nursing home. Perhaps they are suffering from mental health problems, and you suspect abuse may be occurring. Here are some signs you can look for that may indicate physical restraints are being used.
Physical Injuries and Marks
Although restraints are sometimes considered medical devices, they often leave behind physical damage to the patient’s body. If you notice unexplained bruises or abrasions, especially on their wrists or ankles, this could be evidence of hook and loop fasteners or other restraining tools. Pressure sores could also indicate that your family member has been restrained for long periods.
Psychological and Emotional Distress
Mental health challenges are common when a victim is suffering from abuse. Often, elderly victims are unable to articulate what is happening to them. Instead, you may notice signs of anxiety, depression, withdrawal, or agitation, all of which are behavioral responses to abuse.
Unexplained Changes in Behavior or Mobility
Unexplained changes to the person’s behavior or mobility could be the result of restraint violations. If your loved one is suddenly on edge or cannot move certain parts of their body without experiencing pain, this might be an indication of abuse through physical restraint.
Taking Action Against Physical Restraint Abuse
As soon as you experience improper restraining methods or you suspect your loved one may be facing this issue, it is essential to take action immediately. The sooner you take these steps, the easier it will be to rectify the situation and hold the nursing home accountable.
Reporting Suspected Abuse
Vulnerable residents may not advocate for themselves if they are being abused. If you have been abused or know that your family member is suffering in a nursing home, you must report the abuse to the appropriate authorities. Waiting for the issue to go away could put the patient at a much greater risk of physical and psychological harm.
Consulting with a Nursing Home Abuse Lawyer
If you think your loved one has suffered from physical restraint abuse, you should seek legal counsel. Speaking with an experienced lawyer will help you understand resident rights and what legal actions are possible if abuse has occurred. If necessary, you can file a lawsuit with the help of a nursing home abuse attorney.
Contact a Nursing Home Lawyer
The Nursing Home Law Center team has vast experience with lawsuits involving physical restraints. Our team knows how to build a strong case and gather compelling evidence to support your claim. We will pursue all legal damages to reach a fair settlement for you or your loved one in a nursing home.
Contact us today to receive a free consultation. During this conversation, you can ask all your questions to determine the best path forward for your claim.