Physical and Chemical Restraints in Nursing Homes
- Reviewed By
Anthony C. Lanzone, Founding Partner
- Physical and chemical restraints in nursing homes are illegal and dangerous.
- Improper restraints are responsible for many types of nursing home injuries, including rapid cognitive decline, falls and fractures, and pressure ulcers.
- You can stop improper restraint use and hold the nursing home accountable by reporting the abuse and filing a civil lawsuit against the nursing home.
- We help elderly and dependent adults and their families throughout California protect their loved ones and recover substantial compensation for the harm caused by improper restraints.
Table of Contents:
- Lanzone Morgan, LLP, Can Help Address Improper Use of Restraints in Nursing Homes
- Common Uses and Misuses of Physical and Chemical Restraints in Nursing Homes
- Your Legal Options When Your Loved One Is Being Wrongfully Restrained
- What Damages Can You Recover for Improper Use of Restraints?
- Time Limits to File a California Chemical Restraints Claim
- The Impact of Improper Restraint Use
- Contact Our Attorneys About Physical and Chemical Restraint Misuse in Nursing Homes Today
Physical and chemical restraints in nursing homes rob residents of their quality of life and increase the risk of injuries and health complications. Residents with dementia or other high-maintenance needs are at risk of improper restraint. Perhaps you cannot enjoy a meaningful visit with your loved one because they cannot stay awake. Perhaps your loved one has bed rails that trap them in bed, but the nursing home says they are necessary to prevent falls. If the rails restrict freedom of movement, they may be doing more harm than good.
As one of the leading elder abuse law firms in the US, we can spot illegal chemical and physical restraints in nursing homes. If you suspect your loved one is being improperly restrained, contact us immediately using our contact form or by calling 1 (888) 887-9777 for a free consultation. We can investigate, report the nursing home, and help you get justice and compensation.
Lanzone Morgan, LLP, Can Help Address Improper Use of Restraints in Nursing Homes
We are an experienced law firm dedicated to advocating for elder abuse victims, with a primary focus on nursing home cases. We have over 75 years of combined experience with a proven track record of holding nursing homes accountable. Our attorneys have recovered over $200 million in settlements and verdicts for vulnerable adults and grieving families since 2008.
Our founders have dedicated their careers to advocating for the most vulnerable people in society. James M. Morgan has over 20 years of experience handling elder abuse cases and has never represented large corporations. He is known for making victims and their families feel valued and heard. Anthony C. Lanzone has had a heart for the vulnerable since childhood and considers it his greatest reward to be their voice and advocate.
When you choose Lanzone Morgan, LLP, we do not take that trust lightly. Everyone at our firm will treat you and your loved one with compassion and empathy and fight with passion and perseverance for the justice and compensation your loved one deserves.
Common Uses and Misuses of Physical and Chemical Restraints in Nursing Homes
Using a device or substance to restrict a nursing home resident’s freedom of movement for convenience or disciplinary reasons violates state and federal laws on restraints in nursing homes. The Nursing Home Reform Act of 1987 significantly restricted the use of physical and chemical restraints in nursing homes, but many nursing homes continue to use them for non-medical reasons. Substances and devices that restrict movement are forms of violence that rob nursing home residents of their independence and dignity.
Physical or chemical restraints are only justifiable in extremely limited cases, generally when residents threaten to harm themselves or others with imminent danger. Even in these instances, restraints should only be used briefly. Any form of improper restraint is a form of physical and emotional nursing home abuse.
Physical Restraints in Nursing Homes
Physical restraints include any objects or devices used to prevent nursing home residents from having freedom of movement or access to their bodies. Examples of physical restraints in nursing homes include the following:
- Bed rails
- Wheelchair bars, brakes, and straps
- Limb ties
- Vests, straps, and belts
- Tightly tucked sheets
- Sleeping Suits
- Hand mitts
- Table trays
Nursing homes often defend the use of physical restraints, claiming they protect residents from falls, elopements, and self-destructive behaviors. However, the literature does not support the use of physical restraints. The Journal of Healthcare refers to physical restraints as a form of violence and reports that they increase the risk of injuries and health complications rather than preventing them.
Chemical Restraints in Nursing Homes
Chemical restraints are medications used to control a resident’s behavior, primarily by restricting movement or decision-making capabilities when the medications have no therapeutic purpose. They include antipsychotics, hypnotics, benzodiazepines, and other sedatives. Nursing homes use chemical restraints as a substitute for care and behavior management, often without residents’ consent.
Residents often receive chemical restraints if their needs place higher demands on nursing home staff. For example, if your loved one is persistent about asking for help with daily needs, staff may chemically restrain them so they can ignore their needs without protest. Residents with dementia are among the most likely residents to be improperly restrained, particularly if they have behavioral patterns that challenge staff.
If your loved one seems more confused, drowsy, or less alert than usual, they may be experiencing the effects of chemical restraints. Our experienced California nursing home abuse lawyers can determine whether your loved one has received medication inappropriately. We want to be a voice for the voiceless and advocate for their right to compensation and quality care. Contact us immediately for a free consultation if you suspect your loved one has been improperly restrained.
Your Legal Options When Your Loved One Is Being Wrongfully Restrained
Your loved one has a right to justice and compensation when they have suffered improper physical or chemical restraints for any length of time. You may be able to get justice through a nursing home abuse lawsuit and, in some cases, criminal prosecution of the staff responsible for the restraints. If you suspect your loved one is being wrongfully restrained, you can put a stop to it by reporting the abuse.
Reporting Nursing Home Restraint Abuse
You have multiple options for reporting improper physical or chemical restraint use in a nursing home. If your loved one is in immediate danger because of restraints, call 911.
Report the Abuse to the California Department of Public Health
The California Department of Public Health investigates nursing home abuse complaints. The agency reports the results of its investigations to the Centers for Medicare and Medicaid Services, which publishes these reports on its website. If the department finds evidence of improper restraints, the nursing home could face fines, payment suspension, or loss of licensure.
To report suspected restraint abuse, contact the district office for the county where your loved one’s nursing home is located. If possible, gather documentation about your loved one’s medical conditions and symptoms related to the restraints. Journal any changes you notice in your loved one with dates and provide the information to the department. Be prepared to provide detailed personal information, including your loved one’s name, social security number, date of birth, date of admission, and health insurance information.
You do not need proof to report abuse. A reasonable suspicion is enough. If you do not have evidence, but you have good reason to believe your loved one is illegally being restrained, go ahead and report the abuse. You can explain the reasons for your suspicions and allow the department to find the evidence.
Involve the Long-Term Care Ombudsman
California’s Long-Term Care Ombudsman advocates for nursing home residents by addressing complaints about quality of care and life. Representatives can visit your loved one and investigate suspected abuse. The ombudsman must respect your loved one’s wishes or your wishes if your loved one is incapacitated. Thus, it is possible to involve the ombudsman without the nursing home knowing your family or loved one requested services. However, long-term care ombudsman representatives are mandatory reporters, meaning they must report suspected nursing home abuse, including wrongful restraints.
Every nursing home must post your local ombudsman’s information in a prominent public area. You can also call the State Long-Term Care Ombudsman CRISISline at 1 (800) 231-4024.
Contact Our Experienced Nursing Home Abuse Attorneys
We can investigate the abuse, coordinate with the Long-Term Care Ombudsman, and report wrongful restraints to the California Department of Public Health on your behalf. We can also help you file a lawsuit and start the path to justice. Call us today at 1 (888) 887-9777 to get started.
What Damages Can You Recover for Improper Use of Restraints?
Your loved one might be entitled to substantial compensation for unlawful restraint abuse, including economic, non-economic, and punitive damages. Economic damages compensate for monetary losses, while non-economic damages cover more subjective impacts on the victim’s life. Punitive damages are awarded as a punishment against nursing homes for causing harm through deliberate or grossly negligent conduct.
Examples of economic and non-economic damages for improper use of chemical and physical restraints in nursing homes include the following:
- Medical bills
- Your lost wages related to protecting your loved one
- The cost of transferring to a new facility
- Pain and suffering
- Emotional distress
- Humiliation
- Loss of bodily functions
- Loss of enjoyment of life
If your loved one has died due to wrongful restraint use, you may be entitled to recover economic, non-economic, and punitive damages in a wrongful death lawsuit, such as funeral expenses, loss of companionship, grief, and mental suffering.
We are dedicated to recovering the maximum compensation available. The most important factors influencing the amount you and your loved one recover include the severity of the injuries, your loved one’s medical expenses, whether the injuries are permanent, and the skill of your nursing home abuse lawyer.
Time Limits to File a California Chemical Restraints Claim
The statute of limitations for nursing home abuse cases in California varies. The personal injury statute of limitations is generally two years from the date of the incident. However, if a case involves professional negligence by health care providers, the medical malpractice statute of limitations may apply. That law generally requires medical malpractice claims to be filed within three years of the incident or one year after the injury is discovered, whichever comes first. Many other factors can impact the statute of limitations, so it is important to allow an attorney to review your case as soon as possible.
Before filing your lawsuit, your attorney must investigate, gather evidence, calculate your case value, and build a case against the nursing home. These processes take time, so it is crucial to contact an experienced nursing home restraint lawyer as soon as possible. Since nursing home abuse is all we do, we know how nursing homes operate and how to navigate the legal system in California. We can investigate your case efficiently and thoroughly while still filing your case on time.
The Impact of Improper Restraint Use
Chemical and physical restraints take a strong physical, mental, and emotional toll on nursing home residents. They can cause extreme emotional distress and increased dependence on staff performing daily activities. Restrained residents generally have shorter life expectancies, higher risks of anxiety and depression, and faster rates of cognitive decline.
The Effects of Physical Restraints
Residents subjected to physical restraints experience a loss of dignity, reduced quality of life, and heightened risks of the following:
- Bed sores
- Respiratory distress
- Incontinence
- Malnutrition
- Loss of independence
- Reduced mobility
- Loss of muscle tone
- Impaired balance, which increases fall risk
- Loss of cardiovascular strength
- Deep vein thrombosis
- Cognitive decline
The Effects of Chemical Restraints
Chemical restraints can cause your loved one to sleep excessively and remain in a confused state throughout the day. They may result in the following short-term and long-term effects:
- Memory loss
- Increased agitation
- Orthostatic hypotension
- Muscle disorders
- Low blood pressure
- Increased risk of falls
Antipsychotic drugs are common chemical restraints in nursing home residents with dementia. These drugs increase the risk of death in older adults with dementia by up to 1.7 times, according to the FDA. They can also lead to increased cognitive impairment, falls and fractures, reduced mobility, blood clots, stroke, and swelling in residents with dementia.
We have helped numerous families get justice for improper restraints in nursing homes and have seen firsthand the serious and long-term harm they cause. We understand how devastating it is to watch your loved one’s well-being decline in a facility that’s supposed to prioritize their quality of life. We are dedicated to helping you recover the maximum compensation available and protecting your loved one from further harm.
Recognizing the Signs of Restraint Misuse
Your loved one may be experiencing physical or chemical restraints if you notice the following signs and symptoms, particularly if they are new and unusual for your loved one:
- Unexplained sedation, drowsiness, or fatigue
- Rapid cognitive decline
- Confusion
- Agitation
- Unexplained injuries
- Rapid loss of muscle tone
- Overall physical decline
- Unexplained changes in your loved one’s personality
- Bedsores
- Medications that seem inappropriate for your loved one’s conditions
- Refusal by the nursing home to explain the rationale for a medication
- Unexplained weight loss, malnutrition, or dehydration
- Inability to get out of bed because of rails, straps, or tight sheets
- Inability to get out of a wheelchair because of a lap belt or safety bars
- Hand mitts or vests meant to restrain your loved one
- Any other observable device meant to prevent movement or access to the body
Questions To Ask If You Suspect Your Loved One Is Being Improperly Restrained
Ask the nursing home for a list of your loved one’s medications and the reason for each. If you identify suspicious medications, ask which doctor prescribed them and how they are medically necessary. In some cases, the nursing home may have left medications off the list. Ask the staff to explain what changed to cause these new symptoms.
Your loved one has a right to request a copy of their medical records. You can make this request on their behalf if they are incapacitated and you have a medical power of attorney.
If you see a physical restraint on your loved one, demand that it be removed and request a copy of your loved one’s care plan. If the care plan does not include a safe and dignified alternative to restraint, request an updated care plan. Your loved one has a right to participate in care planning, and as power of attorney, you can participate on their behalf if they are incapacitated.
It may take reporting the abuse to find the truth. We know the signs of improper restraints in nursing homes. We can investigate, expose the truth, and get justice.
Contact Our Attorneys About Physical and Chemical Restraint Misuse in Nursing Homes Today
We are passionate advocates for elder abuse victims with over 75 years of combined experience and over $200 million in compensation recovered for elderly and dependent adult victims of abuse and neglect. Nursing homes are large corporations that often fight injured accident victims and make it difficult to uncover the truth about overmedication and wrongful physical restraints.
However, you do not have to fight the battle alone. When you choose Lanzone Morgan, LLP, we will be your advocates. We will investigate the nursing home, hold it accountable, and provide you and your family with emotional assistance and compassionate legal support. We handle cases across the entire state of California. We charge no upfront fees, and you pay nothing unless we win.
If you or your loved one has suffered injuries because of physical and chemical restraints in nursing homes, contact us immediately on our easy contact form or by calling 1 (888) 887-9777.
- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.
VIEW SOURCES
- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.