Restraints (Physical/Chemical)
Nursing Home Restraint Injury Lawyer
Arizona Nursing Home Neglect Attorney
Caring for nursing home patients can be challenging. They may have dementia or Alzheimer's. Their health may be fragile and their balance untrustworthy. They may be frustrated by not having the agility they once had. The nursing home needs to provide adequate supervision and physical safety to all residents.
Studies have shown that use of restraints make elderly residents more agitated leading to increased risk of injury while attempting to escape from these devices. All too often, nursing homes find it easier to place an Alzheimer’s patient, or a patient with senile dementia, in restraints because it confines them in one place and the staff does not have to watch them closely. However, when those restraints infringe on a resident's emotional dignity, are placed without a doctor’s order, or when they cause physical harm or wrongful death, talk to an experienced nursing home neglect lawyer at Knapp & Roberts.
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- Physical restraints — chest vests, wrist restraints, and ankle restraints may cause an agitated patient to get caught in the restraints and asphyxiate or strangle.
- Chemical restraints — tranquilizers or other medications given in large doses can lull patients into a near-unconscious state. The staff can then ignore the patient, but the patient has no quality of life.
- Alarms can be an effective restraint, but only if the staff immediately responds to alarms. An alarm can indicate a door opening or a patient leaving a bed or chair. If the staff responds, injury can be prevented.
The minimum standard of care to which nursing homes are required to follow is set forth in the Nursing Home Reform Act. (NHRA). The NHRA calls for severe reduction in the use of all types of restraints. In fact, the new federal regulations also provide for a nursing home “Bill of Rights”. See, 42 C.F.R.483.10. In order to utilize restraints, an interdisciplinary assessment of the resident is required. A physician is required to participate in the plan of care. See, 42 U.S.C.483.13 (A).
If you fear your loved one is being physically restrained or restrained by drugs, know that your loved one has rights. The 1987 Nursing Home Reform Act ensures that "residents of nursing homes receive quality care that will result in their achieving or maintaining their 'highest practicable' physical, mental, and psychosocial well-being," according to the AARP.
If you have questions or fears about physical or chemical restraints, contact the experienced elder care attorneys at the Knapp & Roberts nursing home negligence law firm.
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