Nursing homes are meant to be places of care, comfort, and safety for our elderly loved ones. However, there are instances where physical restraints are used without proper justification, raising concerns about the ethical and legal implications involved in the situation. If you believe your loved one has ever been unjustly restrained physically, you may have a nursing home abuse case worth pursuing. Contact a distinguished lawyer in Illinois to gauge further whether you have a viable abuse case.
Physical Restraints in a Nursing Home Setting
Physical restraints are any method used to restrict a person’s movement, such as bed rails, straps, or even belts. While such restraints may be used in certain situations to prevent harm to the resident or others, their use should be limited and carefully justified.
Unjustified Use of Physical Restraints
- Lack of informed consent – Physical restraints should only be used with the informed consent of the resident or their legal representative. If a resident has the mental capacity to make decisions, their autonomy and right to refuse restraints must be respected. In cases where the resident lacks capacity, the decision should be made in their best interest, following proper legal procedures.
- Absence of medical necessity – Physical restraints should only be used when there is an apparent medical necessity. This means that the president’s behavior poses an immediate risk of harm to themselves or others, and alternative interventions have been considered and deemed ineffective or insufficient. Restraints should never be used as a convenience for staff or as a means of punishment.
- Violation of resident rights – As outlined in federal and state law, nursing home residents have the right to be free from unnecessary physical restraints. These rights look to safeguard the dignity and privacy of residents, as well as respecting the patient’s freedom of movement. Any use of physical restraints that infringes upon these rights may be considered unjustified.
- Failure to follow protocols – Nursing homes must have clear protocols and policies in place regarding the use of physical restraints. Staff members should receive proper training in the appropriate use of restraints, including periodic evaluation of their necessity. Failure to follow these protocols or using restraints in a manner inconsistent with established guidelines may render their use unjustified.
Contact a Peoria County, IL Nursing Home Physical Restraint Attorney Today
Nursing home residents’ rights and well-being must always be aggressively looked after and respected. In cases where this does not happen, legal action may be necessary. Contact the distinguished Peoria, IL nursing home physical restraint lawyers with Nursing Home Injury Center. Call 309-524-6900 for a free consultation today.
