Physical or Chemical Restraints at a Nuring Home

Restraints, whether they are physical or chemical, aim to restrict or prevent movement of a nursing home resident. In a nursing home, restraints may be used to protect the safety of residents and staff, however they are often overused. When nursing home staff use physical or chemical restraints as a method of punishment, laziness, or to control residents because of understaffing, it is not only wrong, it is illegal.

The Nursing Home Reform Act

The Nursing Home Reform Act of 1987 states that nursing home residents have:

“The right to be free from … any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms.”

While the Nursing Home Reform Act does not rule out the use of restraints entirely, it does set up a set of strict guidelines on their usage. Residents may only be restrained to ensure the safety of its residents and staff and must only be done under the written orders of a doctor that includes the duration and reasons of why restraints can be used, except under an emergency. When restraints are used for control, discipline, or because of understaffing, it is abuse.

Physical Restraints

Physical restraints are defined as any manual method of restraint or a physical or mechanical device that prevents freedom of movement and cannot be removed by the resident.

Examples of physical restraints include:

• Hand mitts;
• Restrictive chairs;
• Wrist and ankle restraints;
• Vests tied to the bed;
• Sheets tucked too tightly;
• Belts;
• Wheelchairs pushed against the wall;
• Bed rails.

Bed rails are not always used as a method of physical restraint, but instead can be placed on a bed to allow residents to reposition themselves or get into and out of bed safely. It is when they are used to attach other restraints to that they become dangerous. If a resident is restrained to a bed rail, they are likely to injure themselves trying to climb over, under, or through the rails or they could become entangled, resulting in strangulation, broken bones, or even death.

Chemical Restraints

Chemical restraints are psychoactive drugs used to control a resident’s behavior, including restlessness, pacing, wandering, and uncooperative behavior. These drugs will rapidly sedate and relax a resident and will impact their behavior, thinking, and mood.

The most commonly used types of chemical restraints in a nursing home include:

• Antipsychotics-The most commonly used type of chemical restraint are antipsychotics and can be classic, typical, or atypical antipsychotics. These medications should be used with extreme caution because of their severe side effects which include life-threatening heart conditions.
• Benzodiazepines-Benzodiazepines are often used to treat seizure disorders, muscle conditions, insomnia, panic attacks, and anxiety and are often used on residents who are agitated.
• Dissociative Anesthetics-Dissociative anesthetics are a hallucinogen that work by reducing the signals from the brain to the rest of the body, thus detaching a resident from themselves and their environment. This type of medication is used less commonly due to their intense nature.

Effects of Physical or Chemical Restraints

Restraining a nursing home resident can cause both physical and psychological problems.

Some of the effects of the use of physical or chemical restraints include:

• Bedsores;
• Increased agitation;
• Loss of muscle function;
• Loss of balance;
• Fractures;
• Loss of muscle function;
• Urinary incontinence;
• Decreased daily activities;
• Increased cognitive dysfunction;
• Edema;
• Death.

Research shows that the use of restraints is not effective in the prevention of falls, and actually prevents residents from moving around and getting the required exercise to keep their muscles, gait, and balance strong. And, approximately 200 nursing home residents die annually due to suffocation and strangulation due to the use of restraints.

If you feel that your loved one has been restrained unnecessarily and/or excessively, contact an experienced personal injury lawyer to discuss your case.

If you believe a loved one has been abused or neglected at a long-term care facility, contact 844 See Mike, for a free consultation. We are a Chicago injury law firm representing individuals and families who have suffered an injury or loss due to an accident. 844 See Mike, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.

Lastly, 844 See Mike, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us–just the opportunity to seek justice.