Restraint-Related Injuries in Nursing Homes

We naturally expect a nursing home and its staff to treat our elderly loved ones with dignity and respect. Unfortunately, nursing home abuse is a real and significant issue in Southern California, as in many parts of the country.

Among various forms of mistreatment, restraint-related injuries stand out as particularly insidious examples of abuse, leaving a trail of physical and emotional suffering.

If you suspect that unnecessary or unlawful restraints are being used on an elderly loved one, you may be able to pursue legal action for their restraint-related injuries, as they also constitute nursing home abuse.

This blog delves into what is considered a restraint, the use of restraints in nursing homes, and the instances when it is not acceptable. We also look into what you can do to hold at-fault nursing homes accountable and seek justice for your loved one.

What Is Considered a Restraint?

In nursing homes, restraints refer to methods or devices that limit a person’s movement or access to their body. While their use is sometimes justified to prevent falls, manage harmful behaviors, or ensure resident safety, restraints can easily cross the line into abuse.

The Nursing Home Reform Act of 1987 aimed to curb the misuse of physical and chemical restraints, yet their inappropriate application persists in facilities nationwide.

Types of Restraint Used in Nursing Homes

There are two common forms of restraints used in nursing homes:

Physical Restraints

Physical restraints encompass a range of devices used to physically restrict a patient. As these limit their movement and cannot be removed, they often induce feelings of helplessness, agitation, and stress.

Typical forms of physical restraints include:

• Vests
• Soft ties and ropes
• Arm and leg restraints
• Hand mitts
• Wheelchair belts and lap trays
• Cords or belts
• Tightly tucked bedsheets

Pushing a bed or wheelchair close to the wall to restrict movement is also considered physical restraint.

Chemical Restraints

Chemical restraints involve the use of sedatives, often antipsychotics, to control behavior. Despite the risks, facilities continue to use these drugs unnecessarily, causing harm to the heart, cardiovascular system, and cognitive function.

Why Nursing Homes Use Restraints

Restraints are methods or devices to limit a person’s movement or access to their body. In nursing homes, they may be used to prevent falls, manage behavior that may be harmful, or ensure the safety of the resident or others.

While staff may argue they use restraints for patient safety, the California Advocates for Nursing Home Reform (CANHR) emphasizes that restraints often pose more risks than benefits.

In some instances, facilities may resort to restraints due to understaffing, using them as a makeshift solution to monitor patients closely. However, the end goal of patient safety can be better achieved through dignified and less harmful methods.

California and Federal Law Prohibits Unnecessary Restraints

It’s also worth noting that California law strictly prohibits unnecessary restraints. Facilities must only use them in emergencies, and their usage for staff convenience or disciplinary measures can be grounds for a nursing home abuse lawsuit.

Here are a few instances where nursing home staff is not allowed to use restraints:

• To make it convenient to care for a resident
• To Discipline or punish a resident
• As a substitute to a medical treatment or an activity
• To control a resident permanently

A restraint should only be employed under a doctor’s order when no alternative is available, and only if it enhances the resident’s ability to function at their highest level.

Injuries and Consequences of Using Unnecessary Restraints in Nursing Homes

Using restraints unnecessarily or excessively can cause various consequences for nursing home residents.

Physical Injuries

Unnecessary restraints can lead to various physical injuries, including bruises, cuts, bedsores, fractures, muscle atrophy, and stiffness. Elderly individuals, due to their fragility, are particularly susceptible to these injuries.

Emotional and Psychological Impact

Beyond physical harm, unnecessary restraints inflict profound psychological effects, such as feelings of helplessness, depression, anxiety, and a loss of dignity. Many patients subjected to restraints are unable to consent, and this takes a severe toll on their mental health.

How a Nursing Home Neglect and Abuse Attorney Can Help You Address Restraint Abuse

Under California law, facilities violating restraint guidelines violate nursing home residents’ rights, providing grounds for legal action. An elder abuse attorney specializing in nursing home abuse in Southern California can help prove unnecessary restraint usage, ensuring accountability and proper compensation for victims’ injuries and suffering.

It’s also critical to note that nursing homes often do whatever it takes to hide evidence or offer a settlement to keep a resident’s loved ones from publicizing the abuse and filing a lawsuit. A nursing home abuse lawyer will guide you on the next steps to take to ensure you hold responsible parties accountable and obtain the compensation you deserve.

Let Holm Law Group Help You Address Restraint Abuse and Seek Justice

While restraints are used in some valid cases to keep residents from harming themselves and others, their unnecessary use and overuse constitute elder abuse. Unfortunately, such abuse is not just about physical injuries; it also encompasses a violation of dignity and well-being.

Any suspicion of abuse should be reported immediately to the Licensing and Certification Division of the California Department of Public Health (DPH) for prompt action.

Don’t hesitate to contact the experienced lawyers at Holm Law Group. Your loved one has the right to be free from abuse, and we’re here to help you ensure they are treated with respect and dignity.

We offer a free case evaluation to help you understand the next steps in seeking justice.

Contact us today to get started; together, let’s stand against nursing home abuse and work toward a safe, more respectful environment for our elderly community.