It is horrifying to discover that your elderly family member has been physically restrained at the nursing home. There is no doubt that your mind is probably filled with questions – were physical restraints necessary? Did the New York nursing home misuse the restraints? Does your loved one have any rights?
There are two types of restraints used in nursing home facilities, physical restraints and chemical restraints. Physical restraints include such items as restrictive chairs, bed rails, wrist restraints, ankle restraints, hand mitts and vests that tie residents to chairs. Chemical restraints include psychoactive medications used to control behavior.
When Nursing Home Restraints are Okay
Physical and chemical restraints may be used in nursing homes only to ensure the safety of the patient and/or other residents. Nursing home restraints must be ordered by a doctor, who specifies how long these restraints should be used and the circumstances that would justify the use. Emergency situations are the exception.
Whenever a resident is physically restrained in a New York nursing home, it is crucial that he or she is closely monitored. The least restrictive restraint should be used and the resident should be evaluated often to see if the restraint is still necessary. Prolonged use of a physical or chemical restraint should be avoided.
When Nursing Home Restraints are Not Okay
Under the Nursing Home Reform Act of 1987, residents in nursing homes have the right to be free from physical and chemical restraints used for discipline purposes or for the nursing home’s convenience. That means that these facilities cannot use a physical restraint or medication as a way to punish residents or because they are short-handed on staff.
Problems Associated with Nursing Home Restraints
There are numerous problems that can arise when a nursing home resident is restrained. These issues range from emotional trauma to physical injuries. For example, a resident may become depressed, humiliated, confused, agitated or withdrawn. They might also suffer from bedsores, frozen joints and loss of muscle function.
If your loved one was restrained at a nursing home facility for the wrong reasons, you should contact a Long Island nursing home abuse attorney at the law firm of Rappaport, Glass, Greene and Levine at 866-639-5567. We have successfully represented countless nursing home abuse cases through Long Island and the rest of New York. Our Long Island nursing home abuse attorneys will review your case to determine if you have a claim against the facility.
