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Unreasonable Restraint

American families of elderly men and women put their trust in nursing homes to care after their loved ones. These men and women placed inside a nursing home do not give up their basic rights when they enter the doors of an assisted living facility. Each year, hundreds of nursing home residents are subjected to neglect and abuse, such as unreasonable restraint. The fact is nursing home residents are protected under Illinois federal law. It is up to families and attorneys to help defend and fight for the rights when they feel their loved one has been mistreated at a nursing home.

When Is It Appropriate to Restrain Nursing Home Residents?

There are certain circumstances where restraining a nursing home resident may become necessary. Nursing homes should make reasonable efforts to restrain patients if they pose a threat to themselves or other nursing home staff and residents. For example, a patient who is extremely sensitive after surgery and may suffer injury or pain if allowed to move freely, or a patient with a history of falling out of bed. There is a fine line that nursing home staff members need to be careful not to cross when proceeding with any form of restraint. Applying extreme force or excessive restraint can be subject to organization liability, even if the rationale is justified.

What is Unreasonable Restraint?

Unreasonable restraint is one of the most disturbing kinds of abuse that can happen to nursing home residents. Caregivers can trap seniors in their bed for hours or even days at a time. It is important to understand that unreasonable restraint comes in the form of both physical and chemical restraint.

Physical Restraints Include:

  • Arm and hand restraints
  • Guardrails on beds
  • Cushions or vests
  • Not allowing residents out of room
  • Unmovable trays
  • Tightly tucked sheets
  • Any show or application of force

Chemical Restraints Include:

  • Sleeping aids
  • Tranquilizers
  • Mood stabilizers
  • Additional doses of patient’s medication
  • Depriving patient of medication
  • Any other chemical or pharmaceutical agent used to restrain a nursing home resident.

The consequences caused by unreasonable restraints can range from minor medical problems such as bed sores, bruising and bleeding, to chronic problems such as depression and lowered immune response.

What to Do If Unreasonable Restraint Occurs

If you feel that your loved one is experiencing acute to chronic medical problems due to unreasonable nursing home restraint, contact Shea Law Group at (877)-365-0040. Do not dismiss the concerns and complaints of your loved one living in a nursing home. It is never to late to fight back and demand justice for the violation of their rights. The attorneys at Shea Law Group will aggressively pursue every avenue to ensure you are properly compensated for the pain and suffering of your loved one residing in a nursing home.  We never charge a penny until unless you receive compensation.