What Type of Nursing Home Abuse Occurs With the Improper Use of Restraints?
Abuse and Neglect, Nursing Home Abuse, Personal InjuriesAbuse in nursing homes is an issue that affects countless vulnerable individuals who rely on long-term care facilities to provide them with a safe, respectful living environment.
When restraints are improperly used, they can easily become tools of abuse, causing severe physical, psychological, and emotional trauma.
At the same time, restraints can have a place in ensuring resident safety; the improper or unnecessary use of restraints—whether physical or chemical—clearly violates a resident’s rights and is recognized as a form of nursing home abuse.
If you have a loved one in a nursing home or similar facility, a lawyer will know why such abuse occurs, the common signs of misuse, how families can protect their loved ones, and the legal options available for those impacted.
By understanding the risks and responsibilities, families can be better prepared to advocate for their loved ones and seek justice when necessary. One of the most important steps to take if you suspect your loved one is suffering any kind of abuse in a nursing home is to call a compassionate nursing home abuse lawyer right away.
Understanding Restraints: Physical and Chemical
In nursing home care, two primary types of restraints are used: physical restraints and chemical restraints.
Physical Restraints
Physical restraints are devices that restrict a resident’s movement. Examples include bed rails, straps, belts, arm or leg restraints, and specialized chairs.
These restraints sometimes prevent residents from falling or wandering unsupervised, but staff should only apply them under strict medical justification. Misusing these restraints for convenience or as a disciplinary measure is an unethical practice that leads to numerous risks for residents.
Chemical Restraints
Chemical restraints are medications, such as sedatives or antipsychotics, administered to control a resident’s behavior rather than treat a medical condition.
Doctors may prescribe them to keep residents calm, subdued, or inactive for prolonged periods. Although these medications can have legitimate uses, nursing homes frequently misuse them, leaving residents over-sedated or unable to function as they should.
Both physical and chemical restraints have strict guidelines to prevent misuse. Federal and state regulations dictate that facilities should only use restraints when necessary for the resident’s safety and a physician authorizes them. The improper use of restraints violates these regulations and constitutes nursing home abuse.
Types of Abuse Associated with Improper Use of Restraints
Improper use of restraints can lead to several types of abuse, each with different consequences for the resident:
Physical Abuse
Physical abuse due to improper restraint use includes any form of injury or harm caused by unnecessary physical restraints.
Physical harm associated with restraint abuse includes:
- Bruises, Cuts, and Abrasions: Tight restraints can cause bruises, scrapes, or even infected lacerations.
- Fractures or Dislocations: Excessive force during restraint application or attempts by the resident to break free may result in fractured or dislocated bones.
- Pressure Sores: Keeping residents in one position due to restraints can lead to bedsores or pressure ulcers, which can develop quickly and may become life-threatening if untreated.
- Nerve Damage: Prolonged restraints, especially when applied too tightly, can disrupt blood circulation and result in nerve damage.
Psychological and Emotional Abuse
In addition to physical harm, restraint abuse can inflict deep psychological and emotional trauma:
- Anxiety, Fear, and Depression: The use of restraints can leave residents feeling terrified and powerless, increasing the risk of anxiety, depression, and other mental health issues.
- Feelings of Helplessness and Dehumanization: Restraints can cause residents to feel like they have lost control over their lives and are burdens rather than individuals.
- Isolation and Withdrawal: Residents may feel ashamed or embarrassed by the experience, leading them to withdraw from social interactions and isolate themselves.
- Post-Traumatic Stress: Restraint abuse can lead to PTSD, including nightmares, flashbacks, and ongoing anxiety, especially if the resident believes staff will restrain them again.
Chemical Abuse
Chemical abuse occurs when a resident receives medication not for medical treatment but to control behavior for the convenience of staff.
Chemical abuse can lead to:
- Over-Sedation and Lethargy: When staff sedate residents with drugs that limit their mental awareness and physical movement, they may become lethargic and withdrawn, often missing out on social interactions and daily activities that enhance their quality of life.
- Health Complications: Overmedication with powerful sedatives or antipsychotic drugs can lead to respiratory issues, cognitive decline, and a higher risk of falls due to sedation. These medications can also interact with other prescribed drugs, creating dangerous side effects.
- Loss of Independence: Chemically restrained residents lose the freedom to make choices and participate actively in their environment.
Why Does Improper Restraint Use Occur in Nursing Homes?
Several factors contribute to the improper use of restraints in nursing homes, creating a complex issue that goes beyond individual staff members. A lawyer who understands these factors can help families address the problem proactively.
Understaffing and Workload Pressure
Chronically understaffed nursing homes leave staff overworked and struggling to manage high numbers of residents. In these circumstances, staff may resort to restraints to reduce their workload or prevent behaviors that require supervision.
Lack of Proper Training
Without proper training, staff may not know how to handle behavioral issues or mental health conditions appropriately. A lack of understanding of de-escalation techniques or alternatives to restraint leads some staff to rely unnecessarily on physical or chemical restraints.
Facility Neglect and Poor Oversight
In some cases, nursing home management may not monitor or address how staff use restraints, allowing abuse to go unchecked. Poor oversight and weak accountability measures contribute to a cycle of abuse and neglect.
Financial Incentives to Cut Corners
Some nursing homes may cut corners to reduce costs, especially if they operate as for-profit facilities. Reducing staff or training costs while relying on restraints may boost profits but compromise residents’ quality of care.
Unfortunately, due to many of these reasons, some nursing home employees feel they have no choice but to rely on the use of physical or chemical restraints to have any hope of doing their job right and getting through their shift without incident. However, this couldn’t be further from the truth.
Legal Standards Governing Restraint Use in Nursing Homes
Federal and state laws provide legal protections to prevent improper restraint use in nursing homes:
- The Nursing Home Reform Act of 1987: This federal law establishes that restraints should only be used when necessary and never for convenience or discipline. It emphasizes the resident’s right to freedom from unnecessary restraints and requires that staff monitor and medically justify restraint use.
- State Regulations: Individual states have additional rules on restraint use, including strict documentation, consent protocols, and limitations on when and how to apply restraints.
- Facility-Specific Policies: Most nursing homes implement policies to comply with these laws, but enforcement varies. Families should learn these policies and ensure they align with federal and state requirements.
Signs of Improper Restraint Use and Abuse
Families play a critical role in identifying and reporting abuse.
Some signs of restraint abuse include:
- Physical Marks or Injuries: Look for any unexplained bruises, cuts, or marks on your loved one, particularly around the wrists or ankles. Frequent bruises, scratches, or sores on your loved one’s wrists, ankles, or torso may indicate restraint abuse.
- Frequent Drowsiness or Lethargy: If your loved one seems unusually drowsy or unresponsive, it may be due to chemical restraints.
- Sudden Mood Changes: Restraint abuse can lead to withdrawal, depression, or fearfulness. If you notice sudden behavioral changes, it’s worth investigating further.
- Bedsores or Pressure Ulcers: These injuries can indicate prolonged immobility, which may result from physical restraints.
- Emotional distress: Sudden changes in mood, withdrawal, or signs of fear around certain staff members may indicate abuse.
- Weight loss or muscle atrophy: This can indicate prolonged physical or chemical restraints limiting physical activity.
If you see any of these signs, document your observations, report your concerns, and contact a nursing home abuse attorney.
Filing a Complaint Against a Nursing Home for Improper Restraint Use
If a nursing home subjected your loved one to improper restraint use, you have options for reporting and addressing the abuse:
- Report to Nursing Home Management: Start by addressing your concerns with the facility’s management. If you bring issues to the attention of administrators, they may be resolved internally.
- Contact State Ombudsman: Every state has a long-term care ombudsman who investigates complaints and advocates for nursing home residents. Filing a complaint with the ombudsman can bring oversight to the facility.
- Report to Regulatory Authorities: State regulatory bodies, like the Department of Health or Department of Aging, can investigate abuse claims and impose penalties or other sanctions on facilities that violate resident rights.
- Consult a Nursing Home Abuse Attorney: For families seeking legal recourse, an attorney can help initiate a lawsuit against the nursing home to secure compensation and hold the facility accountable.
Long-Term Effects of Restraint Abuse on Nursing Home Residents
The severe long-term consequences of improper restraint use affect both physical and mental health:
- Physical Decline: Residents may experience permanent mobility issues due to muscle atrophy or nerve damage. The longer staff restrains them, the more likely they are to lose functional independence, which can severely impact their quality of life.
- Cognitive Decline: Chemical restraints, particularly sedatives and antipsychotics, can impair memory and cognitive abilities. Long-term use can lead to or worsen dementia symptoms, particularly in elderly residents.
- Psychological Trauma: Restraint abuse can lead to chronic depression, PTSD, and anxiety. These conditions may persist even after the abuse stops, affecting residents’ interactions with family and caregivers.
- Reduced Lifespan: Research has shown that excessive restraint use in elderly residents can decrease lifespan due to physical and emotional stressors.
How a Nursing Home Abuse Attorney Can Help in Restraint Abuse Cases
Nursing home abuse cases, particularly those involving improper restraint use, are complex and require specific legal knowledge and experience. Here’s how a nursing home abuse attorney can assist:
Investigating the Case Thoroughly
An attorney will gather evidence by examining medical records, interviewing witnesses, and reviewing facility policies to establish whether improper restraint use occurred.
Holding the Facility Accountable
A nursing home abuse lawyer can hold the facility accountable for abusive practices by filing a lawsuit. Legal action can lead to compensation for the victim, improvements in facility practices, and disciplinary action against the staff involved.
Ensuring Compliance with State and Federal Laws
Nursing homes are required to adhere to strict standards. To support the claim, an attorney will analyze the case for violations of federal regulations, such as the Nursing Home Reform Act.
Securing Compensation for the Victim
Compensation may cover medical expenses, pain and suffering, and other losses due to the abuse. Financial recovery can help the resident receive better care and start their journey toward healing.
Advocating for Systemic Changes
Legal action can lead to broader regulatory changes in cases involving multiple victims or systemic issues, enhancing protections for all nursing home residents.
Preventing Future Abuse
Lawsuits often lead to policy changes within facilities, ultimately creating a safer environment for all residents.
Protecting Nursing Home Residents from Restraint Abuse: Contact a Skilled Nursing Home Abuse Attorney Today
The improper use of restraints in nursing homes is a significant issue that endangers the health and dignity of vulnerable residents. Families must stay vigilant, recognize the signs of abuse, and act quickly to protect their loved ones.
Remember, staff should only use restraints when absolutely necessary and as a last resort to ensure the safety of the resident or others.
If you suspect that a nursing home has subjected a family member to restraint abuse, a skilled nursing home abuse lawyer can secure justice. A dedicated South Carolina personal injury attorney will guide you through the legal process, gather evidence, and help hold the responsible parties accountable.
Families can protect their loved ones by hiring legal assistance and contributing to a safer, more compassionate environment for all nursing home residents.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.