Nursing Home Restraints and Injuries: What You Need to Know

Posted by PKSD New Mexico Law Firm on October 15, 2024 in Nursing Home Neglect

Deciding to place a loved one in a nursing home is one of the most challenging and emotional choices families have to make. We rely on these facilities to offer compassionate care, maintain dignity and ensure the safety of loved ones.

If your loved one was injured due to the improper use of restraints in a nursing home,  you can call our Santa Fe nursing home abuse lawyers to get answers to your legal questions. At PKSD, we are dedicated to holding at-fault parties accountable for the harm they cause to nursing home residents due to abuse or negligence.

Find out your legal options today: 505-677-7777

Are There Laws and Regulations on Nursing Home Restraints?

A patient with a walker.

Federal law places strict limits on the use of physical restraints in nursing homes. The Nursing Home Reform Act of 1987 gives residents the right to be free from physical or chemical restraints used for punishment or merely for the convenience of staff.

To use restraints legally, nursing homes must follow specific guidelines:

  • A doctor must order the restraint for a specific and limited period.
  • Staff must document the medical reasons for using the restraint.
  • Less restrictive options must be tried first.
  • Staff must monitor the residents closely while they are restrained.
  • Restraints must be removed regularly to allow for movement and exercise.

What Are the Risks and Negative Effects of Restraints?

Physical restraints can lead to a variety of health and safety risks that are concerning:

  • Pressure Sores and Skin Breakdown: Being confined can cause painful sores and skin damage.
  • Muscle Weakness and Loss of Function: Limited movement can weaken muscles and reduce the overall ability to function.
  • Inability to Control Bowel Movements: Restraints may contribute to problems with bladder and bowel control.
  • Agitation and Psychological Distress: The feeling of being confined can lead to increased anxiety and emotional turmoil.
  • Social Isolation and Depression: Restraints can keep residents from interacting with others, leading to feelings of loneliness and depression.
  • Loss of Dignity and Quality of Life: Being restrained can undermine a person’s sense of self-worth and overall enjoyment of life.

Chemical restraints could lead to these types of risks:

  • Increased Fall Risk Due to Drowsiness: Sedative medications can tire residents, increasing the likelihood of falls.
  • Cognitive Decline: Certain medications may impair cognitive function, making it harder for residents to think clearly.
  • Dangerous Drug Interactions: Combining medications can lead to harmful effects and complicate treatment.
  • Masking of Underlying Health Issues: Using medication to control behavior may hide important health problems that need attention.

Are There Alternatives to Physical Restraints?

Nursing homes are responsible for training staff on how to restrain residents in medical and other situations. Every scenario is different, which requires staff to make a safe judgment for every situation.

Safer alternatives may include:

  • Fall Prevention: This may include lowering bed heights, using floor mats and keeping walkways clear.
  • Increased Supervision: Offering more assistance with mobility can help prevent falls.
  • Exercise Programs: These can improve strength and balance, reducing the need for restraints.
  • Treating Underlying Medical Issues: Addressing the root causes of agitation or wandering can help.
  • Environmental Modifications: Make changes to physical space to improve safety and comfort, especially for those with memory issues like dementia or Alzheimer’s.
  • Engaging Activities: Finding activities like arts and crafts or music therapy can be beneficial to redirect restless behavior.
  • Customized Care: Tailoring care to meet individual needs can enhance overall well-being.

Clear Signs of Restraint-Related Abuse or Neglect

Family members should watch for red flags indicating improper restraint use, such as:

  • Unexplained bruises, cuts or skin tears, especially on wrists or ankles
  • Sudden behavioral changes like withdrawal or agitation
  • Decline in physical or cognitive function
  • Reluctance of staff to leave residents unattended
  • Visible restraints used without clear medical need
  • Overmedication or drowsiness without explanation

Contact an Experienced Nursing Home Abuse Lawyers for Legal Help

Concerned about a loved one in a nursing home? At PKSD, we are fierce advocates for the elderly in nursing homes. If your loved one has been harmed due to improper care, negligence or abuse, our legal team is prepared to help. We fight for the rights of injured nursing home residents and their families.

Call our Santa Fe law office to discuss your situation and learn if you may have legal options. We are here to help you.

Reach out to us today at 505-677-7777

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