The use of physical or chemical restraints was a common occurrence at nursing home facilities in the past, as many people believed that restraining a resident—particularly one with cognitive declines or mobility loss—was an effective way to keep the resident safe from harm.
However, medical experts in recent decades have found that the practice does not keep the resident safer, but rather, exposes the resident to a greater risk of physical and emotional injury. Restraints are only approved for use in nursing homes in emergencies, such as when a resident is posing an imminent risk of harming himself or herself, or others.
Occasionally, restraints will be recommended for medical treatment. However, the resident—if he or she is able, or his or her legal representative—must consent to the treatment and the use of the restraint. This consent can only be given after the physician recommending the restraint has explained to the resident and/or his or her representative the exact reason for the treatment, the reason restraint is a necessary part of the treatment, and alternative options to the restraint.
If nursing home staff restrained your loved one without consent, contact an experienced nursing home negligence and abuse attorney right away.