Under federal law, it is illegal to place nursing home residents under restraint unless explicitly ordered by a physician.  Restraints can be either chemical or physical.  The nursing home must justify its use of a restraint as the least restrictive alternative available to meet the therapeutic needs of the particular resident.  If restraints are used, the facility must document a comprehensive interdisciplinary clinical evaluation and Care Plan showing how the restraint helps the resident in reaching his or her highest level of well-being. 

Chemical restraints are usually antipsychotic drugs used to sedate difficult residents.  These residents are usually confused dementia patients who have been restrained as a cost-cutting measure.  It is cheaper to provide care to a drugged resident than it is to an active one.

Physical restraints can be a number of things, but the most common kind are bed siderails.  Siderails are designed to prevent a resident from falling out of bed, but they can often do more harm than good.  Residents can fall and be injured while trying to climb over the siderails, or worse, they can die from asphyxiation by getting trapped between the mattress and the rail.

For more information and resources about restraints in nursing homes, click here.  If you believe a loved one has been injured due to the improper use of a restraint, take action and contact the Kosieradzki •Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a FREE CONSULTATION.