Restraints in Nursing Homes
Williamson & Lavecchia, L.C. has represented victims of improper use of restraints in nursing homes and hospitals. Restraints used unnecessarily or improperly are degrading and dangerous. If a loved one has been injured in a case involving restraints, contact Williamson & Lavecchia, L.C. for a free case assessment.
Physical Restraint Issues in Nursing HomesThe use of physical restraints for elderly residents in nursing homes has long been an uncomfortable and contentious issue. The use of belts, vests, pelvic ties, specialized chairs or bed siderails in nursing homes can be cruel, unnecessary, and dangerous. Restraints can lead to suffocation, broken limbs, emotional injuries and even death. While there are some limited circumstances where the responsible use of restraints is vital to keeping the patient safe, the use of restraints should be the exception not the rule.
Situations in Which Restraints are Not Necessary
The state of many nursing homes today is less than perfect. Understaffed, underpaid, overstressed and inexperienced staff is far too common. The reason for this is almost uniformly due to cost saving measures on the part of the nursing homes, and the consequences of this can be dire for the residents.
The use of restraints as punishment, laziness or understaffing is not only ethically wrong, but also against the law. The Nursing Home Reform Act of 1987 stated, among other things, that:
The resident has the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident's medical symptoms (7).
While the Nursing Home Reform Act did not prohibit the use of restraints entirely, it did set up strict guidelines and parameters that must be met before the use of restraints are considered appropriate. This legislation has dramatically lowered injurious restraining incidents since it began to be enforced in 1990. Prior to the NHRA, restraining incidents causing injury occurred with an estimated 40% of nursing home residents. The rate of incidents has since dropped to a level of 12%.
While there is certainly good news, the reality is that nursing home patients continue to be improperly and unnecessarily restrained. A nursing home that is understaffed with inexperienced workers can not be permitted to restrain patients because they do not have the staff to properly care for them. Restraining a nursing home resident needlessly can result in a myriad of physical and emotional damages, including confusion and disorientation, a loss of dignity, pressure sores, and tragically strangulation and death.
A nursing home should not be a prison. While restraint use can be justified in some circumstances, restraints should not be used as a permanent measure. They should not be used when other less restrictive measures are available to preserve the patient’s safety and dignity.
The law firm of Williamson and Lavecchia represents victims of nursing home abuse and neglect including the improper and illegal use of restraints. Most people are not aware of the legal guidelines that nursing homes must follow, and are unaware of the rights that they have to investigate the conditions that their family members are kept in. Obtaining legal services is the first step towards ensuring that your loved one is being treated with respect. If you feel that your loved one suffered an injury or death due to nursing home abuse and neglect, contact our offices for a free legal consultation today.
Library for Restraints in Nursing Homes:
- Fast Facts: Physical Restraints [PDF]
Description: Quality Partners, the Medicare Quality Improvement Organization for Rhode Island, produced this very useful guide to restraints in nursing homes under a contract with Medicare. Restraints should only be used as a last resort when other treatment options fail.
Web Resources for Restraints in Nursing Homes:
- Regulations Restricting the Use of Restraints in Nursing Homes
Description: This link take you to the Virginia Department of Health's overview on the use of restraints in nursing homes. While some nursing homes argue that restraints help prevent fall injuries, the research indicates that restraints are dangerous to patients. Restraints should only be used if the nursing home complies strictly with all the federal and state regulations.
- New Rule on Patient Rights Limiting Restraints
Description: The Centers for Medicare & Medicaid Services (CMS) has just released new training requirements for health care workers who utilize restraints. With the new rules, health care facilities, including nursing homes, must notify family members when a patient is restrained. The new rules further require nursing homes to report the death of a patient associated with restraint use.
- FDA's Guide to Bedrails
Description: Bedrails can help a patient reposition for comfort in bed, yet they can also be dangerous and an illegal restraint. The attached link contains valuable information from the FDA on the safe and proper use of bed rails.
- Restraint Free Care
Description: Restraints are often used in nursing homes as a substitute for providing good care when facilities are inadequately staffed. This Fact Sheet from the National Consumer Voice for Quality Long Term Care describes the dangers of restraints and restraint reduction strategies.
- Untie The Elderly
Description: An educational and training program for providers of long term care including Nursing Homes to the elderly. The program is dedicated to the elimination of the use of physical and chemical restraints in Nursing Homes.