The Nursing Home Reform Act of 1987 went a long way to preventing nursing homes from using restraints to control residents simply for the convenience of nursing home employees. Before the changes in the law, some nursing homes would give medication to residents who required substantial care that was designed to make the resident passive and easier to control (which is a chemical restraint). Some nursing homes were also known to strap residents in their beds to prevent them from getting out of bed.
The use of restraints strictly for convenience purposes has decreased substantially although it has not been completely eliminated. When convenience restraints are used currently, it almost always takes the form of chemical restraints. Chemical restraints are usually antipsychotic drugs that are used by the nursing home to control individuals who suffer from dementia or anxiety. For a nursing home more focused on reducing its budget and operating on minimal staff than providing quality care, chemically restrained residents are easier to control and require less care than active residents. In fact, staffing shortages are a leading culprit in explaining why some nursing homes choose to restrain residents.
Restraints and safety devices can also be used on resident beds. Bed rails on the side of a resident’s bed can be considered a restraint if the individual is not able to understand that the bed rails are to be used as a device to assist with bed mobility. In the wrong circumstances, bed rails can do more harm than good. When bed rails are used improperly, unmonitored residents can try to crawl over the bed rail and fall to the ground. Residents can also become trapped between the bed rail and the mattress resulting in asphyxiation if proper safety measures are not taken by the nursing home.
While many nursing homes are making an effort to become “restraint free” this could do more harm than good. In the right circumstances, physical restraints can be safety devices if used properly and in accordance with physician orders. Safety devices are typically placed next to or around a resident to limit or eliminate movement by the resident. A common form of restraint is a safety belt or a lap buddy on a wheelchair. If a resident is unable to fully support herself while in a wheelchair, she may be a candidate for a seatbelt or lap buddy which will help keep her from falling and give her more independence. Bed rails can help residents maintain some of their independence by allowing them to reposition themselves. Wedges can also keep resident safe by preventing them from rolling under bed rails.
Nursing homes are not only required to assess residents to determine whether they are qualified to use a safety device, they must also comply with physician orders on the proper use of safety devices.
We can help if your loved one has been injured by the improper use of a restraint device in a nursing home
Our attorneys have been successful in resolving cases favorable to our clients and their families where nursing home residents have been severely injured or suffered death through the improper use of a restraint device even though the nursing home had promised to keep residents safe. If a family member or loved one has been suffered injuries or death as a result of restraint use at a Maryland nursing home, contact Nursing Home Justice Associates at 1-410-825-ABUSE (2287) to learn more about your legal rights.
Nursing Home Justice…..It’s What We Do.
Other Injuries Suffered By Nursing Home Residents:
Bed Sores, Pressure Sores, Decubitus Ulcer
Burns
Choking
Clogged Breathing Tubes
Falls
Malnutrition & Dehydration
Medication Errors
Physical Abuse
Restraints & Bedrails
Sepsis/Infection
Sexual Abuse
Wandering & Elopement