Northern California Nursing Home Physical and Chemical Restraint Attorneys
Nursing Home Physical and Chemical Restraint
The Nursing Home Reform Act of 1987 (NHRA) outlined strict guidelines and parameters for the use of physical and chemical restraint in nursing home facilities. While the NHRA did not entirely ban the use of restraints, it states that every nursing home resident has the right to be free of any physical or chemical restraints used as a form of discipline or convenience, and is not required to treat the resident’s medical condition.
A 2009 article published by the Los Angeles Times featured the traumatic outcome of the unethical use of restraints in a northern California nursing home. It was discovered that three California nursing home managers were administering psychoactive drugs by force to more than 20 nursing home residents. Residents were given psychoactive drugs if they questioned their care or just simply glared at the managers. Three residents died because of this misuse of chemical restraints, and the residents who survived suffered serious medical issues, such as weight loss, tremors, slurred speech, loss of cognition and psychosis. The three managers were arrested and charged with elder abuse.
If you have lost a loved one or your loved one was seriously injured because of a nursing home’s unethical use of physical or chemical restraints, a northern California nursing home abuse attorney can advise you of the best legal action to take. With more than 70 years of litigation experience, the nursing home abuse lawyers at Estey Bomberger have been able to win substantial compensation for clients’ injuries, medical bills, funeral expenses, and pain and suffering.
Physical Restraints
Physical restraints are any mechanical or manual methods that limit the movement of a nursing home resident and cannot be easily removed. The use of physical restraints was prevalent in patients that suffered from Alzheimer’s and dementia as a means of stopping them from causing harm to themselves or others. Multiple studies have shown that this practice is, in fact, not true, and often causes more harm then good to the resident. Examples of physical restraints are:
- Belt restraints
- Hand mitt restraints
- Restrictive chairs that limit mobility
- Binding vests and jackets
- Elbow restraints
- Wrist and ankle restraints
- Bedrails (used to keep a resident from getting out of bed)
- Tightly tucked bed sheets.
Chemical Restraints
Chemical restraints are the use of psychoactive drugs, or psychotropic drugs as they are sometimes called, to restrict the resident’s movement or sedate them. While the use of chemical restraints is beneficial in extreme psychiatric situations, it has been widely mismanaged by health care workers for its convenience in controlling a patient’s behavior. The U.S. Food and Drug Administration (FDA), currently, has not approved any drugs for the use of chemical restraints, however, Ativan, Versed, Valium, Haldol, Zyprexa and Prolixin are commonly used as chemical restraints. Health care workers commonly overmedicate by giving a patient more than the recommended dosage.
Effects of Physical and Chemical Restraints
Negligent use of physical and chemical restraints can result in numerous physical and mental problems for the resident, such as:
- Disorientation and confusion
- Increased agitation and anxiety
- Depression and fear
- Reduced quality of life
- Bed sores
- Bacterial sepsis infection
- Incontinence and constipation
- Dehydration
- Malnutrition
- Cuts and scrapes
- Bruises
- Broken bones
- Edema (swelling) of the lower extremities
- Cardiovascular de-conditioning
- Wrongful Death.
Contact our Northern California Nursing Home Abuse Lawyers
The northern California personal injury lawyers at Estey Bomberger work alongside a team of experts in investigation, medicine and nursing home abuse. Our staff of skilled nursing home abuse lawyers can help you take legal action against the negligent or reckless nursing home facility and recover the maximum monetary damages you are entitled to receive. Contact our firm at (800) 890-6722 today. Upon reviewing your case, we will determine if you are entitled to compensation in a personal injury or wrongful death claim.