The Use of Chemical Restraints to Sedate Nursing Home Residents Is Often Unlawful

 Posted on August 17, 2020 in Nursing Home Abuse

The term restraints are used to refer to physical or chemical means of controlling a nursing home resident’s behavior or restricting his or her movement. While physical restraints involve things like bed rails and ties, chemical restraints are medications used to sedate a resident. Federal and state laws heavily regulate the use of restraints against nursing home residents. Restraints can only be used in specific situations and should never be used simply for nursing home staff convenience. Overuse and improper use of chemical restraints can lead to dangerous, often fatal, side effects as well as a diminished quality of life.

Sedatives and Other Chemical Restraints Can Only Be Used When Medically Necessary

Psychopharmacological drugs such as benzodiazepines and antipsychotic medication are intended to treat psychiatric conditions such as bipolar disorder, schizophrenia, and anxiety disorders. These medications often have side effects including drowsiness and sluggishness. Sometimes, nursing home staff administer these medications to nursing home residents to make them more docile and less likely to wander around the facility or defy staff instructions. Not only is this practice unethical, it is also illegal. The Illinois Nursing Home Care Act specifically states that chemical and physical restraints may not be used to punish a resident or for the nursing home staff’s convenience. According to the law, restraints may only be used when ordered by a doctor for a legitimate medical purpose.

Antipsychotic Medication Doubles The Risk of Death in Residents with Dementia

Aripiprazole, haloperidol, clozapine, quetiapine, risperidone, olanzapine, and other antipsychotic medications are frequently used “off label” to sedate residents who do not have the medical conditions that the drugs are designed to treat. Research has shown that this is a very dangerous practice. Dr. David Graham, Associate Director of the FDA’s Office of Drug Safety, has stated that antipsychotic medication actually doubles the risk of mortality in elderly people with dementia. These medications carry side effects including an increased risk of falling, dyskinesia, blood clots, stroke, and irreversible cognitive decompensation. Antipsychotic drugs even have a “black box” warning cautioning against administering the medication to elderly people with dementia.

Contact Cook County Nursing Home Abuse Lawyer

If your loved one was injured or passed away in a nursing home and you believe that unlawful use of chemical restraints was to blame, contact Schwartz Injury Law. A medical malpractice claim may enable you to hold the wrongful nursing home accountable for its actions as well as recover compensation. Call our office at 312-535-4625 today and schedule a free consultation with a skilled Chicago medical malpractice attorney.

Sources:

https://www.healthaffairs.org/do/10.1377/hblog20180424.962541/full/

https://www.govinfo.gov/content/pkg/CHRG-110hhrg35502/pdf/CHRG-110hhrg35502.pdf