What is Unreasonable Restraint in Nursing Home Abuse Cases?

 Posted on September 11, 2023 in Nursing Home Abuse

Unreasonable restraint is a form of nursing home abuse that occurs when a resident is unnecessarily confined, restricted, or physically restrained in a manner that goes beyond what is necessary for their safety or the safety of others. If you have a loved one who is experiencing nursing home abuse in the form of unreasonable restraint, contact a lawyer as soon as you can. The lawyer will examine the facts of the case and gauge whether compensation may be pursued on behalf of the abused nursing home resident. 

Further Defining Unreasonable Restraint

Unreasonable restraint refers to the inappropriate and excessive use of physical or chemical restraints on nursing home residents. Physical restraints may include devices such as straps, belts, or bed rails, while chemical restraints involve using medication to control a resident’s behavior. Restraints should only be used as a last resort, and even then, they should be employed in a safe and necessary manner, following established guidelines and Illinois state law. 

Recognizing Unreasonable Restraint

Identifying unreasonable restraint can be challenging, as it often occurs behind closed doors and away from the scrutiny of family members and visitors. However, some signs that may indicate the use of unreasonable restraint include:

• Visible physical restraints – Restraints, such as straps or ties, found on a resident when they should not have been used.
• Bruises or injuries – Unexplained bruises, marks, or injuries on a resident’s body, particularly on areas like the wrists or ankles, which may suggest the use of physical restraints.
• Psychological or emotional changes – Residents who were once sociable and outgoing become withdrawn, fearful, or displaying signs of depression, which could indicate the psychological impact of unreasonable restraint.

Legal Remedies and Seeking Justice 

If you suspect a loved one has been subjected to unreasonable restraint in a nursing home, it is crucial to take immediate action. Document any signs of abuse, gather evidence, and report the abuse to the appropriate authorities, such as adult protective services. Additionally, consulting with an experienced lawyer who works in nursing home abuse cases can provide professional guidance on the legal options you may have available.

Legal remedies for people who have experienced unreasonable restraint may include filing a civil lawsuit against the nursing home for damages, seeking compensation for medical costs, and more. In some cases, criminal charges may also be pursued against those responsible for the abuse.

Contact a Chicago Nursing Home Abuse Attorney

To obtain the legal guidance your loved one deserves, contact the experienced Cook County nursing home abuse lawyers with Schwartz Injury Law. Call 312-535-4625 for a free consultation.