How to Tell if a Louisville Nursing Home Staff Is Using Restraints Illegally

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After your elderly father was placed in nursing home restraints, you felt outraged. You were told that the restraints were for his own good, but you’re not so sure. How can you tell if the nursing home staff is using restraints properly?

Our Louisville nursing home abuse attorneys can help you understand the legal use of restraints in care facilities. Federal law dictates that the use of physical restraints should be limited to specific situations, including:

  • Medicare- and Medicaid-certified nursing homes may only use physical restraints if they are needed to treat the resident’s medical symptoms. 
  • Restraints are not to be used without the consent of the resident or the resident’s legal representative. If restraints were applied without your consent, you may have a valid case against the facility.
  • If restraints are necessary, they must be used in a way that does not affect a resident’s ability to perform daily activities. These may include bathing, dressing, communicating, walking, eating, and going to the bathroom.
  • Residents must be released from restraints at least every two hours and receive proper exercise. 
  • Certified nursing homes cannot use restraints to maintain proper body alignment. These facilities must use pillows, padding, or chairs to position patients comfortably, unless a qualified health professional recommends a more restrictive support device.

Under U.S. law, certified facilities are required to care for residents in a way that maintains or enhances their quality of life. While the use of restraints may be used to temporarily prevent injuries, they can also create serious health problems, including pressure sores, chronic constipation, incontinence, isolation, and even the loss of walking ability, greatly reducing the patient’s quality of life. 

In addition to causing physical injury, the use of restraints can be a humiliating. Residents may feel trapped or imprisoned, and may even attempt to escape, causing injury to themselves or resulting in further oppression by the staff.

Has Your Loved One Been Injured In A Nursing Home?

If you believe your loved one is being subjected to nursing home abuse you need to speak with an experienced Kentucky nursing home neglect attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.