Champaign Nursing Home Unreasonable Restraint Lawyer
If you have an elderly relative, you want them to be taken care of with compassion. You want their nursing home to uphold their basic human rights. The law is clear on basic human rights, in fact. One of the fundamental rights of any nursing home resident is to live freely and comfortably free from any form of restraint. Surprisingly, there are many unlawful and unreasonable incidents of restraint occurring throughout Champaign nursing facilities. If your loved one’s rights are violated, and they are injured as a result, you can seek compensation through the legal system with the help of the attorneys of Patel Law, P.C.
Causes of Unreasonable or Unlawful Restraints
Unreasonable or unlawful restraints are those that are applied without any medical reason. Some nursing home staff restrain their residents out of cruelty, while some do it as an act of abusing their power over the residents. For example, a caregiver may decide to restrain an elderly person just because they do not want to keep an eye on them. In some cases, a caregiver can restrain a resident as a form of punishment or just out of spite.
Whatever the case, unreasonable restraint constitutes a violation of a person’s rights and can be regarded as false imprisonment or battery under the law. While some forms of restraints are acceptable under the law, they must be done humanely. The circumstances that justify restraints are few, and if it is the only option, it has to be done carefully and with minimal/reasonable force.
For example, if a resident has mental issues that make them violent, or in a case where the treatment method requires some level of restraint, the nursing home will be free to restrain the resident.
What Constitutes a Nursing Home’s Unreasonable Restraint?
Unreasonable restraint is any method used to limit the mobility of a person against their will and for no medical reason. It can involve intimidation, harassment, or even threats. Unreasonable restraint can take the form of:
- Physical restraint: Physical restraints include any application or show of force, tightly tucked blankets/sheets, guardrails on beds, lap trays that are difficult to remove, vests or cushions, ropes, hand, and arm restraints, among others.
- Chemical restraint: Chemical restraints include the use of tranquilizers, mood stabilizers, sleeping aids, or any other pharmaceutical or chemical agents on residents. It may also involve overdosing or depriving a resident of medication.
A nursing home employee can use any form of unreasonable restraints on residents. Common examples of these restraints include:
- Restraints are meant to prevent a resident from accessing medical attention, drink, food, or medication.
- Restraint to keep the patient imprisoned within the facility
- Failing to remove necessary restrains after their use has expired
- Restraints that do not achieve the aim for which they were used
- Restraints that expose a resident to harm or violate their rights
- Painful restraints
- Restraints that cause lacerations, ulcers, bruises, or bedsores
- Restraints that limit a resident’s social interaction
- Restrains that make injuries worse or decreases muscle coordination or muscle tone
- Humiliating restraints
- Restraints motivated by neglect, abuse, cruelty, or hate
- Restraints used as a form of punishment
If you visit a nursing home and find your loved one restrained, you have the right to ask for an explanation. If no proper explanation is forthcoming, you can take legal action. You can also institute an investigation if you suspect that your loved one is being unlawfully restrained in a nursing home.
Patel Law, P.C. Can Help
It is painful to learn that your vulnerable and elderly relative is being mistreated in a nursing home where they are supposed to receive care. Restraining a resident can have adverse medical consequences. It may mean that your loved one is lacking food, drinks, and the medication they need. It may also mean that your loved one has to endure physical pain if the restraint causes sores or ulcers. At Patel Law, P.C., we have a team of lawyers who have handled many cases of unlawful restraint of the elderly in nursing homes. We will fight until your loved one gets the compensation to which they are entitled.
Call or Contact Our Office Now
Do you have a loved one who has been a victim of nursing home unreasonable restraint? Do you suspect that your loved one is being restrained while you are not with them? Whatever the case, you need an attorney to help you seek justice for your loved one. Cases like this, when not dealt with sooner, may lead to serious medical complications. If your loved one is a victim of unlawful restraint, you can call us today for a free case evaluation.
