New York City Improper Use of Restraints Lawyer
Nursing homes are a place to treat, heal, and care for the most vulnerable members of our society. They should not be places to harass, punish, or mistreat the elderly patients who are often paying the last of their finances to be there. Yet, the improper use of restraints happens all too often. It is against the law to use wrist, ankle, and other restraints for any purpose other than an emergency situation in which the patient is in immediate danger of harming themselves. If your loved one was unnecessarily restrained, even once, you have the right to file a nursing home negligence claim against the nursing home. Our New York City improper use of restraints lawyers at Cohan Law Firm can help you accomplish this.
Examples of Nursing Home Restraints
Nursing home staff have been known to use a variety of methods to improperly and illegally restrain nursing home residents. The restraint does not have to be designed for the purpose of restraining a patient to be considered an illegal restraint. A restraint is any type of device or method used to prevent a nursing home resident from moving freely, getting out of bed or their chair, leaving their room, accessing their own body, or moving their limbs or other body parts freely. Examples of nursing home restraints include:
- Restraint vest or clothing
- Straps, ties, zip ties, rope, tape, or belts
- Hand mitts
- Lap cushions
- Reclining chairs
- Lap trays
- Lap tables
- Restraining chairs
- Unnecessary use of bedrails
- Concave mattresses
- Orthotics
Physically holding down the resident when it is not necessary to do so is another form of unlawful restraint in a nursing home.
When Can Restraints be Used?
The only time it is legal to use restraints is when a doctor determines that, in an emergency situation, the patient would likely harm themselves, other patients, or staff members if they are not immediately restrained. These situations are very rare, to say the least, considering the fragility of most nursing home residents.
When is it Illegal to Use Restraints?
Restraints can never be used out of convenience for the nursing home staff. If a patient is being “difficult,” staff members have absolutely no right to use any type of restraint. Moreover, restraints can never be used as a form of punishment. It should also go without saying that restraining a resident to harass, intimidate, make fun of, or torture them is illegal.
A New York City Medication Error Attorney Can Help You Seek Justice
Restraining a nursing home patient can not only result in injury, but it is dehumanizing, cruel, and psychologically and emotionally damaging. Imagine the trauma an elderly, confused, or disabled individual would experience if their hands were bound with padded cuffs or they were locked into a chair with a tray table for hours on end. This is the sort of unlawful treatment that most convicted criminals do not even have to face. If your loved one was unlawfully restrained for any period of time, call the NYC improper use of restraint lawyers at Cohan Law Firm at 855.855.0321 to schedule a free consultation.
