Nursing homes should never use restraints to punish a resident or simply to make things easier for the staff. Misusing restraints is a violation of Georgia law and can cause physical and emotional trauma.
If you suspect your loved one is being restrained in a nursing home facility, you should promptly consult an experienced Georgia nursing home abuse and neglect attorney. You need to understand the law about the use of restraints and how you can take action.
Common Types of Nursing Home Restraints
Physical restraints are any device or equipment attached to or used next to a resident’s body that limits their mobility or access and which the resident cannot easily remove. Some examples of physical restraints that have been used in nursing homes include:
- Bedrails
- Vests
- Lap trays and tables
- Chairs made for restraint
- Straps and ties
- Lap cushions
- Hand mitts
- Cords or belts
- Tightly tucked bedsheets
- Pushing a bed or wheelchair close to a wall.
Some of the above devices may be used for the benefit of the resident and not for the purpose of restraint. When they are used for that purpose, they may be permitted. For example, if bedrails are used to help a resident get into and out of bed safely, they are permitted. However, if bed rails are used to restrain the resident, they are not generally permitted except in specific cases set forth in Georgia Comp. R. & Regs. 111-8-50-.09.
Chemical restraints, such as sedatives, may also be used improperly. Chemical restraints can harm a resident’s cognitive function and cardiovascular system and should never be used unnecessarily.
Injuries Caused by Nursing Home Restraints
Physical restraints can cause various physical injuries, including bruises, abrasions, fractures, bedsores, muscle weakness, and stiffness. They can be terribly uncomfortable and even painful. Some restraints, such as bed rails, can lead to asphyxiation and other fatal injuries.
Chemical restraints can be harmful and contribute to physical decline.
Restraints can also cause severe emotional distress and have long-term psychological effects. Many patients become depressed, fearful, anxious, and feel helpless.
Signs of Improper Use of Restraints in Nursing Homes
Signs of restraints vary depending on the type of restraint used and the patient. Some common signs of the improper use of restraints in nursing homes include:
- Bruises or skin burns, especially near the resident’s wrists, ankles, or chest.
- Broken or fractured bones.
- Chronic drowsiness or confusion.
- Dizziness.
- Unusual lack of memory.
- Inability to focus.
- Appearing fearful, depressed, anxious, or helpless.
- Uncharacteristic incontinence.
- Unusual constipation or frequently soiled clothes and linens.
- Attempts to escape or asking to be removed from the facility.
Georgia Law Prohibits Restraints Except in Specific Circumstances
Georgia Comp. R. & Regs. 111-8-50-.09 specifically states that nursing home residents
“must be free from actual or threatened physical restraints, isolation, or restrictions on mobility within or outside the facility grounds, including the use of drugs to limit mobility, activity, and functional capacity or the use of any other restrictions, except to the minimum extent necessary to protect the resident from immediate injury to the resident or to any other person.”
This statute continues by defining restraints and the very limited circumstances in which they can be used. Restraints are never allowed simply for the benefit or convenience of the nursing home facility and staff.
Consult a Georgia Nursing Home Neglect and Abuse Attorney
If you or a loved one has been injured by the improper use of restraints in a nursing home, we want to help you.
Our attorneys have the experience, skills, and resources to hold negligent and abusive nursing homes responsible for harming residents.
Call (770) 865-8654 or complete the short form on our contact page to schedule a free consultation.