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WhoCanISue.comNursing HomeRestraints - Injuries

Find A Nursing Home Attorney That Handles Restraint Injuries

 
Summary

Under certain circumstances, restraints may be necessary to prevent a nursing home resident from injuring themselves or other.  Restraints can be physical restraints or medications to sedate. Improper or excessive use of nursing home restraints can result in serious injuries or the resident and even death. 

Excessive force in applying restraints may result in fractures, internal bleeding or head injuries.  If physical restraints are improperly applied, it could result in strangling the resident to death. 

For decades death by strangulation has been considered a cruel and unusual punishment for criminals.  Yet, it is alarming how frequently nursing home residents die as a result of restraint strangulation.

Failure to use proper care in applying restraints which results in strangulation is often caused by the nursing home’s negligent training and supervision of employees.

Who Can Sue

If you suspect that a friend or loved one has suffered an injury from improper or excessive use of nursing home restraints, nursing home abuse lawsuits are pursued to obtain compensation for the injuries suffered and operate as an important safeguard in our society to protect the rights of residents and make sure that proper standards are followed by the industry.

Interesting Facts

The International Network for the Prevention of Elder Abuse (INPEA) sponsored a World Elder Abuse Awareness Day on June 15, 2008 to increase recognition of this global problem and raise awareness of the factors that can lead to or limit abuse of seniors. The rapid aging of the population in the United States raises concerns about the stress which will continue to be placed on nursing homes and elder care systems, which could increase the risk of abuse or negligent care.

  • Federal regulations only allow the use of restraints to ensure the physical safety of the resident or other residents, and only under written order of a physician.  Every nursing home resident has the right to be free from physical or mental abuse, corporal punishment, involuntary seclusion and use of physical or chemical restraints for purposes of discipline or convenience.
  • A physician must specify the type of restraint which should be used and specify the duration and circumstances under which it is to be used.  Violation of these regulations can result in the nursing home being held responsible for restraint injuries.
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