Are Nursing Homes Allowed to Physically Restrain Residents?

 Posted on March 02, 2023 in Nursing Home Abuse

Nursing homes are tasked with the crucial responsibility of caring for some of the most vulnerable members of our society. Most nursing home residents have serious health conditions that make living independently impossible, and as such, require a great degree of care to ensure their safety and well-being. Dementia and related conditions often exacerbate the situation, making nursing home residents at an even greater risk of wandering into dangerous areas of the nursing home and being injured.

Keeping nursing home residents safe and protecting them from harm is a top priority for nursing home staff. In some cases, this may require physically restraining the nursing home resident. However, nursing homes must follow strict regulations when it comes to restraining residents.

Rules Regarding Physical Restraint of a Nursing Home Resident

In some situations, a resident may need to be physically restrained so the resident does not injure himself or herself or harm other residents. For example, a man suffering from Alzheimer's disease who becomes confused may mistakenly believe that another resident is trying to attack him. He may lash out violently against the resident.

The Illinois Nursing Home Care Act states that a nursing home cannot use physical restraint on a resident unless it is absolutely necessary to protect the safety of the resident or others. Even when it is deemed necessary, the nursing home must provide written notification to the resident and/or their legal guardian notifying them of the use of restraint. The least restrictive type of restraint must be used, and the nursing home staff must monitor the resident's physical and mental condition. Nursing homes must also document the use of restraints and provide follow-up care to ensure the resident remains comfortable and unharmed.

Unreasonable restraint of a nursing home resident violates the Nursing Home Care Act and other legislation. In some cases, restraint of a nursing home resident becomes abusive and cruel. If a resident is injured or killed due to unreasonable restraint, the resident or the resident's loved ones may take legal action against the nursing home.

Contact Our Chicago Nursing Home Abuse Lawyer

Our Cook County nursing home injury attorneys recognize the importance of protecting nursing home residents from unreasonable restraint and holding negligent nursing homes accountable for their actions. We fight hard to obtain justice on behalf of our clients. If you or your loved one has been injured in a nursing home due to unreasonable restraint, call Schwartz Injury Law today at 312-535-4625 for a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225&ChapterID=21