Understanding the Difference Between Reasonable and Unreasonable Restraint at Nursing Homes in Illinois 

 Posted on March 08, 2024 in Neglect

Nursing homes play a crucial role in providing care and support for elderly residents. Unfortunately, sometimes residents have to be restrained for their own safety, especially if they have the potential to hurt themselves or others.

However, it can be very difficult to see someone you love being restrained. People often have concerns about the use of restraints in these facilities, leading to questions about the difference between reasonable and unreasonable restraints in Illinois. If you are afraid that someone you love is being wrongfully restrained in their care center and you would like to learn more about potential legal actions you can take, start with the basics of what you need to know about reasonable and unreasonable restraints in Illinois nursing homes. 

Reasonable and Unreasonable Restraint in Illinois Nursing Homes 

Restraints can be physical or chemical and are used to control a resident's behavior or movement. Under Illinois law, nursing homes must provide a safe and comfortable environment for residents, including ensuring their freedom from unnecessary restraints. While restraints may sometimes be necessary for the resident's or others' safety, it is essential to distinguish between reasonable and unreasonable restraint.

What is Reasonable Restraint?

Reasonable restraint is defined as the use of restraints only when necessary to prevent harm to the resident or others. This includes situations where a resident is at risk of falling, wandering off, or causing harm to themselves or others. In such cases, restraints may be used judiciously and in accordance with a care plan developed by medical professionals. 

What is Unreasonable Restraint?

Unreasonable restraint refers to the inappropriate or excessive use of restraints without a valid medical reason. This can include using restraints as a form of punishment, convenience, or to restrict a resident's freedom without justification. Unreasonable restraint is a violation of a resident's rights and can lead to serious physical and psychological harm. 

Illinois Nursing Homes Are Required to Follow Guidelines About Restraint Use

Nursing homes in Illinois are required to follow strict guidelines when it comes to the use of restraints. These guidelines include:

• Obtaining informed consent from the resident or their legal guardian

• Conducting regular assessments to determine the need for restraints

• Documenting the use of restraints in the resident's medical records.

Residents and their families should be aware of their rights regarding the use of restraints in nursing homes. If you believe a loved one is being subjected to unreasonable restraint, you should report your concerns to the nursing home administration and seek legal advice if 

necessary.

Contact Our Chicago, IL Unreasonable Restraint Attorney

Your loved one’s health and well-being are very important and we are here to help you hold accountable anyone who violates their rights. Understanding the difference between reasonable and unreasonable restraint is essential for ensuring the safety and well-being of residents in nursing homes. If you have concerns regarding the safety of a loved one, contact the experienced Cook County, IL unreasonable restraint lawyers with Schwartz Injury Law. Call 312-535-4625 for a free consultation.