Not only has there been an ethical concern with sedatives and restraints being used in nursing homes, but this concern has also grown into a legal one because of the many injuries and damages that have come from abusive sedation and restraints. A resident will not only suffer the emotional agony that being restrained brings, but they will also have to endure the physical issues that can come from it like muscular atrophy. While physical restraints can cause damage, being chemically restrained(sedation) can have more severe consequences because the patient might already be taking a certain medication that might conflict with the sedation that they are being given. Life-threatening conditions like heart attacks and strokes can surge when two medications are mixed incorrectly.
Sedation and restraints should not be used for any other reason than for the protection of the resident or other residents and when all other methods have failed to work. When chemical restraints and physical restraints are used just to punish the resident or to keep them controlled conveniently, this could be a cause for a legal action to be brought against the nursing home facility with an Orlando lawyer who is experienced with restraint and sedative abuse in nursing homes. While many residents might misbehave, it does not mean that the first option is to restrain them or sedate them. Sometimes, a resident may be misbehaving because they may be mistreated or have a medical condition that interferes with their reasoning skills. When a resident is misbehaving, it is important that the nursing home uncover why they are acting this way.
How Could I Possibly Determine that Sedation or Restraints Were Used on My Loved One?
Giving a resident a sedative or restraining them to ensure the safety of others and themselves is sometimes needed, but even then, a physician had to recommend it. Some warning signs may be present that can suggest that the resident was sedated or restrained, including:
- Belts, straps, or bars present on their beds
- Bruising around areas where they could have been restrained like their chest or wrists
- Increased drowsiness
- Unable to properly focus; and
Nursing Home Restraints and Sedative Data
- At least one psychiatric medication is provided to 60% of nursing home residents
- One in about every three residents receives a powerful antipsychotic drug
Frequently Asked Questions About Sedatives and Restraints in Nursing Homes
Question: When are restraints and sedatives allowed to be used?
Answer: The only manner that a sedative or restraint can be used is if it is done for the safety of the resident or other residents in the nursing home. Even then, a physician has to order it and it must be performed by someone who is qualified to handle those types of situations.
Question: If my loved one got injured after being restrained can I file a lawsuit?
Answer: Yes, even if the restraint was justifiable. It has to be properly done without inflicting injury on the resident.
Chemical Restraints and Physical Restraints Can Severely Injure Your Loved One
When negligence is applied during the sedation or restraint of a resident or abuse, a litigation can be established for personal injury. Obtaining as many damages as possible could be attained with the help of a Percy Martinez Law Firm attorney in Orlando for sedative and restraint abuse.