According to the National Council on Aging (NCOA), as many as 5 million older Americans are abused each year, and many of them live in nursing homes.
Nursing homes use restraints with the intention to protect residents rather than cause injury to them. A proper application can prevent falls or injuries. But improper use of restraints can become a serious case of neglect or abuse.
Families should watch out for signs of wrongdoing so that they can intervene before grave harm takes place.
Physical Signs That Something’s Wrong
Physical injury is one of the most obvious signs that restraint misuse has occurred. Bruises, cuts, or marks may appear on the body in areas where restraints were applied. Pressure sores and skin breakdown typically occur when an individual is restrained for excessively long periods. A resident may feel stiff, lose the ability to move freely, or suddenly go down in weight.
Complaints of pain coming from your loved ones or unusual weakness in them could be factors associated with improper restraint use. Then note that some marks seem random or mostly on the same body parts. These observations should be further investigated to determine whether the individual wants to discuss what hurt him or looks abnormally scared even when the topic of medical treatment is brought up.
The ability to witness such physical reactions is something that leads to the creation of a secure and friendly atmosphere among all the parties involved. Your acknowledgment of these observations will lead to meaningful change.
Changes in Mood or Behavior
Misuse of restraints would affect not only the body but also the mind. Anxiety, agitation, or depression may ensue if a resident feels trapped or unsafe. Some residents begin to withdraw, refuse to eat, or believe that the staff wants to harm them.
Watch for sudden changes in personality or behavior, such as an increased amount of fearful or confused responses. These are signs that overuse or inappropriate use of restraints could be happening.
Warning Signs in Staff Practices
Abuse or neglect usually becomes evident in how staff misuse restraints. One should be alert if restraints are being used with neither explanation nor documentation, or if an injury resulting from the use of restraints is ignored.
Overuse of restraints, to the exclusion of other safety measures such as close monitoring or a mobility aid, is figured a little higher on the list of red flags. A lack of transparency somewhere in the staff or management is a serious concern.
Legal Implications of Restraint Misuse
Using restraints incorrectly is more than a care issue; it is a legal issue under federal and state law. Close and strict regulation is imposed on when and how restraints can lawfully be used. When used against legal guidelines, it is shortly treated as neglect or abuse. Families have the right to seek justice and save residents.
To hold the responsible parties accountable, you should carefully document any injuries, take detailed notes, and get legal advice. According to nursing home abuse lawyer Stephen R. Hunter, a person must file their lawsuit against the defendant within two years of the abuse or neglect.
What Families Can Do
Should you have any suspicions about restraint misuse, act immediately. Request a thorough review of the care plan for your loved one from the nursing home, and see to it that they also provide you with records of any restraints used.
A full record of injuries must be kept, as well as any changes in behavior of the affected party, and the various conversations with staff in this regard must be tracked. But the most important thing is to speak to an elder law attorney or nursing home neglect lawyer who could explain your rights, assist you in collecting evidence, and then walk you through a potential lawsuit.
Finding the Right Lawyer
Not every lawyer handles elder abuse matters. Seek an attorney who has experience with these particular types of nursing home neglect cases, especially regarding improper use of restraints. Good lawyers get down deep, keep clients updated, and hold as their guide what is best for the client’s relative.
They could proceed to make sure makeup care is given. They will ask for compensation for the injuries suffered by the client and try to bring changes to the way the accused acts and the way the facility operates.
Ask for referrals, read online reviews, and schedule consultations with the attorneys you think might meet your needs.
Protecting Your Loved One
There is no need to wait until an injury gets serious. Harm can be prevented by advocacy, surveillance, and quick intervention. Regular check-ins, raising one’s voice when witnessing red flags, and obtaining competent legal assistance account for real change in a bad way.
Misapplication of restraints forms a very serious issue. But when families step in early, their ailing loved ones stay healthy with dignity and safety.
