At the Law Offices of John M. McCabe, P.A., we understand the sensitivity and urgency involving all nursing home abuse and neglect cases. Any case involving injuries due to restraint use is a grave matter. Call a restraints injury lawyer at The Law Offices of John M. McCabe today if you or a loved one has been wrongfully restrained and injured.
FREE Consultations
Call us at (866) 907-1145 24/7 to arrange to speak with a personal injury lawyer about your case, or contact usthrough the website today.
How Can a Restraints Injury Lawyer Help Me?
Some of the initial questions we ask include:
Did any nursing home or adult care facility staff member, including nurses and doctors, use restraints on you or someone you love?
Was a physician's order written?
Did you approve it?
Is it your opinion the restraints were used for control?
Any other reasons why they would have used restraints?
From there, we will start gathering evidence and starting your claim. Our restrain injury lawyer will work to get you the compensation you need to heal and get your life back.
How Much Does a Restraint Injury Lawyer Cost?
We work on a contingency basis for personal injury claims such as restraint injuries. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time. We also offer contingency fee schedules for other practice areas, such as:
The Use Of Restraints And Nursing Home Resident Rights
Restraints – whether physical or chemically induced – are not to be used for the convenience of nursing home staff or physicians. Furthermore, physical and chemical restraints are not to be administered for disciplinary reasons or “convenience”, either. The use of restraints is only permissible in cases of emergency and only after a written physician's order. These orders are in effect for no longer than 24 hours and require the approval of family members.
The number of restraint cases has decreased. However, it is still a common form of nursing home abuse and neglect. Some characteristics of residents that may be restrained are:
Daily living activities may be limited
Cognitive skills and performance may have eroded
Take antipsychotic medications
May move around at night and other times while monitored less
History of falls
Suffer from dementia
Nursing homes, like any other business, may suffer from staffing issues. Some understaffed nursing homes and adult care facilities have used restraints as a form of convenience for them. To evaluate nursing homes and adult care facilities, you can visit the North Carolina Division of Health Service Regulation.
The Negative Effects Of Restraints And Injuries That Can Result
Using restraints can cause emotional, mental, and physical problems, including:
Disorientation and confusion
Decreased ability to think and process information
Decreased activities of daily living
Increased agitation and irritability
Loss of dignity and less independence
Depression
Urinary problems (incontinence or retention) and chronic constipation
Decreased muscle functionality – loss of muscle mass
Less bone density – bitter bones
Cardiopulmonary functions lessened
Contractures (muscles shorten and make it harder to stretch and move)
Swelling, increased vein pressure, and fluid retention
Bedsores
Death
Compression
Suffocation
Strangulation
Types Of Restraints
Nursing homes and adult care facilities use several different types of restraints. Some include:
Geri chairs
Vests designed to tie/restrain residents to their chairs/beds
Wrist/ankle restraints
Chemical restraints
Bedrails
Lap buddies
Tabletops
Any device or method designed to limit movement
How To Prevent Restraint Injuries
Perform a thorough review of the resident’s care plan. Any known instances of injuries due to the use of restraints? Why were the restraints used in the first place? Any foreseeable issues for increased risk with you or your loved one? Do you or a loved one have an increased risk of falling, sitting, wandering, etc.?
Are there any known side effects regarding any of the prescribed medications you or a loved one are prescribed?
The law requires the doctor to write an order for restraints. All details regarding the duration and circumstances must be noted and must have prior approval before administering.
Review any order written. After review, inquire to the benefit to you or your loved one. Also, ask about the causes and effects – positive and harmful to the usage. After the discussion, you should be convinced of the use or not. If you are not convinced, contact the authorities and governing bodies that regulate. A link is provided above to the governing body.
Learn More About Your Loved One’s Rights In A Free Initial Consultation
If you or a loved one has experienced restraint injuries while at a nursing home or adult care facility, please get in touch with us today for help.
FREE Consultations
Call us at (866) 907-1145 24/7 to arrange to speak with a personal injury lawyer about your case, or contact usthrough the website today.
Nursing Home Abuse/Neglect
Questions?
It would be our pleasure to help. We offer free initial consultations for any of your legal needs.