Every nursing home resident deserves care that respects their dignity, freedom, and individual needs. Unfortunately, some facilities still use restraints—both physical and chemical—not as medical treatments but for staff convenience or discipline. This practice is not only harmful but also a violation of federal law. 

Federal Law Protects Residents from Restraints

Under § 483.12 Freedom from abuse, neglect, and exploitation, every nursing home resident has the right to be free from abuse, neglect, and exploitation. This includes protection from the misuse of physical or chemical restraints that are not required to treat medical symptoms. Specifically:

• Facilities must ensure that restraints are never used for discipline or convenience.
• If restraints are medically necessary, they must be the least restrictive alternative and used for the shortest possible time, with ongoing evaluation to determine if they are still necessary. 

The Harmful Effects of Restraints

Restraints—whether physical devices like belts or bed rails, or chemical restraints like sedating medications—can cause serious physical and psychological harm to residents. The use of restraints can lead to:

• Physical injuries: Such as bruises, cuts, and even strangulation.
• Mental distress: Including anxiety, depression, and social withdrawal.
• Decline in health: Restraints often result in weakened muscles, loss of mobility, and an increased risk of infections or pressure sores. 

Physical Restraints: Restricting Movement and Causing Harm 

Physical restraints are any device or method that restricts a resident’s freedom of movement and that the resident cannot easily remove themselves. Common examples include belts, bed rails, and chairs that limit a person’s ability to stand or walk.

Physical restraints are often used with the belief that they will prevent falls or keep residents safe. However, research shows that they often cause more harm than good.  

Chemical Restraints: Sedating Residents Instead of Providing Care

Chemical restraints involve the inappropriate use of medications, such as antipsychotic drugs, to sedate or subdue residents. These drugs are often given to residents with dementia not to treat a medical condition, but to make them easier to manage.

Chemical restraints can strip away a person’s autonomy and lead to serious health issues, including confusion, falls, and loss of independence.  

What You Can Do to Protect Your Loved One

If you believe your loved one is being subjected to physical or chemical restraints, you have the right to take action:

1. Ask questions: Find out why the restraint is being used and ask about alternatives.
2. Know the law: Your loved one has the right to be free from unnecessary restraints under § 483.12.
3. Get help: If you need assistance, contact your Long-Term Care Ombudsman Program or seek legal advice. 

How Olsman MacKenzie Peacock Can Help

At Olsman MacKenzie Peacock, we are dedicated to protecting the rights of nursing home residents. If your loved one has been harmed by the inappropriate use of restraints, we can help you seek justice. Our experienced attorneys will investigate the situation and fight to hold the nursing home accountable for their actions. 

Contact us today if you believe your loved one has been subjected to unnecessary restraints. We are here to ensure that they receive the care, respect, and dignity they deserve.