Assisted living facilities provide an invaluable service to families of individuals who may be older and unable to take care of themselves, or have a chronic illness such as dementia and require personalized care. These facilities number in their thousands, and they offer varying levels of care. There isn’t much regulatory oversight in this field, however, which means that residents may suffer exploitation and harm with nothing being done to chastise or punish the perpetrators. In addition, most of the individuals who are residents at these facilities may not be able to articulate their thoughts due to poor cognitive abilities or the fear of retaliation, which then creates a vicious cycle of abuse and human suffering. Senior living facilities always present a facade of wellness and caring, but the underbelly may paint a different picture.

Physical restraints may sometimes be used in cases where a senior resident becomes agitated as a complication of their condition due to seizures or dementia-related psychosis, but they must be used in a manner that is reasonable and safe for the resident. It is important to note that senior citizens in assisted living facilities are protected under law, which presupposes that any injuries they suffer may be due to negligence on the part of the nursing home staff and management. These facilities owe your loved one a duty of care to keep them safe from injuries and hazards that may cause the same.

Should they breach this duty of care leading to the senior citizen’s injuries, they can be said to have been negligent in their actions, which may attract a personal injury claim meant to recover damages for the injuries the individual faced. These claims must however be handled by an experienced law firm as management is usually not willing to own up to the negligence, and their legal team may be too much for an individual to face up to, which is why we’d love to offer our services to your family so your loved one can receive the justice and compensation they are owed, as you will discover in this post.

Our Attorneys Are Ready to Help You

Are you looking for the best nursing home abuse injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced assisted living facility abuse attorneys at McCready Law bring to the table 90 YEARS of experience, where we’ve helped tens of thousands of injured Americans seek compensation after getting injured due to the negligent actions of individuals or corporations.

Over the decades, we’ve recovered over $260 million in judgments and settlements for our clients, and expanded to various states and cities across the country as a result. The secret to our enviable success lies in the personalized attention we give to each case, the fact that our attorneys work closely with the injured individual and their family and are accessible whenever it is needed, as well as not being afraid to litigate claims should the situation call for it as many times, litigation is the best course of action when it comes to getting the client maximum compensation under the law.

By contrast, most law firms simply engage the insurance company in settlement negotiations and due to the skewed balance of power, the injured party ends up receiving a paltry settlement amount which can barely cover his medical bills, let alone reimburse him for non-economic damages.

In addition to having nationwide reach thanks to our trusted network of referral attorneys and law firms, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If your loved one was mistreated and injured at a senior care facility, please give us a call NOW at (314) 481-63338 to learn more about your options for justice and compensation as a family – our intake team is standing by.

Physical Restraints in Nursing Home – Types, and Why They are Used

Physical restraints vary in type, but they all provide the same thing – they are designed to restrict an individual’s movement in order to protect any vulnerable individual from self-harm or environmental harm.

Here are some of the most common forms of physical restraints used in nursing homes:

Bedrails

These are installed on the sides of a bed to prevent senior citizens from falling out of bed. However, their incorrect use or lack of monitoring may lead to entrapment between the rail and mattress, causing fractures, bruising and even suffocation in some cases.

Belts or Straps

These are used to secure residents in beds or chairs to prevent wandering or falls, but must be used judiciously. This is because improper use of the same may lead to bruising or skin tears, and the extended loss of mobility may lead to bedsores and joint or muscle issues.

Chemical Restraints

This refers to the use of medications to sedate a resident, which may be necessary in some instances, but are overused in the nursing home setting. Medical intervention to restrict movement in senior citizens usually leads to dizziness, confusion, loss of consciousness, medicine interactions and even addiction.

Regulations Prohibiting the Use of Physical Restraints in Nursing Homes

There exist various laws and regulations meant to protect the rights and wellbeing of residents of assisted living facilities, and one of these is the Nursing Home Reform Act, or NHRA which was enacted to ensure these individuals are treated with dignity as well as prohibiting the use of unnecessary restraints

Some of the tenets of the NHRA include the following:

1. Residents have the right to be free from physical or chemical restraints imposed for convenience or discipline
2. Facilities must only use restraints when absolutely necessary due to medical reasons and only under strict guidelines

Some of the consequences related to the inappropriate use of restraints in nursing homes include things like bruises, skin tears, ulcerations due to being restrained for days at a time, fractures should the individual try to stand up or escape, as well as the development of depression, PTSD, and a feeling of helplessness.

Best Nursing Home Injury and Mistreatment Lawyers – Call Us Today!

If your loved one suffered unexplained bruising or had their condition worsen during their stay at an assisted living facility, please give us a call TODAY at (314) 481-63338 to learn more about your legal options for justice and compensation on behalf of your loved one. Do not speak to anyone or sign anything, or agree to anything over the phone, as doing so may invalidate your ability as a family to seek compensation for your loved one. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.