
When we hear physical restraints, we may not think about nursing home residents. Sadly it is true that physical restraints on nursing home residents are used. They can also be common. Unfortunately, excessive restraints could also be deadly. The use of physical restraints in nursing homes is not per se illegal, but there are certain limitations that nursing homes have on using physical restraints. They cannot use these restraints excessively and in a manner which restraints a resident’s freedom unnecessarily and without a doctor’s order. They could be used to prevent immediate harm to themselves or another, but that is in exigent circumstances. However, this does not matter to some nursing homes. And the excessive use of physical restraints in nursing homes through Oregon is a serious issue. Our Oregon nursing home abuse lawyers explain this important issue and why it could mean compensation for your loved one’s injuries.
Physical restraints are any type of device that can restrict a nursing home resident’s freedom. Actually, it could be either a nursing home, assisted living facility, hospital, rehabilitation center, or any other type of facility for elderly adults. While the first thing that may come to mind with physical restraints are handcuffs and hand/leg ties, there are many other types of physical restraints that could be used. This includes objects which a person many not even realize that they are physical restraints.
For example, the use of bedrails is a physical restraint. The use of bedrails on all ends of the bed is a very restrictive means because it keeps a resident completely on the bed.
Another type of physical restraint could even be placing furniture in front of or along the bed. This means that a resident could not just swing over and out of bed because there is furniture along the bed. If a resident cannot push past that furniture, that is also a type of physical restraint. This is also a type of nursing home abuse.
Locking a door could also be a physical restraint. Unfortunately, nursing homes sometimes could lock a resident in to prevent wandering and elopement. This is the “lazy” way of monitoring a resident, and it is always an illegal way. This is a completely restriction on a resident’s freedom. It is also dangerous because a resident could fall or need help inside but has no way to escape or get help, especially in a fire.
Unfortunately, some nursing home staff could also use other inappropriate means of physical restraints. This includes placing a resident in a corner facing the wall and locking the back of the wheelchair. This could prevent a resident from getting out of the chair and pushing away, which is unlawful and even looks like a punishment.
Another very illegal and dangerous way of restraining a resident is placing heavy objects like books or furniture on top of a resident in a bed. This includes on their hands to prevent them from moving. This happens with very frail or elderly residents who could be physically restrained by placing heavy objects on their limbs. A staff member may do this in an effort to not appear to be restraining a resident by use of ropes or ties, but it is equivocally the same.
If you or a loved one have been seriously injured or killed as a result of nursing home abuse or neglect contact the Oregon Nursing Home Abuse Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take Nursing Home Abuse cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.