Can Florida Nursing Homes Use Physical Restraints On Residents?

Physical abuse in nursing homes is illegal and intolerable, but it is important to understand that misconduct can come in forms you may not expect. One of the most heartbreaking types of mistreatment is improper use of restraints, such as ties around the wrists or ankles. Florida law imposes very specific requirements for use of physical restraints in nursing homes, so officials may investigate, levy fines, or enforce other penalties for violations. These are effective steps for protecting the public, but they do not address individual losses.

While it is true that nursing homes can implement restraints under certain circumstances, far too may rely on them for unlawful reasons. Under the guise of protecting the resident, assisted living centers put profits first. A Miami nursing home injury lawyer can help with remedies for holding these facilities accountable, and some information is useful as a background. 

Legal Criteria for Restraints 

The statute starts off by stating that the safety of the resident is the primary concern with determinations on use of physical restraints. It provides the prerequisites for implementing these measures, along with documentation responsibilities. Specifically, the nursing home:

• May only use physical restraints when ordered and documented by a physician or related medical professional
• Must implement these devices in accordance with the policies adopted by the nursing home
• Shall inform the resident, loved ones or other legal representatives about policies on use of physical restraints upon admission

Reasons Nursing Homes Use Physical Restraints 

A facility makes a responsible decision in imposing these measures when necessary to prevent residents from harming themselves. Simple acts like rising from a chair, using the restroom, or getting out of bed can lead to serious injuries for individuals with mobility issues.

However, assisted living facilities facing financial difficulties or issues with understaffing may rely on physical restraints for reasons that contravene the legislative intent of the statute. Residents with dementia, mental challenges, or other conditions make them “difficult” from the perspective of the caregiver.

Common Restraints Used in Nursing Homes 

When residents wander or create other nuisances that disrupt staff, some facilities and their employees might resort to:

• Wrist and ankle straps
• Belts
• Specially fitted wheelchairs
• Bedrails
• Hand mitts or gloves
• Lap trays or tables 

In addition, though much of the above pertains to physical restraints, medication as a form of control is also illegal in many cases. The statute includes requirements on prescriptions for sedatives, painkillers and psychiatric drugs. Use of chemical restraints must also be ordered by a physician and be covered in the facility’s policies.

Speak to Our Florida Nursing Home Injury Attorney About Your Options 

If you have concerns about use of physical or chemical restraints in an assisted living environment, time is of the essence to retain experienced representation. Our team at Freidin Brown, P.A. can advise you on options for getting a resident to safety, but we are also ready to take legal action for nursing home misconduct. For more information, please contact our offices in Miami or Fort Myers, FL to set up a free consultation.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0400/Sections/0400.9979.html