What You Need to Know About Chemical Restraints in Nursing Homes
Chemical restraints refer to the administration of drugs by nursing home caregivers to inhibit a resident’s movement or freedom. These are typically used to restrain or sedate a resident, often because the caregiver lacks the resources to handle the situation or as a form of punishment. The most common chemicals used for this purpose include anti-anxiety medications or sedatives.
It is illegal for nursing homes or caregivers to use chemical restraints, just as it is illegal to use any other type of restraint on a resident. Caregivers can only administer medications that are prescribed for the treatment of a diagnosed medical condition.
Things to Do If You Suspect Chemical Restraints Are Being Used
Observe and Document Behavior
- Monitor for Signs: Look for excessive sedation, behavior changes, or unexplained drowsiness.
- Keep Records: Document suspicious behavior with dates, times, and any witnesses.
Ask Questions and Demand Answers
- Talk to Staff: Speak directly to the nursing home staff and management.
- Request Information: Ask why certain medications were given and request to see medical records.
Understand the Legal Guidelines
- Know the Laws: Familiarize yourself with state and federal laws on chemical restraints.
- Know the Protocols: Understand your loved one’s rights and the proper procedures for administering medication.
Consult with a Medical Professional
- Get a Review: Have an independent doctor review your loved one’s medications and treatment plan.
- Ensure Appropriateness: Make sure the prescribed medications are appropriate for their diagnosed conditions.
When Are Chemical Restraints Used?
Chemical restraints should never be used as a first option. They may only be considered when necessary to protect the resident or others from harm and when all other interventions have failed. Even in such cases, the use of chemical restraints must be:
- Authorized by a physician.
- Carefully documented in the patient’s medical file.
- Limited in duration and dosage to what is medically necessary.
Common Types of Chemical Restraints
Medications commonly used as chemical restraints include:
- Antipsychotics: Used to manage psychiatric disorders but can be misused for sedation.
- Benzodiazepines: Typically prescribed for anxiety but can cause significant sedation.
- Dissociative Medications: These can alter perceptions and behavior, often used inappropriately.
- Sedatives: Intended for calming severe agitation but can lead to excessive drowsiness.
Both state and federal laws strictly regulate the use of these medications. Caregivers must obtain consent from the resident or their legal representative and must have a legitimate medical reason for their use.
What to Do If Chemical Restraints Are Used
Seek Immediate Medical Attention
- Ensure your loved one is safe and healthy. Contact their primary care physician if necessary.
Report the Incident
- File a complaint with the nursing home administration and relevant regulatory agencies.
- Document the complaint process and keep copies of all communications.
Consult a Nursing Home Abuse Lawyer
- Contact a lawyer specializing in nursing home abuse to discuss your case.
- Gather all evidence, including medical records and witness statements, to support your claim.
Do You Have Questions About Chemical Restraints in a Nursing Home?
If your loved one was administered chemical restraints without your approval or their consent, you may have a legal case. Administering chemical restraints without following the proper protocols, even in an emergency, is considered abuse or neglect. Even when a physician approves the emergency use of a medication due to a person’s safety, it’s not typically referred to as a restraint.
In most cases, chemical restraints are used by an overwhelmed caregiver who may not realize the severity of the issue. Regardless, the use of unapproved chemical restraints is considered nursing home abuse. If you have questions, it’s important to reach out to your loved one’s nursing home and consider speaking with a lawyer to determine if it’s considered abuse.
Contact Sugarman Law Today to Discuss Your New Jersey Nursing Home Abuse Case
At Sugarman Law, we are dedicated to protecting the rights and dignity of seniors in nursing homes and care facilities. Our experienced nursing home abuse attorneys provide compassionate and effective legal representation to victims of neglect and abuse throughout New Jersey, including Jersey City, Paterson, Union City, and Westfield. If your loved one has suffered due to nursing home negligence, contact us today for a free consultation. Visit us at our conveniently located offices in Somerville and Marlton, NJ. Let us help you seek justice and ensure your loved one’s safety.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
