Improper Use of Restraints
The news is full of reports detailing horrific incidences of abuse in nursing homes throughout the United States, including Florida. The Sunshine State has a higher population of elderly individuals compared to many other states, which makes nursing home abuse and neglect an important issue for residents. We trust nursing homes to take care of our loved ones, especially when we are unable to provide them with around-the-clock medical care and assistance. Many residents have disabilities, physical conditions, or cognitive impairments that leave them vulnerable. Although the majority of facilities adhere to their duty to provide sufficient care to these residents, some staff members take the opportunity to engage in abusive and exploitative conduct. One of the most serious forms of nursing home abuse is the use of improper restraints on a resident. At Donaldson & Weston, our Stuart nursing home abuse lawyers have counseled victims and their families throughout St. Lucie, Palm Beach, and Martin Counties. We are standing by to put our skills and experience to use for you.Abuse Involving the Improper Use of Restraints in a Nursing Home
There are many nefarious reasons why nursing home staff may engage in the improper use of restraints. If a resident suffers from emotional or mental conditions, the staff may use these restraints to address the resident’s agitation instead of providing compassionate and appropriate assistance. They may also use restraints as a form of punishment or control, intending the restraints to intimidate the resident or to encourage a certain type of behavior. Whatever their justification, it is never acceptable for a nursing home to engage in the improper use of restraints. Florida has enacted broad protections for nursing home residents, including the right to a clean, safe, and homelike environment. When it comes to the improper use of restraints, this act violates many of the clearly defined protections that nursing home residents are entitled to enjoy. In fact, Florida has expressly prohibited the use of physical or chemical restraints in these environments.
Additionally, nursing home residents have the right to receive adequate and appropriate health care and the right to refuse any treatment that is offered under the guise of medical assistance. Nursing home residents also have the right to be informed about their medical care and treatment, and they are meant to be free from mental abuse, physical abuse, and any extended involuntary isolation. When it comes to reporting misconduct, nursing home residents have a right to file grievances, to engage in private communications, and to socialize with anyone of their choosing.
If you find out that a nursing home has been using restraints improperly on you or on a loved one who is a resident at a nursing home, you can bring a negligence action against the facility to recover compensation. In this lawsuit, your attorney must prove that the facility failed to render appropriate and reasonable care to the resident and that this failure was the cause of the injuries that the resident suffered. This standard of care not only encompasses appropriate medical attention, assistance with daily tasks like hygiene, and a prohibition against physical abuse, but also it encompasses all of Florida’s laws providing protections for nursing home residents. To help establish a lack of appropriate care, it is critical to gather as much evidence as possible, including photographs, medical reports, eyewitness statements, and any other evidence that can show that the facility used restraints improperly. A plaintiff who is successful in establishing liability is entitled to recover compensation for any medical bills associated with their injuries, as well as compensation for emotional pain and suffering. A nursing home abuse lawyer can help you analyze your claim and ensure that you seek the full amount of compensation that you deserve.Meet With a Tenacious Stuart Attorney to Discuss Your Rights
Nursing home abuse is a traumatic event that often leaves permanent physical or emotional scars on the victim and their family. At Donaldson & Weston, our compassionate team of elder law attorneys has handled cases in cities such as Stuart, Port St. Lucie, and Jupiter. As your family and you cope with the aftermath of physical, emotional, or financial abuse, we can ensure that your legal rights are asserted to their fullest extent throughout the legal process and that you receive the responsive counsel that you deserve. To schedule your free consultation, call us now at 772-266-5555 or contact us online to get started.