Tampa Nursing Home Restraints Lawyer
Physical abuse is a shockingly common problem in Florida’s nursing homes and long-term care facilities. It should go without saying that nursing home staff should never hit or strike a resident. But physical abuse can also take the form of improperly using restraints to confine a resident against their will.
Not all use of restraints are illegal in Florida nursing homes. But there are strict rules that facilities need to follow to justify such force. And if your loved one has been subject to an excessive use of restraints, you can take legal action to protect their rights. An experienced Tampa nursing home restraints lawyer can review the situation and advise you and the affected resident of their options for seeking compensation and other legal remedies.
Florin Gray is a dedicated team of Florida nursing home abuse and neglect attorneys who represent residents and family members in seeking justice. Our lawyers provide personalized, hands-on service. We do not foist our clients off on non-legal staff. Instead, our lawyers work together to provide the best possible service for people who are already in a vulnerable state and need help from the law.
When Can Long-Term Care Facilities Legally Use Physical or Chemical Restraints on Residents?
Florida law states that nursing homes and similar facilities must support “a culture of individual empowerment and responsibility.” This means placing the health and safety of the resident above all other considerations. To that end, the use of physical restraints is only permitted under limited circumstances. Some of the key restrictions on their use include:
- Any order for physical restraints must be made in writing by a physician, physician assistant, or advanced practice registered nurse.
- Any order for physical restraints must be consistent with policies and procedures previously adopted by the facility. The resident or their legal representative must be informed of such policies upon admission.
- Chemical restraints–i.e., medication–must be limited to prescribed dosages ordered by a licensed medical professional and consistent with the facility’s written policies.
- Except in emergency situations to protect the resident from an immediate risk of injury or death, any medication prescribed as a chemical restraint must be re-evaluated by their physician or other licensed medical professional at least once a month.
- The facility must make a “reasonable effort” to notify the resident’s family or legal representative within 24 hours of the use of restraints or forced seclusion against the resident.
Restrained Today, Contact Florin Gray
Physical and chemical restraint of a resident should always be a last resort. And restraint must always preserve a patient’s health and safety. It cannot be used to “discipline” or punish residents who displease nursing home staff.
If you have knowledge of a situation where restraints have been improperly or illegally used, it is important to step forward and take legal action. Our skilled Tampa improper use of restraints by nursing home lawyer can help. Contact Florin Gray to schedule a free consultation.