How Can I Tell If My Loved One is Improperly Restrained in Tennessee?

When you visit your loved one in a nursing home, you may see things that do not seem right to you. The best thing to do is trust your instincts. There are people at the nursing home who should be able to tell you why something is being done, or not being done, for your loved one, including a social worker who is there to assist residents. In addition to speaking up if something is unusual, there are steps that you can take and questions that you can ask to help protect your loved one.

What medications are being administered?

This is something that you can talk about with your loved one or discuss directly with the medical personnel if you have been designated as the legal agent. Take note of the different drugs and dosages and do some research on your own. Cross reference the resident’s known medical conditions with the medications being administered and see if there are any inconsistencies.

Are there risk factors to being restrained?

There are certain patients who face a greater likelihood of being restrained. Every resident has an assessment plan done when they move into a nursing home. This plan includes a comprehensive analysis of medical conditions, special needs, and interests. If the plan talks about a high risk of falls, a tendency for the resident to wander, a combative or disruptive nature, or aggressive behavior, then pay attention. These are all reasons that a nursing home will use restraints. Make sure you talk to management about your concerns.

Can I see the doctor’s order to use restraints?

You absolutely should be able to review this document, which must be written and available for review pursuant to the Nursing Home Reform Act of 1987. This directive should include the type of restraint, when the restraints will be used, and how long the restraints can be used. For example, if the patient may be confined to the bed through the use of bed rails, is this only until the triggering behavior subsides or is there a longer period prescribed.

Can I talk to the doctor about changing his orders?

The use of restraints should not be a permanent solution to a problem. You definitely should talk to the doctor, with your loved one or as the agent, to discuss alternatives and to be certain that the information that the doctor has is up-to-date. Things change all the time and the nursing home environment may not lend itself to the prompt and effective communication of information.

One of the things that a family member can do is vary the times of visits so that the staff cannot hide things based on an anticipated visit. If you suspect the improper use of restraints, talk to the administrator in charge of the facility. Also report your suspicions to the facility social worker. If this does not seem to be effective, then report the suspected abuse to the police.

Many times, people with a family member in a nursing home allow themselves to be convinced that their fears are baseless by the very staff members who are abusing or neglecting their loved ones. If you believe that your loved one has been injured by the negligence or intentional actions of nursing home staff members, do not hesitate to come discuss your situation with our dedicated nursing home attorneys at Greer Injury Lawyers, PLLC. We will sit down with you during a free and confidential consultation and develop the strategy that works best for you and your family. Please call us at (888) 470-9143 to set up an appointment.