When a loved one is placed in a nursing home, families trust that they will receive not only the basic care they need but also dignity, respect, and protection. Unfortunately, some nursing homes violate this trust by using unnecessary and harmful physical restraints on residents.
If your loved one has suffered harm due to nursing home restraint injuries, you must act quickly. In Illinois, the law provides explicit protections for vulnerable adults, and our Chicago Injury Lawyer team helps you seek justice. Contact our Chicago nursing home restraint injuries attorney to discuss your case and take swift action on your behalf.
Why You Need Our Chicago Nursing Home Restraint Injuries Attorney
Dealing with the aftermath of a nursing home restraint injury can be overwhelming, both emotionally and legally. At Chicago Injury Lawyer, we ensure your case is handled effectively and you receive the maximum compensation. The process of filing a personal injury claim or wrongful death lawsuit can be complicated, especially when dealing with large nursing home corporations.
What a Nursing Home Restraint Injuries Lawyer Can Do:
- Investigate the Incident: Your attorney will review medical records, incident reports, and witness statements to determine how the injury occurred.
- Negotiate with Insurance Companies: Nursing homes and insurers often try to settle quickly. Our lawyer will ensure that any settlement offer is fair and reflects the full extent of the damages.
- File a Lawsuit: If necessary, your lawyer will file a lawsuit on your behalf, taking the case to trial to fight for justice.
- Advocate for Your Family: Chicago’s Personal Injury Attorney’s legal team understands this is a difficult time. We will handle the legal complexities so that you can focus on your family.
Nursing home abuse cases are time-sensitive. In Illinois, statutes of limitations govern how long you have to file a lawsuit. For personal injury claims, the general time limit is two years from the date of the injury. For wrongful death claims, you typically have two years from the date of death. If you wait too long, you may lose your right to pursue compensation.
What Are Nursing Home Restraint Injuries?
Nursing home restraint injuries occur when nursing home staff use physical or chemical restraints on residents inappropriately or excessively. Physical restraints include devices like straps, belts, or even physical force to limit a resident’s movement. Chemical restraints involve the use of medication to sedate a resident without their consent.
These restraints are sometimes used in situations where less restrictive measures would be more appropriate, such as in cases of wandering, aggression, or confusion. However, when misused or overused, these restraints can lead to serious consequences, including:
- Physical injuries: Bruises, cuts, and broken bones from restraint devices.
- Psychological harm: Anxiety, depression, and post-traumatic stress from the use of restraints.
- Death: In severe cases, improper restraint techniques can lead to suffocation, choking, or cardiac arrest.
Types of Restraint Injuries in Nursing Homes
Several types of injuries can result from the misuse of restraints in nursing homes:
Bruising and Abrasions
When used improperly, physical restraints, such as belts or straps, can cause painful bruising and cuts.
Fractures
Restricting a resident’s movement can lead to falls or bone fractures, particularly in older individuals with brittle bones.
Asphyxiation
In rare but severe cases, improper use of restraints can lead to asphyxiation or difficulty breathing, resulting in death.
Psychological Effects
The use of restraints, especially when used excessively, can cause extreme emotional distress, leading to anxiety, confusion, or depression.
Pressure Ulcers
Prolonged use of physical restraints can lead to painful bedsores or pressure ulcers, which are difficult to treat and can become infected.
If you suspect that nursing home restraint injuries may be occurring at your loved one’s, it’s essential to take immediate action.
Illinois Law and Your Rights For Nursing Home Restraint Injuries
In Illinois, the law provides strong protections for individuals who suffer from restraint injuries in nursing homes. Nursing homes are legally obligated to provide care that meets state and federal standards, ensuring that residents are treated with dignity and respect.
Illinois Nursing Home Care Act
The Illinois Nursing Home Care Act is the primary law governing the care of residents in nursing homes. This law mandates that nursing homes provide services that respect residents’ rights and ensure their health, safety, and well-being. Among other things, the Act prohibits the use of physical restraints unless they are necessary for medical treatment or to prevent harm to the resident or others.
When restraint injuries occur, families have the right to pursue a personal injury lawsuit, seeking compensation for the pain and suffering of the injured resident. If the injuries lead to death, a wrongful death claim can be filed to hold the nursing home accountable and seek justice on behalf of the deceased.
Key Provisions of the Nursing Home Care Act:
- Right to Dignity and Respect: Every resident has the right to be treated with dignity and respect, free from abuse, neglect, and unnecessary physical restraint.
- Use of Restraints: Restraints should only be used as a last resort and must be removed as soon as possible once the resident no longer requires them. They cannot be used for punishment, convenience, or staff ease.
- Informed Consent: Residents (or their legal representatives) must be fully informed and give consent before restraints can be applied.
Other Relevant Laws in Illinois
- The Federal Nursing Home Reform Act: This Act, part of the Omnibus Budget Reconciliation Act (OBRA), also restricts the use of restraints in nursing homes and ensures that residents receive the care and services they need.
- The Adult Protective Services Act: This law provides additional protection for vulnerable adults, including those in nursing homes, from abuse, neglect, and exploitation.
What Should You Do if Your Loved One Suffers Restraint Injuries?
If your loved one has been injured or harmed due to restraint in a nursing home, it’s crucial to take action immediately. The sooner you get legal help, the better your chances of gathering critical evidence, pursuing a claim, and securing compensation. Below are the first steps to take:
- Document the Injury:
Take detailed notes and photographs of any injuries sustained. Record dates, times, and the circumstances surrounding the incident.
- Notify the Nursing Home:
Alert the facility’s management to the incident and request a full investigation. Ask for copies of any incident reports or medical records related to the injury.
- Contact a Lawyer:
An experienced nursing home restraint injuries lawyer in Chicago can help you understand your rights and guide you through the legal process. They will help you gather evidence, determine the value of your claim, and represent you in court.
Call Chicago’s Personal Injury Attorney For FREE!
If your loved one has been harmed due to nursing home restraint injuries, it’s critical to act quickly.
Call us today at (312) 261-5656 for a FREE consultation, or email us. You can also reach us through our online contact form for prompt assistance. Don’t let your loved one’s suffering go unnoticed—let Chicago Injury Lawyer help you get justice.
Frequently Asked Questions
What are the signs that my loved one may have suffered from restraint injuries?
Look for bruising, cuts, fractures, or signs of psychological distress, such as anxiety, depression, or confusion. If you notice any of these, you must seek legal help immediately.
Can I sue a nursing home for wrongful death due to restraint injuries?
Yes, if your loved one died as a result of restraint injuries, you can file a wrongful death claim. A lawyer can help you navigate this process and pursue justice for your family.
How do I prove that the nursing home is responsible for my loved one’s injuries?
Proving responsibility involves gathering evidence such as medical records, witness testimony, and incident reports. Your attorney will help investigate the case and build a strong claim.
What kind of compensation can I expect from a nursing home restraint injury case?
You may be entitled to compensation for medical expenses, pain and suffering, emotional distress, and loss of companionship. However, in cases of wrongful death, funeral expenses and loss of income may also be allowed.
How long does it take to resolve a nursing home injury case?
Each case is different. Some may be resolved through settlement, while others may go to trial. Your lawyer will keep you informed every step of the way.
