Restraint Injuries in Pennsylvania Nursing Homes

Residents have a right to be free from restraint used for discipline or convenience.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Nursing home residents have a right to be free from physical or chemical restraints imposed for discipline or convenience rather than to treat a medical symptom. Restraints cause real harm, including pressure sores, muscle wasting, incontinence, agitation and death from entrapment.

The rule

Restraint is permitted only to treat a resident’s medical symptom, with a physician order, informed consent, monitoring and a plan to reduce and remove it. Restraint for discipline or for staff convenience is prohibited.

In practice, restraint used because there are not enough staff to supervise safely is restraint for convenience, whatever the paperwork says.

What counts as a restraint

More than people expect:

  • Bed rails that a resident cannot lower.
  • Lap belts, trays and tables that prevent rising.
  • Chairs a resident cannot get out of, including deeply reclined ones.
  • Tucking sheets tightly enough to restrict movement.
  • Placing a walker or wheelchair out of reach.
  • Medication used to sedate rather than to treat a diagnosed condition.

The harms are physical, not just dignitary

Immobility from restraint produces pressure sores, muscle wasting and contracture, incontinence, constipation, pneumonia and rapid functional decline. Restrained residents frequently become more agitated rather than calmer.

Entrapment and strangulation in bed rails and lap belts remain a recognized cause of death, particularly where a resident attempts to climb over or slide under a restraint.

The paradox families should know

Restraints are often justified as falls prevention, and the evidence does not support that. Restrained residents lose strength and balance, and injuries frequently increase. A facility explaining a restraint as being for the resident’s safety is making a claim that can be tested.

What to ask and request

What is being used, who ordered it, what medical symptom it treats, what consent was obtained, how often the resident is monitored and released, and what the plan is to reduce it.

Then request the physician orders, the care plan and revisions, restraint monitoring records, consent documentation and the medication administration record.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

Are restraints allowed in Pennsylvania nursing homes?

Only to treat a medical symptom, with a physician order, informed consent, monitoring and a plan to reduce and remove them. Restraint for discipline or staff convenience is prohibited, and restraint used because there are not enough staff to supervise safely is restraint for convenience.

What actually counts as a restraint?

More than families expect: bed rails a resident cannot lower, lap belts, trays and tables preventing rising, deeply reclined chairs, tightly tucked sheets, placing a walker out of reach, and medication used to sedate rather than to treat a diagnosed condition.

They said it is for her safety, to stop her falling.

That is the standard justification and the evidence does not support it. Restrained residents lose strength and balance and injuries frequently increase. It is a claim that can be tested against the care plan, the monitoring records and what happened to her mobility.

What harm do restraints actually cause?

Pressure sores, muscle wasting and contracture, incontinence, constipation, pneumonia and rapid functional decline, along with increased agitation. Entrapment and strangulation in bed rails and lap belts remain a recognized cause of death, particularly where a resident tries to climb over or slide under.

What should I ask the facility?

What is being used, who ordered it, what medical symptom it treats, what consent was obtained, how often she is monitored and released, and what the plan is to reduce it. Then request the physician orders, care plan, restraint monitoring records and consent documentation.

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Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980