Physically or chemically restraining a resident can be a legitimate form of care in protecting the individual from harming themselves and others. However, if staff members act out of malice and not to protect the resident, it may be abuse. The Milwaukee elder abuse attorneys  at Aiken & Scoptur, S.C., in Milwaukee, Wisconsin, will seek damages for any injuries caused by the elder mistreatment.

Restraints can take the form of a device or material used to limit freedom of movement or access to one’s own body. Chemical restraints are drugs used solely to restrict movement. It is an extreme measure for protection when used under the right circumstances, and draconian if abused.

At Aiken & Scoptur, S.C., our elder abuse attorneys have vast experience in elder mistreatment cases and treat allegations of physical and chemical abuse very seriously. Simply put, nursing homes do not have the right to use physical or chemical restraints unless it is part of a medical treatment program or there is a documented risk of harm to the resident or to others.

Physical and chemical restraints are often wrongfully used as a means to deal with a problem resident who deserves a proper course of evaluation and treatment. The practice can also be unnecessarily punitive. Restraints may have a place in a nursing home setting, but they should only be used when absolutely necessary and as a last resort. Misuse is a violation of the Nursing Home Residents’ Bill of Rights Unless there is the potential for great harm, every nursing home resident has the right to refuse restraints and those rights must be protected.

Speak to an Elder Abuse Lawyer Today

If your loved one was unnecessarily restrained against their will, we will help you hold the nursing home accountable. For more information or to schedule an appointment with an experienced elder mistreatment attorney, call (414) 914-2803 or schedule a free consultation with one of our attorneys.