When families place a loved one in a nursing home, they trust that person will be safe, respected, and treated with compassion. Yet across the country, residents are still being injured and sometimes killed because of the improper use of physical restraints.
In a recent U.S. News & World Report article, Steve Levin, founding partner of Levin & Perconti, shared insight from his nearly 50 years of experience representing victims of nursing home abuse. One of the most devastating cases he handled involved a resident who suffocated after becoming trapped between a bedrail and their mattress.
“If you’re going to use restraints for a nursing home resident, it is the exception—not the rule,” Levin explained to U.S News. “All nursing home residents are entitled to be treated with dignity and respect.”
What Are Physical Restraints in Nursing Homes?
Physical restraints are any device or method that restricts a resident’s freedom of movement. Common examples include:
- Bed rails
- Lap belts or tray tables attached to wheelchairs
- Tightly tucked sheets or scoop mattresses
- Geri chairs designed to limit mobility
While some facilities claim restraints prevent falls or wandering, the risks often outweigh any claimed benefit. Restraints can cause:
- Falls and entrapment injuries
- Loss of muscle strength or mobility
- Pressure ulcers
- Emotional trauma, anxiety, and depression
- Wrongful Death
Resident Rights and Legal Protections
Federal law, through the Nursing Home Reform Act (OBRA), states that residents have the right to be free from unnecessary physical or chemical restraints.
Restraints are only legally permitted when:
- They are medically necessary and ordered by a physician
- All less-restrictive alternatives have been tried
- The restraint is closely monitored and time-limited
Both federal and Illinois state laws protect nursing home residents from restraint misuse. But when facilities cut corners, ignore care plans, or fail to train staff properly, the results can be catastrophic.
Why Do Nursing Homes Use Restraints?
Steve emphasizes that most restraint-related injuries stem from understaffing and cost-cutting, not genuine medical necessity.
“If you don’t have resources, you cut corners,” Levin said. “And it’s typically the homes that have cut corners once that do it over and over and over again.”
Facilities may use restraints out of convenience, especially when there aren’t enough caregivers to provide proper supervision. This isn’t just unethical; it’s illegal.
What Laws Make the Use of Restraints in Nursing Homes Illegal?
Federal law strictly limits when and how nursing homes can use restraints on residents. Under the Nursing Home Reform Act of 1987 (part of the Omnibus Budget Reconciliation Act, or OBRA ‘87), every nursing home resident has the right to be free from physical or chemical restraints used for discipline or staff convenience.
Restraints can only be used when necessary to treat a medical condition and with a doctor’s order. Using restraints out of convenience, for example, because a facility is short-staffed, violates residents’ rights to dignity, autonomy, and safety.
The Centers for Medicare & Medicaid Services (CMS) enforces these protections. Facilities that violate them can face citations, fines, or even the loss of their certification to participate in Medicare and Medicaid programs.
These laws are in place to protect residents’ dignity, autonomy, and safety, and to ensure that care decisions are guided by medical need, not by convenience.
Protecting Your Loved One
Families play a crucial role in preventing restraint misuse. Stay engaged and informed:
- Visit regularly and at different times of day
- Review your loved one’s care plan often
- Ask direct questions about fall prevention and mobility
- Speak up if something doesn’t feel right
If you suspect your loved one is being restrained unnecessarily or has been injured because of negligence, you have the right to seek answers and explore your legal options.
Levin & Perconti: Advocates for Dignity and Justice
At Levin & Perconti, our attorneys have represented countless families whose loved ones were harmed in nursing homes. We fight to hold negligent facilities accountable and to ensure every resident receives the dignity, safety, and care they deserve.
If you believe a family member has been wrongfully restrained or mistreated, contact us for a free, confidential consultation.
Read the full U.S. News & World Report article featuring Steve Levin here:
Understanding Physical Restraints in Nursing Homes
