If you've learned that a loved one who lives in a nursing home has been physically restrained for a prolonged period of time, you have a right to be outraged. Knowing that a family member has been subject to this type of discomfort and emotional stress should prompt you to hire a nursing home abuse attorney who represents the victims of this abuse. Your lawsuit will seek damages to compensate your family for your loved one's hardship, and you can expect a fight. The nursing home will likely argue that your family member needed to be in restraints. You and your attorney can counter by asking the following thoughtful questions.
What Other Calming Methods Did You Use First?
Nursing homes may occasionally have justification for restraining a patient, but you probably believe that this justification didn't exist in your family member's case. You and your attorney will want to ask what other calming or control methods were used before a nursing home employee put your loved one in restraints. If the answer is that the restraints were the first control method, this may help your argument that the nursing home acted in an aggressive and negligent manner with your family member.
Why Did He/She Need The Restraints?
Don't be afraid to ask the nursing home and its legal team by your loved one apparently needed the restraints. The manner in which the other side answers this simple question can be illuminating. For example, if the answer is vague or otherwise unsatisfactory, your attorney will ask a series of follow-up questions that can put the nursing home on the defensive. Any experienced nursing home abuse attorney will have dealt with other cases involving the improper use of restraints, and can aggressively question the other side based on how it responds.
Who Was In Danger?
Even if you don't agree with the use of restraints, there might be a part of you that can understand their value if your loved one's behavior was dangerous to someone else. For example, if the nursing home had to use restraints after your family member punched a nurse, this might make sense. Asking who was in danger can be a good question for helping your case. Unless the nursing home can specifically explain a situation in which your family member had caused or was threatening bodily harm to other individuals, your attorney may deem the use of the restraints to be cruel.