“I Think the Nursing Home is Drugging Grandma”

You go to visit your elderly relative in the nursing home. Over time, you noticed that she is a little less vibrant than she used to be, a little more likely to be asleep when you come by. You chalk it up it age; after all, we all slow down a bit as the years roll by.

But what if it isn’t age-related? What if the reason is your normally feisty grandmother is being chemically restrained by the nursing home staff? If this is the case, you may be able to file a claim against the facility for the abuse of your loved one.

The purpose of restraints

There are some legitimate reasons why a nursing home will use restraints: perhaps your loved one just had surgery and could do him or herself harm by moving; perhaps he or she is in a fit of delusion, and posing a danger to him/herself or others. Some facilities may use restraints to keep residents from falling out of the bed at night. In situations like these, physical restraints, such as guardrails on the bed, may be used. Chemical restraints, i.e., medication used to calm a patient down or to induce sleep, may also prove helpful.

It is when the nursing home is continuously “restraining” your loved one that a case for abuse may apply.

Examples of negligently using restraints

Nursing homes use physical or chemical restraints beyond the purpose of resident safety for a number of reasons:

• They are ill equipped to handle their charges. Lack of proper education or training can lead new (and “experienced”) attendants to use restraints out of frustration or anxiety. They do not know how to fix a problem, so they chemically induce a calmer mood, or keep the resident physically restrained out of panic. It is not malicious, but it is negligent and illegal.
• They are understaffed or overbooked. When there are too many patients and not enough staff members, corners get cut. Restraining a resident may be a way for staff members to “keep an eye out” on their patients by ensuring they cannot ask for anything – even basic necessities, like food, water, help in the bathroom or medicine.
• They want the residents to know who is in charge. This is, admittedly, a bit of a doomsday scenario; after all, most nurses and doctors care deeply about their patients. But if the staff includes someone who feels his or her power is being threatened, a resident may be restrained as a “warning” to that resident or others.
• They forgot. Neglect is the true danger in nursing homes. A patient who is delusional or dangerous, or who has issues with mobility, may have been restrained for a valid reason – and then the staff simply forgot to check back in on that patient. Again, this is not malicious, but it is absolutely negligent.

If you notice that your family member has new bruises or cuts, or seems overly medicated, you should speak with the director of the facility as well as any doctors on staff. If possible, try to visit your loved one on different days and at different times, to see if there is a vast difference in how he or she behaves. Ask the staff for regular updates on your loved one’s condition. If you think you are being denied the truth, consider purchasing a “nanny cam” and placing it in your loved one’s room – and then come see us. Plaxen Adler Muncy, P.A. has been helping families in Maryland for more than 35 years. If you believe your loved one is being abused or neglected in a nursing home or assisted living facility, we can help. Please call 410-730-7737 or fill out our contact form to reserve a free consultation time with an experienced Baltimore nursing home neglect lawyer.