to restrain patients or residents who have dementia or to avoid the need to periodically check on them) For the staff’s convenience as opposed to patient or resident safety (e.g.The most common reasons for the inappropriate use of physical restraints are: Essentially, California is facing an epidemic of physical restraint overuse in long-term care facilities. Similarly, assisted living facilities utilize physical restraints at an alarming rate. Unfortunately, skilled nursing facilities in California resort to the use of physical restraints at a rate, which is approximately 1.5 times higher than the rest of the United States. Pursuant to the California Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”), “physical abuse” includes the use of a physical restraint “or any purpose not authorized by the physician and surgeon.” California Welfare & Institutions Code § 15610.63. It is much easier to simply restrain an elderly patient than to provide the requisite attention and physical assistance, which is why understaffingof skilled nursing facilities is the leading cause of misuse of physical restraints. However, when physical restraints are used without a medical reason, excessively, without the consent of the patient or his / her responsible party, or just for the convenience of an assigned nurse or caregiver, this practice constitutes elder abuse. In some cases, in order to prevent patients from injuring themselves or others, a physical restraint may become necessary. Guide by – Los Angeles Nursing Home Physical Restraint AttorneyĪ Los Angeles nursing home physical restraint attorney at Cherepinskiy Law Firm will fight zealously to vindicate the rights of those patients whose freedom of movement, dignity, and autonomy had been stolen through the use of unwarranted physical restraints in the hands of nursing homes and assisted living facilities.
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