Physical and Chemical Restraints

The dedicated advocates at the Law Offices of John C. Manoog, III represent people who have been injured in a wide range of accidents at assisted care and similar facilities. Nursing home residents – and their families – put a lot of trust into facility operators. We understand just how painful and stressful it can be when nursing home staff members betray that trust, whether this involves overmedication or the inappropriate use of physical and chemical restraints. Our Cape Cod nursing home abuse lawyers provide more than a century and a half of combined legal experience to help ensure that the people whom we represent advance their rights to the compensation that they deserve for their injuries. We are committed to guiding clients through the legal process and standing by them at every step of the way.

Providing a safe and secure living environment for a large group of older people is a complex job. Residents who are advancing in age or suffer from dementia, Alzheimer’s, and other related impairments are often at risk of wandering off the property or into hazardous situations at the facility. Unfortunately, some nursing home operators try to take shortcuts by using physical and chemical restraints to make residents less mobile. This is not only unethical. It can also be dangerous for the person restrained.

Some nursing homes, for example, have been caught giving antipsychotic drugs intended for patients with specific mental conditions to a wide range of residents who do not need the medication in an attempt to sedate them. Those drugs carry potential physical and mental risks. In other situations, nursing home staff members have been caught for using straps and other physical restraints to keep residents in their beds or their rooms. The problem is that this means that the resident may not be able to move in the event of an emergency. In some cases, nursing home staff members have left residents restrained for hours at a time.

If you or a loved one has been injured as a result of being restrained in a nursing home, you have the right to retain an attorney to seek compensation from those responsible. The damages typically available in these cases include compensation for current and future medical bills, as well as for pain, suffering, and emotional distress. In tragic cases in which a nursing home resident dies, the person’s family has the right to sue the facility owner and operators for wrongful death.

Massachusetts law holds nursing home staff and operators liable for their actions based on a negligence standard. Nursing home negligence is a form of medical malpractice. The question in these cases is whether the home’s operators or staff lived up to a “duty of care” that reflects their experience and training. In other words, would a reasonable nursing home staff member use physical or chemical restraints under the circumstances? If the answer is no, the defendant is negligent and likely to be responsible for any injuries that occur as a result.

At the Law Offices of John C. Manoog, III, our attorneys have been representing Massachusetts clients in nursing home negligence and other personal injury cases since 1994. We work diligently to build strong cases for our clients, we make every effort to resolve cases favorably without long court battles, and we stand ready to fully litigate cases when needed. Our firm has a strong track record of wins for the people whom we represent, including a number of previous six- and seven-figure settlements. We proudly offer free consultations at our offices in Hyannis and Plymouth. We are also available to travel to you if you cannot make it to us. Our firm does not charge a fee in most of our nursing home abuse cases unless we are successful on your behalf. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.