Nursing homes must strike a careful balance between keeping their residents safe and respecting their residents’ rights. Families with loved ones in nursing homes often believe it is the nursing home’s duty to prevent all harm to residents. However, it is both illegal and impossible for care providers to prevent one hundred percent of accidents and illnesses. People who live in nursing homes still have the right not to be restrained except for short periods of time when it is absolutely necessary to prevent imminent harm. Nursing home residents may refuse some types of care or some precautions and must be allowed to make their own decisions as much as possible. If your skilled care facility is being sued for an injury you could not prevent, an experienced DuPage County, IL long-term care defense lawyer can work to protect you from liability.
Falls and the Right to be Free From Restraint
Nearly everyone who lives in a nursing home is a fall risk. Nursing home residents are generally very elderly and have health issues that prevent them from living independently. Most nursing home residents have issues that affect their balance or make walking difficult. While some residents are aware that they have these age-related disabilities and should not try to walk unassisted, others have cognitive issues that cause them to forget they need help getting out of bed. Although using restraints like bedrails to prevent residents from trying to stand up alone would significantly reduce the likelihood of falls, it would also be a violation of resident rights.