Recurring Problems with Nursing Homes #5

Dan Frith

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Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over again. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem #5: The Administrator and Director of Nursing sit you down and tell you that they need to have your husband tied into his bed or chair in order to prevent him from wandering away and getting hurt. Further, they tell you the night time nurses will start putting his bed rails in the up position in order to keep him in bed at night. What do you do?

First, you tell the Administrator and Director of Nursing that federal law prohibits the use of "physical restraints" as a form of discipline or for their convenience (Section 483.13(a) of Title 42 of the Code of Federal Regulations). Why? By limiting a resident's ability to move, restraints may cause a resident to become even more unstable, and more susceptible to falls and injuries. Even more dramatic (and we have litigated one of these cases here in Roanoke), the use of bed rails can result in the resident's death when their neck becomes entrapped between the bed and the side rail resulting in their asphyxiated.