Can You Sue a Nursing Home for Restraint Injuries in Tennessee?

Making the decision to place a loved one in a nursing home is never easy. We want to believe they’ll be treated with kindness, respect, and dignity in their new home. But at The Higgins Firm here in Nashville, we’ve seen too many heartbreaking cases where families discover their elderly loved ones have been improperly restrained – either physically tied down or chemically sedated – often leading to serious injuries and emotional trauma.

While there are rare situations where restraints might be medically necessary to keep a resident safe, the truth is that many facilities abuse this practice, using restraints for convenience or to make up for inadequate staffing. This isn’t just wrong – it’s against the law in Tennessee.

If you’ve noticed restraint marks on your loved one, found them tied to furniture, or observed unusual drowsiness from medications, you’re right to be concerned. Our Tennessee nursing home abuse attorneys understand how distressing these situations are, and we’re here to help you understand your loved one’s rights and the legal options available to protect them.

Types of Restraints Used in Nursing Homes

Nursing home restraints fall into two main categories: physical and chemical restraints. Understanding the different types of restraints and their intended purposes is crucial for recognizing potential abuse.

Physical Restraints

Physical restraints are any mechanical devices, materials, or equipment attached to or near a resident’s body that they cannot easily remove and that restrict their freedom of movement or normal access to their body.

Common types include:

• Body Restraints
  • Vests and soft ties that secure residents to beds or chairs
  • Wrist and ankle restraints
  • Hand mitts that prevent residents from scratching or removing medical devices
  • Waist belts and lap buddies that keep residents in wheelchairs
• Mobility Restrictions
  • Wheelchair brakes or lap trays that prevent residents from standing
  • Bedrails raised to prevent residents from getting out of bed
  • Chairs that are too low for residents to rise from independently
  • Tightly tucked bedsheets that restrict movement
  • Positioning furniture to create barriers (like pushing beds against walls)
• Improvised Restraints
  • Using sheets or clothing as makeshift ties
  • Removing mobility devices (walkers, canes) to limit movement
  • Placing items out of reach to restrict movement

Chemical Restraints

Chemical restraints involve administering medications for staff convenience rather than treating medical symptoms. These drugs are often misused to sedate “difficult” residents or make them easier to manage.

Common chemical restraints include:

• Antipsychotic Medications
  • Often prescribed “off-label” to control behavior in dementia patients
  • Can increase risk of falls, strokes, and death in elderly patients
  • Examples include Haldol, Risperdal, and Seroquel
• Sedatives and Anti-Anxiety Medications
  • Benzodiazepines like Ativan or Xanax
  • Sleep medications
  • Medications that cause drowsiness or reduce mobility
• Other Psychotropic Drugs
  • Mood stabilizers
  • Anti-depressants used for sedation
  • Any medication used primarily to control behavior rather than treat a diagnosed condition

The Hidden Dangers of Using Restraints

While restraints may sometimes be necessary for resident safety, their misuse often leads to severe consequences:

• Physical restraints can cause:
  • Pressure sores and skin breakdown
  • Muscle weakness and atrophy
  • Increased agitation and confusion
  • Loss of dignity and independence
• Chemical restraints may result in:
  • Increased fall risk due to oversedation
  • Cognitive decline
  • Adverse drug interactions
  • Decreased quality of life

At The Higgins Firm, we’ve seen how both types of restraints, when misused, can devastate residents’ physical and mental well-being. If your loved one has been subjected to unnecessary restraints in a Tennessee nursing home, we can help you understand their rights and pursue appropriate legal action.

When Are Restraints Legal in Tennessee Nursing Homes?

Under Tennessee law and federal regulations, restraints may only be used under specific circumstances:

1. When ordered by a physician
2. When necessary to protect the resident or others from injury
3. When alternative, less restrictive measures have failed
4. With proper documentation and regular monitoring

Restraints are explicitly prohibited for:

• Staff convenience
• Discipline or punishment
• Replacing proper supervision or care
• Permanent resident control

Unfortunately, many Nashville nursing facilities ignore these regulations, using restraints as a “convenient” solution rather than a last resort. The consequences can be severe – facilities that improperly use restraints face both regulatory penalties and civil liability for resulting injuries.

At The Higgins Firm, we’ve seen many cases where proper alternatives like increased supervision, environmental modifications, or addressing underlying medical conditions could have eliminated the need for restraints entirely. If your loved one has been subjected to unnecessary restraints, they may be entitled to compensation for both physical injuries and emotional trauma.

Common Injuries from Improper Restraint Use

At The Higgins Firm, we’ve seen restraint injuries ranging from minor to severe, including:

Physical Restraint Injuries

• Bruising and skin tears
• Pressure ulcers (bedsores)
• Muscle atrophy
• Decreased bone density
• Respiratory complications
• Falls while attempting to escape restraints
• Strangulation or asphyxiation
• Circulation problems

Chemical Restraint Injuries

• Cognitive decline
• Increased fall risk
• Heart problems
• Excessive sedation
• Drug interactions
• Decreased quality of life
• Increased mortality risk

Psychological Injuries

• Depression
• Anxiety
• Loss of dignity
• Social isolation
• Post-traumatic stress
• Behavioral changes

Legal Rights of Tennessee Nursing Home Residents

Tennessee nursing home residents have specific rights under both state law and the federal Nursing Home Reform Act of 1987, including:

• The right to be free from unnecessary physical and chemical restraints
• The right to make informed decisions about their care
• The right to refuse treatments
• The right to be treated with dignity and respect

When Can You Sue for Restraint Injuries?

You may have grounds for a lawsuit if a Nashville nursing home:

1. Used restraints without proper medical authorization
2. Failed to document restraint use properly
3. Used restraints for staff convenience
4. Didn’t monitor residents while restrained
5. Failed to try less restrictive alternatives first
6. Caused injury through improper restraint use

If you’ve observed any of these violations in your loved one’s nursing home, you need to act quickly. Tennessee law provides specific time limits for filing nursing home abuse claims, and early intervention can help preserve essential evidence.

At The Higgins Firm, we’ve successfully represented many Nashville families in restraint abuse cases, helping them secure the compensation and justice their loved ones deserve while holding negligent facilities accountable for their actions.

How The Higgins Firm Can Help

Our experienced Nashville nursing home abuse attorneys can assist by:

Investigating Your Case

• Reviewing medical records
• Interviewing witnesses
• Consulting with medical experts
• Documenting injuries
• Establishing the pattern of improper restraint use

Building Your Legal Claim

We’ll help prove:

• The nursing home had a duty of care
• They breached this duty through improper restraint use
• This breach caused injury to your loved one
• These injuries resulted in damages

Pursuing Compensation

We’ll fight for compensation covering:

• Medical expenses
• Pain and suffering
• Emotional distress
• Rehabilitation costs
• Loss of quality of life
• Punitive damages in cases of egregious misconduct

Contact Our Nursing Home Neglect Lawyers at The Higgins Firm Today

If your loved one has suffered injuries from improper restraint use in a Nashville nursing home, don’t wait to take action. The Higgins Firm’s experienced nursing home abuse attorneys understand Tennessee’s laws and regulations regarding restraint use. We’re committed to holding negligent facilities accountable and securing the compensation your family deserves.

Contact us today for a free, confidential consultation. Call or visit our Nashville office to discuss your case with an experienced nursing home abuse attorney. Remember, we work on a contingency fee basis – you don’t pay unless we win your case.

Let us help protect your loved one’s rights and dignity while pursuing the justice they deserve. Together, we can work to prevent future cases of restraint abuse in Nashville’s nursing homes.