Understanding Chemical Restraints in Palm Beach County Nursing Homes
Chemical restraints represent one of the most subtle and poorly understood examples of senior exploitation. Unfortunately, this is also one of the most common forms of abuse in nursing homes throughout Florida. What can you do if you believe your senior is taking dangerous drugs without a valid reason? Are chemical restraints legal in Florida? Can an elder law attorney in Palm Beach County help you push back against senior exploitation?
What Are Chemical Restraints?
Chemical restraints involve the use of powerful drugs to sedate and control seniors. As the name suggests, these drugs perform the same basic function as physical restraints. Instead of strapping a senior to a wheelchair or stretcher, staff use drugs to keep them compliant and mostly immobile.
Various organizations consider chemical restraints to be a blatant human rights violation. Concerned family members may become distressed after seeing their loved ones in this dazed, stupefied state. Anti-psychotic drugs are relatively common for dementia patients, but sometimes these drugs are also used on seniors who are completely lucid and mentally capable.
Chemical Restraints Are Only Legal in Very Specific Situations
Florida law states that chemical restraints are legal in nursing homes – but only under very specific circumstances. If a nursing home wants to give a senior these drugs, they must obtain an official order from a healthcare provider. A staff member cannot administer these drugs without approval from a doctor or advanced practice registered nurse.
If a nursing home plans to administer chemical restraints, they must follow prescribed dosages at all times. In addition, chemical restraints must be consistent with a patient’s diagnosis. For example, a patient can only receive anti-psychotic medication if they have a legitimate disorder such as dementia. There is no excuse for giving chemical restraints to a senior unnecessarily.
The only exception is if the senior poses a threat to themself or others. In this situation, nursing home staff may be able to administer chemical restraints on an emergency basis even if they do not have a major disorder of some kind. Even then, these emergency orders are only valid for 24 hours.
Can You Sue a Nursing Home for Illegal Chemical Restraints?
Yes, nursing homes may face lawsuits for the inappropriate or illegal use of chemical restraints. This might be a legitimate form of elder abuse, just like physical or psychological abuse. Powerful drugs may also make seniors more vulnerable to other types of abuse, including financial exploitation.
Can an Elder Law Attorney in Palm Beach County Help Me?
An elder law attorney in Palm Beach County may be able to help you pursue legal action for senior exploitation. If you believe your senior is being subjected to chemical restraints by nursing home staff, you are fully entitled to consider your legal options. This may constitute a legitimate form of elder abuse, and you might be able to sue the nursing home. To learn more about your options, schedule a consultation with Kitroser Lewis & Mighdoll today.
Sources:
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/Sections/0400.9979.html
hrw.org/news/2022/09/19/chemical-restraints-deprive-older-people-liberty
