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Improper use of restraints in nursing homes is a genuine form of abuse and neglect . It violates federal law, state regulations, and the basic rights of every nursing home resident. Whether a facility is using physical restraints like wheelchair straps or bed rails without proper authorization, or administering chemical restraints through unnecessary sedating medications, the legal and physical consequences can be severe. Families deserve answers, and in many cases, they deserve justice.
Roy Injury Law has spent over 35 years fighting for injured people and their families across Louisiana. Nursing home negligence is not a side practice here . It is one of our primary areas of focus, built on decades of courtroom experience, a deep understanding of Louisiana law, and a genuine commitment to the people this community serves. If you suspect your loved one has been properly restrained in a nursing home, we’re ready to help you.
Families may come to suspect improper restraint use in many circumstances. At Roy Injury Law, we frequently work with:
Restraints are not illegal in nursing homes by default. What is illegal is their improper use. Under federal regulations established by the Nursing Home Reform Act and enforced through the Centers for Medicare and Medicaid Services (CMS), a nursing home may only use physical or chemical restraints when all of the following conditions are met:
If a facility restrains a resident for staff convenience, as a form of punishment, or without meeting each of these requirements, that action constitutes improper restraint. When this happens, you may have a valid legal claim.
The risks of restraints in nursing homes are significant and well-documented. Restraints are not a neutral safety tool. When used improperly, they can cause or worsen:
Chemical restraints carry their own serious risks, including respiratory depression, increased fall risk, accelerated cognitive decline, and adverse drug interactions . If you suspect your loved one is being improperly restrained, it is important that you take action right away to protect them from further harm.
If something feels wrong with your loved one’s care, take it seriously. Here are the steps to consider:
Time matters. Evidence can disappear, staff members can leave, and surveillance footage gets overwritten. The sooner you take action, the stronger your position.
When it comes to nursing home restraint abuse, experience and commitment are not interchangeable. Here is what sets Roy Injury Law apart:
If you believe a nursing home improperly restrained your loved one, or if you are looking for answers after an injury or death, Roy Injury Law is ready to listen . The first consultation with us is always free and comes with no obligation. You will speak directly with an attorney who will give you honest answers and a clear picture of your options.
Both physical and chemical restraints limit a resident’s freedom, but they do so in different ways. Physical restraints are devices that restrict movement, such as wheelchair straps, wrist restraints, certain lap belts, or bed rails that prevent a resident from getting out of bed. Chemical restraints involve medications used primarily to make a resident easier to control rather than to treat a legitimate medical condition. Both types of restraints can put a resident’s health, dignity, and safety at risk when used improperly.
Many families hear this explanation after discovering a loved one has been restrained. While there are situations where a restraint may be medically appropriate, a nursing home cannot simply claim it was done for safety and leave it at that. The facility should be able to explain why the restraint was necessary, what alternatives were considered, whether a physician authorized its use, and how the resident was monitored afterward. If the answers are unclear or inconsistent, it may be worth taking a closer look.
An investigation is often the first step toward getting answers. Depending on the circumstances, it may involve reviewing medical records, medication logs, care plans, incident reports, and facility policies. Witnesses, staff members, and medical professionals may also be interviewed to determine what happened and whether the nursing home followed applicable standards of care.
The nursing home itself may be responsible, but liability does not always stop there. Depending on the facts of the case, responsibility may also extend to administrators, medical providers, management companies, or others involved in the resident’s care and supervision. Determining who is accountable requires a careful review of what happened, who made the decisions, and whether proper procedures were followed.
I would like to sincerely express my heartfelt appreciation to **Mr. Chris Roy** for representing me and my family members. Your time, dedication, professionalism, and commitment to ensuring that our interests were properly represented are truly appreciated. Thank you for standing with us, advocating on our behalf, and providing your support throughout the process. Your efforts have not gone unnoticed, and my family and I are genuinely grateful for everything you have done. With sincere appreciation and gratitude, **LaShondra Laneaux & Family**
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I was really hesitant to make the call as I had never experience what I was going through. Chris and Ms. Margaret were so patient, pleasant and very empathetic to my needs and situation. I would recommend Chris to anyone needing an Attorney! Not once did they make me feel as if I was a client and that within itself was the best feeling ever! Thanks again!!!
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