In Minnesota, nursing homes must protect residents from harm while respecting their personal rights. When it comes to restraining a resident to administer treatment, there is a fine line between protection and harm.
Nursing home staff may only use restraints when absolutely necessary and must follow strict rules. When a facility uses restraints improperly or too often, the situation may become physical abuse under state law.
What does the law say about nursing home abuse?
Minnesota defines physical abuse as any action that causes physical pain, injury or unreasonable confinement. This includes using restraints in a way that causes harm or limits a resident’s freedom without a valid reason. For example, tying a resident to a bed to stop them from walking, without a medical order, may qualify as physical abuse.
When is it permissible for a nursing home to use restraints?
Federal and Minnesota laws allow restraints only when they help treat a medical condition or ensure safety. Even then, facilities must use the least restrictive method and only for a limited time. A licensed professional must approve the restraint, and staff must check on the resident often. If staff members ignore these rules or use restraints to punish or control a resident, the action may become nursing home abuse.
How can you tell if your loved one was wrongfully restrained?
Red flags include bruises on wrists or ankles, marks from straps and sudden changes in behavior. Residents may become withdrawn, fearful or anxious. Family members should also take notice if the facility refuses to explain why a resident is being restrained.
Restraints can cause long-term harm, both physically and emotionally. They should never be a way to make a caregiver’s job easier or to punish a resident. Families should never hesitate to ask questions and watch for signs of trouble. Protecting the dignity and safety of residents begins with understanding the difference between necessary care and harmful actions.