Chicago Nursing Home Chemical Restraints Lawyer

Seek Justice for Improper Use of Restraints in Chicago Nursing Homes

Physical and chemical restraints should only be used on nursing home residents when absolutely necessary for patient safety. However, some long-term care facilities throughout Chicago use these for staff convenience or punishment instead. A nursing home chemical restraints lawyer advocates for patients, ensuring that these interventions are only used to treat medical symptoms – not to discipline the elderly. Families seeking accountability should consult a nursing home abuse and neglect attorney in Chicago to investigate these violations, as our team of Chicago personal injury lawyers is dedicated to protecting the civil rights of seniors subjected to unauthorized sedation.

Settlements Recovered by Our Chicago Law Firm

A nursing home abuse and neglect attorney in Chicago from our firm can ensure that abusive nursing home staff are held accountable for inappropriate use of physical or chemical restraints. Some of our prior settlements include $2,333,000 for Eileen and Sasha, two women who were sexually assaulted by a staff member while overmedicated on antipsychotic drugs. 

Types of Cases We Handle

Chemical Restraints: Chemical restraints, like tranquilizers, should only be used if the patient is in danger of causing injury to themselves, staff, or other residents. 

Misuse of Antipsychotic Drugs: While often used for valid medical reasons, antipsychotic medications can also be used as a method of patient control. 

Physical Restraints: Despite the fact that restraints should be a method of last resort, many nursing homes regularly use them on elderly patients, a type of physical abuse. When residents are immobilized through these methods, they are often left in one position for far too long, leading to painful complications. Our legal team includes a Chicago Bed Sore Lawyer to investigate cases where lack of movement caused deep tissue damage, as well as a Chicago Nursing Home Sepsis Lawyer to hold facilities accountable if those neglected wounds progress into life-threatening systemic infections.

Understaffing, patient burnout, and frustration are common reasons why nursing home residents may suffer from inappropriate use of restraints. Our personal injury attorneys can hold staff members, administrators, and facilities responsible for these failures. When a resident is heavily sedated, they lose the ability to protect themselves; in these instances, a Chicago Nursing Home Fall Lawyer may be needed if the sedation leads to a loss of balance, or a Chicago Nursing Home Choking Lawyer if the medication impairs the resident’s ability to swallow safely during meals.

What Is the Average Payout for Chemical Restraints in Illinois Nursing Homes?

The average payout for chemical restraint cases is $1,600,000. Factors that determine compensation include medical expenses, available evidence, liability, and available insurance. 

Example Cases

James Reinhardt, a 74-year-old man with dementia, ingested lye, thinking it was cranberry juice, and suffered severe esophageal burns. He was placed in restraints, developed aspiration pneumonia, and died only 8 days after the initial incident. A court awarded his estate $3,000,000.00. 

In another case, a nursing home restrained at least 91 patients in direct defiance of federal law while billing for Medicaid services. The federal government sued, and the nursing home was forced to settle for $200,000.00. 

What Laws Govern Nursing Home Abuse Cases Involving Chemical Restraints?

The Nursing Home Reform Act affirms that patients have the right to be free from chemical restraints unless they are used for the resident’s safety. It also requires the Department of Health and Human Services to investigate abuse and make this information available to the public (§ 1395i-3). 

Under federal regulations, patients should never be provided unnecessary or excessive drugs, and their medication regimens should be regularly reviewed by a pharmacist (42 CFR 483.45). 

The Food and Drug Administration has issued a black box warning for all antipsychotic drugs, recognizing that they have an increased risk of mortality for elderly individuals. As such, CMS could tag a facility that uses unnecessary antipsychotics under F605 – Chemical Restraints and potentially remove them from the Medicaid program.

The Illinois Nursing Home Care Act aligns with federal guidelines, stating that residents should never be restrained for the purpose of punishment or convenience (210 ILCS 45/2-106).

How Long Do Victims and Family Members Have to Take Legal Action?

In Illinois, you have two years to file a lawsuit (735 ILCS 5/13-202). Contact our law firm immediately to explore your legal options and begin the process. Whether the neglect resulted in a fracture handled by a Chicago Nursing Home Broken Bone Lawyer or severe physical decline monitored by a Chicago Nursing Home Dehydration Lawyer, acting within this two-year window is critical to preserving your right to compensation.

How to Strengthen Your Loved One’s Case

Prompt action is invaluable for winning a chemical restraints case. Follow these steps immediately.

Get Medical Treatment: Take your loved one to a hospital like UChicago Health to ensure no long-term damage has been done. Take photographs of any injuries and videos of any disoriented behavior. 

Gather Evidence: Collect medical records, staff logs, patient documentation, available surveillance footage, facility communications, and lab results. 

Interview Witnesses: Talk to staff and other residents to learn when the chemical restraints were placed, what the patient’s demeanor was, and how long the abuse continued.

Report the Abuse: File a complaint with the Illinois Department of Public Health by calling 800-252-4343 or submitting a report online. 

Do Not Speak to Insurance Companies: An insurance company may try to force you to settle. Never speak to them or sign anything without an attorney present.

Consult a Nursing Home Abuse Lawyer: Call us at (888) 424-5757 for a free consultation about your loved one’s case. 

Book a Free Consultation

Our Super Lawyers®-rated personal injury law firm will support you and your loved one through this painful and challenging time. We will thoroughly investigate the inappropriate use of medications by reviewing lab reports, interviewing residents, and consulting with expert witnesses. 

Having worked on similar cases for over 25 years, we can confidently navigate the emerging scientific literature surrounding antipsychotics and changing regulatory recommendations to demonstrate negligent use of these powerful medications. 

Let us handle negotiations with the facility and its insurance company so that you can focus on caring for your loved one and finding a trusted facility for their needs. We have a 98% success rate and are members of the American Association for Justice, committed to the highest level of legal advocacy. Our advocacy spans all types of institutional neglect, from representing disabled adults as a Chicago CILA Abuse Lawyer to holding facilities accountable as a Chicago Nursing Home Infections Lawyer or providing compassionate representation as a Chicago Nursing Home Sexual Abuse Lawyer.

Rosenfeld Injury Law works on a contingency fee basis: no fees unless we win. Use our online contact form or call us at (888) 424-5757 for a free, no-obligation case review.