Unreasonable Restraint in Illinois Nursing Homes

Compassionate Nursing Home Abuse Attorneys Protecting Those Who Can’t Protect Themselves

At John J. Malm & Associates, we believe that trust is the foundation of quality nursing home care, and when that trust is violated, vulnerable residents pay the price. In Illinois, the law guards your loved one’s dignity and safety, especially regarding restraints. Unreasonable restraint, whether physical or chemical, not only violates statutes but can cause devastating injuries. Our top-rated Illinois nursing home abuse lawyers are dedicated to fighting injustice when nursing homes misuse restraints out of convenience or neglect. We combine compassionate support with aggressive legal advocacy to ensure nursing homes are held accountable for abuse and neglect and victims receive full compensation.

What Is “Unreasonable Restraint”?

Legal Definitions Under Illinois Law

The Illinois Nursing Home Care Act clearly distinguishes between acceptable and inappropriate restraint:

• Physical restraint means any manual or mechanical device attached to a resident’s body that they cannot easily remove, restricting their movement. Not all devices, however, count as restraints. Some positioning aids, like gait belts or cushions, are excluded from the definition.
• Chemical restraint involves medications used for convenience or discipline, not to treat medical symptoms.

Under the Nursing Home Care Act:

• Restraints cannot be used for punishment, discipline, or staff convenience.
• A physician must order the restraint, document its necessity, and it must be the least restrictive means possible.
• Informed consent must be obtained from the resident or their legal representative, unless it’s an emergency.
• Restraint use must be regularly reassessed and minimized.

When these rules are ignored, restraint becomes unreasonable and unlawful.

Why Restraints Are Misused in Nursing Homes

Shocking Prevalence of Abuse in Illinois

• Illinois registered 959 serious resident care violations in 2023, and another 515 through the first half of 2024, according to the Illinois Department of Public Health. Many violations involved misuse of restraints or similar neglect.
• Nationwide data show elder abuse is drastically underreported: only 1 in 24 cases is actually reported.
• A national study found:
  • Physical abuse occurs in 14–29% of nursing home settings,
  • Psychological abuse in 33%,
  • Resident-to-resident abuse in 22%.
• About 44% of nursing home residents themselves say they’ve experienced some form of abuse, while 95% have observed neglect.

Hidden Dangers of Chemical Restraints

• Chemical restraints, particularly antipsychotics improperly used to sedate residents with dementia, are alarmingly frequent:
  • One study found 179,000 residents were receiving antipsychotics with no medical justification.
  • A House Ways and Means report revealed 20% of residents received such drugs, yet only 2% had a valid medical reason.

Worse Conditions in Facilities with Mentally Ill Populations

• Abuse rates are higher in facilities with more residents suffering from serious mental illness. Though a 2010 Illinois law required specialized certification for these homes, as of 2023, no facility had obtained it.
• Not only is oversight lacking, but these facilities often show increased rates of documented abuse.

Injuries and Consequences of Unreasonable Restraint

Physical and Psychological Harm

Improper restraint can lead to:

• Bedsores (decubitus ulcers), bruising, lacerations
• Malnutrition, dehydration, urinary incontinence, constipation
• Loss of muscle strength, cardiovascular endurance, balance issues, and increased risk of fatal injuries like respiratory distress or head trauma
• Emotional trauma, such as fear, anxiety, isolation, hostility, depression, especially when dignity is stripped away.

Legal Rights and Protections for Illinois Nursing Home Residents

Rights Guaranteed by Law

Residents have the legal right to:

• Be free from unnecessary physical or chemical restraints unless medically justified.
• Have a physician’s order, informed consent, and documented justification before any restraint.
• Be reassessed regularly, and for restraints to be the least restrictive possible.
• Not have restraint used for punishment, convenience, or control.

What to Do If You Suspect Unreasonable Restraint of a Nursing Home Resident

If you believe your loved one is being unlawfully restrained:

1. Document everything: take photos, document physical signs and behavioral changes.
2. Request medical records, restraint logs, and physician orders.
3. File a complaint with the Illinois Department of Public Health (IDPH).
4. Reach out to an experienced Illinois nursing home injury attorney immediately.

Frequently Asked Questions About Nursing Home Restraints

Q: When is restraint legal in nursing homes?
A: Only when a physician orders it for genuine medical necessity, it’s the least restrictive option, used briefly, and with documented informed consent. Emergency use is allowed only for immediate life-saving situations.

Q: Can bedrails be considered restraints?
A: Yes, if they prevent a resident from moving freely, they qualify as physical restraints. Even if legal under guidelines, they must be properly assessed, installed, consented to, and monitored.

Q: Are antipsychotic drugs legal to use?
A: Only with medical necessity. Using antipsychotics or sedatives to quell dementia behaviors, without diagnosis, is chemical restraint and violates Illinois law.

Q: What injuries commonly result from restraint misuse?
A: Physical injuries like bedsores, malnutrition, dehydration, and loss of mobility, as well as emotional harm, such as fear, anxiety, and trauma.

Q: What rights do nursing home residents have under Illinois law?
A: They have the right to freedom from unnecessary restraint, to physician oversight, regular re-evaluation, and informed consent. Facilities must not use restraint for convenience or punishment.

Q: What legal options are available if restraint was misused?
A: You can file a complaint with IDPH, pursue compensation via a personal injury or elder abuse claim, and hold the facility legally accountable, including seeking damages for injuries and emotional suffering.

Why Choose John J. Malm & Associates for Your Nursing Home Abuse Case?

When your loved one suffers from negligent restraint, it’s more than a medical violation; it’s a betrayal. Our top-rated Illinois nursing home abuse and neglect injury firm:

• Moves quickly to preserve critical evidence like medical records and restraint logs
• Collaborates with medical experts to establish necessity and proper procedure
• Understands local circuits and how IDPH investigations work
• Fights vigorously for full compensation for injuries, emotional trauma, and loss of dignity

“Unreasonable restraint is one of the most egregious violations we see, physically and emotionally tearing away a loved one’s freedom. We will not rest until those responsible are held accountable and justice is achieved.” – John J. Malm, Naperville nursing home injury attorney

Contact the Award-Winning Illinois Nursing Home Abuse Lawyers at John J. Malm & Associates

Illinois law provides strong protections against unreasonable restraint, but rights mean nothing if they’re not enforced. When nursing homes violate those rights, residents are left in danger, physically harmed, and emotionally traumatized. If your family member may have been unlawfully restrained, you need help, and now.

Contact John J. Malm & Associates today for a free, confidential consultation. Let us investigate your loved one’s treatment, explain your options, and aggressively advocate for justice and full recovery. You don’t have to face this alone. We’re here to fight for you.