If we restrict a clients/patients freedom of movement could that constitute negligence or assault? and Why?

Question

Studying health law.

Answer 1

If the pt. is a danger to themselves or others you may restrain the pt. whether it is physically or chemically needed but when doing so you are responsible for the persons well being and basic needs ie.water, food, bathroom as well as circulation if you are physically restaining the pt.Along with this you will need a physicians order in our particular statethe order needs to be renewed every 24hrs and the Dr. needs to lay eyes on the pt in the first 8 when giving the order.

Answer 2

yes.. Doctor's lately have been s******g up...

Answer 3

YOU ARE RESPONSIBLE ANYWAY, AS YOU SAID,YOUR PATIENT,IN PLACING RESTRICTIONS,YOU ARE EXCERCISING CONTROL, WHICH CARRIES A DEGREE OF LEGAL RESPONSIBILITY.

Answer 4

It depends on the type of restraint. You can't tie someone down w/o their,  their legal guardian or their family's permission in that order. If they're an adult and have a health directive you have to follow that if they aren't conscience or of sound mind. There are exceptions like if they keep hurting themselves or others. Even then there has to be periods of release.

But if you're talking about restriction of movement that's a different ball park altogether. Nursing homes, hospital, institutions etc. are supposed to by law train employees in proper restraint methods. If someone is hurting themselves or another you can physically hold them to prevent it but you can't hurt them. You can even lock them in a room as long as you monitor the situation and they are released to use the bathroom or for so many minutes every hr. or two.

Otherwise it's a form of abuse and neglect. Yrs. ago mental institutions & even nursing homes would tie their patients down so they didn't have to deal with them. They would get dehydrated, bed sores, malnoutrition, raw hind ends from soiling themselves and a whole host of other things. Often they'd go unmonitored and some even die due to neglect of noticing a medical problem that cropped up. It's also considered unlawful imprisonment.

Recently here several police & jail personnel were fired and prosecuted for mishandling a violent prisoner by the way he was restrained. It resulted in his death. So it was considered assault because he was held improperly making him unable to breath properly and neglect for not realizing he was in distress.

So it really does depend on the circumstances.

Answer 5

It'll come down to a matter of "due care and diligence."

If a doctor determines that it's in the best interest of a patient to be restricted in movement for the good of the patient, so long as this doctor can show "due care and diligence" in applying restraint, you'll have a heck of a time coming up with a cause of action for either negligence or assault.