In 2007, the federal Centers for Medicare and Medicaid Services (CMS) issued a final rule for hospitals on the use of patient restraints. The rule applies to any hospital or similar patient care facility that receives Medicare or Medicaid funds. Violating the rule can cause a facility to lose Medicare funding, as well as incite a civil or criminal investigation, particularly if violations cause injury or death.
According to the National Council for Community Behavioral Healthcare, the rule defines a “patient restraint” as any method or device that prevents a patient from moving his or her limbs or head freely. Hospitals may use patient restraints to ensure a patient’s immediate physical safety. However, any restraint must be the least restrictive one that will still work and must only be used when other methods of keeping the patient safe have failed. Patient restraints must be removed as soon as possible once the patient is no longer in immediate physical danger.
Physicians are responsible for ordering patient restraints and for reevaluating the patient frequently to determine when restraints can be removed. Hospital staff, including doctors, nurses, and emergency personnel, must receive regular training approved by the state in which they work. Under the CMS rule, failure to train staff properly in the use of restraints can result in sanctions, even if the untrained or improperly trained staff has not actually harmed a patient.
Patient restraints are used in a number of Maryland hospitals to prevent patients from injuring themselves or others. However, restraints that are not prescribed, used, or monitored properly can cause serious injury or even death to a patient. If you or someone you love has been injured or if you have lost a loved one due to the improper use of patient restraints, get in touch with Steven H. Heisler, “The Injury Lawyer.” Mr. Heisler is an experienced Maryland patient restraint injury lawyer who can help you seek compensation from negligent or careless health care providers. Call 877-228-4878 today for a free and confidential consultation.
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