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ELDER ABUSE - USE OF “CHEMICAL RESTRAINTS”

by Patrick A. Carreon


Many nursing homes illegally use “chemical restraints” on their elder population.


Increasing numbers of nursing home residents have been prescribed antipsychotic medicines and/or tranquilizers to manage their behavior.  Most residents who receive these drugs have not been diagnosed with a psychosis, but are prescribed them “off-label” for the management of dementia, for the convenience of staff and sometimes even for the punishment of the resident.  Often “chemical restraints” are tied to the widespread problem of inadequate staffing at nursing home facilities.  Potent medications have the effect of sedating and tranquilizing residents, thus reducing their activity level.  This is important because in a “profit oriented” environment having fewer care providers improves the bottom line.  Employees look good because they are managing higher patient loads and owners look good because they are earning greater profits.  The end result, however, is that residents suffer from reduced quality of life, the increased risk of falling, adverse physical and/or mental reaction and death.  State and federal laws specifically protect the elderly and the infirmed and punish abusers.


Specific questions concerning elder abuse may be directed to attorney Patrick Carreon, carreon@mocalaw.com or call 949.474.3004.

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“Elder” is defined as a person 65 years of age or older.  However, elder abuse laws also apply to an adult between the ages of 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights.

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