Lakesha is in the hospital and could sue the hospital for false imprisonment if the nurses:

False Imprisonment: A Legal Cause of Action

By: Betty Frandsen, MHA, RN, NHA, CDONA, FACDONA, C-NE, IP-BC and
Kimberly A. Keeman, B.S.

Out of all the possible legal issues you may encounter or witness when working in a long term care facility; false imprisonment is one of the harder issues for the nursing staff to understand. There have been many cases where residents would like to leave the facility before they are formally discharged. Residents living in a long-term care facility have the right to leave, and in very few cases are you able to interfere with this right. If you do, it is considered false imprisonment.

In 2013, a lawsuit was filed in the state of Texas regarding a 93-year-old woman who was being denied the right to leave her locked facility. According to the claims, the resident was forcibly drugged with dangerous psychotropic drugs and narcotics and prevented from leaving the facility’s premises. Additionally, she was denied access to her three sons, a phone, and her mail. Although the facility maintains that the resident was given the right to leave the facility just as any other resident can, the facility found a reason to deny every one of her requests to leave. No Judge has ordered that the resident be committed or refused egress from the facility, but the facility is accused of repeatedly refusing the resident’s requests and demands to leave.

False imprisonment is defined as restraining a person’s movements or actions without the proper authorization. As part of The Nursing Home Reform Act of 1987, residents staying in long-term care facilities were granted an additional set of rights, known as the Residents’ Bill of Rights. Included is the right to be free from physical and chemical restraints. Failure to respect this right can be considered false imprisonment.

Physical restraints are defined as any manual or physical device, material, or equipment attached to or near the resident’s body, that: a patient cannot easily remove, restricts movement of any and all body parts, or restricts a resident from accessing their own body or parts of their body. Using any type of physical restraint requires a doctor’s order. Examples of physical restraints include wrist, arm, leg and ankle restraints; vests; jackets; hand mitts; geri chairs and recliners; seatbelts and safety belts; and bed rails and the pads sometimes used on them. In some populations, the use of certain restrictive clothing would be considered a restraint, also.

In addition to devices, materials, and equipment being considered physical restraints, many practices are considered restraints, too. Practices that may be considered restraints include: when a resident doesn’t have the strength to sit up from a couch or chair, tucking in a blanket so tightly the resident cannot move, a lap tray on a wheelchair that a resident cannot remove, and moving beds and chairs so close to the wall it prevents residents from rising. Essentially, anything that prevents the free movement of a residents body parts is considered a physical restraint.

The Residents’ Bill of Rights also mentions the right to be free from any and all chemical restraints. Chemical restraints include the use of medications as restraints, and are very different from physical restraints. Using medications to induce sleep, states of relaxation, and for pain control are all potentially considered restraining activity, particularly if deemed not medically necessary.

Nurses and Certified Nursing Assistants must clearly understand the definition of a physical or chemical restraint and the ramifications of using them. Applying restraints may violate The Residents’ Bill of Rights, and can be considered false imprisonment. It is also important to remember that false imprisonment does not just refer to restraints, but also the residents right to leave a facility when they please. As mentioned in the 2013 Texas case, the resident was being.

For more information regarding this article, call 609-454-5020 or email .

• September 28, 2016
• News & Views