Improper Use of Restraints

Harmed by Improper Use of Restraints in Arizona? Know Your Rights.

Restraints, whether physical or chemical, should only be used in limited and specific circumstances in settings like hospitals, nursing homes, psychiatric facilities, and sometimes schools, as a last resort to prevent imminent harm to the individual or others. The improper or excessive use of restraints can lead to serious physical injuries, psychological trauma, and a violation of a person’s rights. If you or a loved one has suffered due to the improper use of restraints in Arizona, AZ Law Now Injury Attorneys can help you seek justice and accountability. Strict regulations govern the use of restraints, and any deviation that causes harm can be grounds for legal action.

What Constitutes Improper Use of Restraints?

Improper use of restraints occurs when:

Restraints are used for discipline, convenience, or coercion, rather than for safety in an emergency
Less restrictive interventions were not attempted or considered first.
The type or application of restraint is inappropriate for the individual’s condition or the situation.
Restraints are applied for longer than necessary.
The individual is not properly monitored while restrained, leading to injury or distress.
Staff are not adequately trained in the safe and appropriate use of restraints and de-escalation techniques.
There is no physician’s order or proper authorization for the restraints (in medical settings where required).
It violates specific state or federal regulations governing restraint use in that particular type of facility (e.g., nursing home regulations under A.R.S. Title 36, school discipline rules regarding restraints and seclusion).

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Types of Restraints:

Physical Restraints: Devices or methods that restrict a person’s freedom of movement, such as:

Vests, belts, wrist/ankle ties
Bed rails (if used to prevent a resident from voluntarily getting out of bed, not just for mobility assistance)
Geriatric chairs or chairs with fixed tables that prevent rising
Being held down physically (manual restraint)
Seclusion (involuntary confinement in a room or area)

Chemical Restraints: Medications used to control behavior or restrict movement that are not a standard treatment for the person’s medical or psychiatric condition. This includes sedatives or antipsychotics used primarily for staff convenience rather than a diagnosed condition requiring such medication.

Where Does Improper Use of Restraints Occur?

Nursing Homes and Assisted Living Facilities

To control residents with dementia or challenging behaviors, often due to understaffing or lack of training in de-escalation techniques.

Hospitals (especially psychiatric units and Emergency Rooms)

To manage agitated or aggressive patients.

Schools (particularly with students with disabilities)

Though heavily regulated, improper use of physical restraint or seclusion can still occur.

Group Homes and Facilities for Individuals with Developmental Disabilities

What to Do If You Suspect Improper Use of Restraints

Ensure the Person's Immediate Safety:

If restraints are currently being used improperly, advocate firmly for their immediate and safe removal or proper application according to regulations.

Seek Medical Attention:

Have any injuries documented and treated by an independent medical professional.

Report the Incident:

To the facility administration (nursing home administrator,
hospital patient advocate, school principal). Demand a formal
investigation.

Document Everything:

Note dates, times, types of restraints used, duration, reasons given (if any), staff involved, and any injuries or distress observed. Take photos of injuries or improper restraint use if
possible and safe.

Request Records:

Obtain copies of medical or facility records related to the restraint use, care plans, assessments, physician orders, and
any associated incident reports.

Contact AZ Law Now Injury Attorneys:

An attorney experienced in cases of improper restraint, medical malpractice, or institutional negligence can investigate, explain your rights, and help you take legal action.

Potential Harm from Improper Use of Restraints:

Physical Injuries:

Bruises, cuts, skin breakdown, and severe pressure sores (bedsores).
Nerve damage or circulation problems leading to conditions like compartment syndrome.
Fractures from struggling against restraints or improper handling.
Asphyxiation or strangulation (from improperly applied vests or ties).
Increased risk of falls if a person tries to escape restraints.
Dehydration, malnutrition, or aspiration if access to food/water/proper positioning is restricted.
Incontinence, urinary tract infections, and constipation.

Psychological Trauma:

Arizona Regulations and Rights

Arizona has specific regulations and standards for different facilities
regarding the use of restraints:

Nursing Homes: Must comply with federal (CMS) and state regulations (Arizona Department of Health Services rules) that strictly limit restraint use to medically necessary situations, requiring physician orders, thorough assessment, regular monitoring, and detailed documentation. Residents have the right to be free from physical or chemical restraints imposed for purposes of discipline or convenience.
Schools: Arizona law (A.R.S. § 15-105) and Department of Education rules place limits on the use of restraint and seclusion, generally permitting it only in emergency situations where a student’s behavior poses an imminent risk of serious physical harm to self or others, and less restrictive interventions have failed or are inappropriate. Specific documentation and parental notification are often required.
Hospitals/Psychiatric Facilities: Governed by state and federal laws, including patient rights to be free from restraints or seclusion not medically necessary or used as a means of coercion, discipline, convenience, or retaliation.

Statute of Limitations in Arizona

The statute of limitations for personal injury or medical malpractice claims stemming from improper use of restraints is generally two years from the date of injury or reasonable discovery of the injury (A.R.S. § 12-542).

Claims Against Government Entities/Employees: If the facility or staff involved are part of a public entity (e.g., state hospital, public school), a Notice of Claim must be filed within 180 days of the incident, and a lawsuit must be filed within one year. Missing these deadlines can bar your claim.

How AZ Law Now Injury Attorneys Can Help

AZ Law Now Injury Attorneys is dedicated to protecting the rights and dignity of all individuals. If improper use of restraints has caused harm, we will:

Provide a free, confidential consultation to evaluate your case.
Thoroughly investigate the incident, reviewing facility policies, training records, staffing levels, and compliance with state/federal regulations.
Work with medical experts to assess the physical and psychological harm caused.
Fight to hold the negligent facility and staff accountable.
Seek full compensation for medical expenses (past and future), pain and suffering, emotional distress, loss of quality of life, and other damages.

Protect Dignity and Safety. Contact AZ Law Now

No one should suffer due to the unlawful or negligent use of restraints. If this has happened to you or a loved one, contact AZ Law Now for skilled legal representation.