This article begins by explaining what physical restraints are. The author then explains that the elderly are the most likely group to be restrained in hospitals. He goes on to discuss the evolution of regulations controlling the use of such restraints. Changes in standards of care, customary practice, informed consent, and assumption of risk dynamics are explained. The article concludes by explaining that health care providers and facilities can limit their tort liability exposure through creative processes that include regulatory compliance, voluntary accreditation, and individualized assessment and care.
Kapp, Marshall B.
"Physical Restraint Use in Acute Care Hospitals: Legal Liability Issues,"
Marquette Elder's Advisor:
1, Article 4.
Available at: http://scholarship.law.marquette.edu/elders/vol1/iss1/4