San Diego Chemical Restraints Attorneys

Vaage Law > Practice Areas > San Diego Elder Abuse Lawyer > San Diego Chemical Restraints Attorneys

When you help a loved one move into a nursing home, you do it because you want them safe. You expect trained professionals to treat them with kindness, patience, and respect. But what if instead, they’re being drugged to keep them quiet? What if staff are using powerful medications, not for medical care, but to make your loved one easier to handle?

This cruel practice is called chemical restraint, and it’s far more common than most people realize. It strips elderly people of their dignity, their personality, and even their ability to speak up for themselves. And worst of all, many families don’t find out until serious harm has already been done.

For over 35 years, we have stood up for families across San Diego when care facilities betray their trust. We’ve seen the damage chemical restraints can cause—confused minds, lost memories, broken spirits. And we’ve helped families hold the people responsible fully accountable.

With more than $190 million recovered for injured clients, and a courtroom reputation that makes even large institutions take notice, we don’t back down. 

If something feels wrong, trust your gut. Call Vaage Law today at (619) 338-0505 or fill out our online form for a free, confidential consultation.

What Are Chemical Restraints in Nursing Homes?

A chemical restraint is any drug given to control a resident’s behavior or limit their movement when there is no medical reason for it. In many cases, these medications are used not to treat an illness, but to make things easier for the staff. For example, a resident might be given sedatives to keep them quiet, stop them from wandering, or make them easier to handle during busy shifts.

This kind of drugging is not care, it is elder abuse. It robs people of their ability to think clearly, speak for themselves, and live with dignity. And most importantly, it is illegal.

Types of Chemical Restraints

The medications most often misused as chemical restraints are powerful psychotropic drugs that affect the brain, emotions, and behavior. These typically fall into a few categories:

• Antipsychotics: Drugs like Haldol, Risperdal, Seroquel, and Zyprexa are intended to treat conditions like schizophrenia or bipolar disorder. When given to elderly patients with dementia, they can be fatal, which is why the FDA has issued strong warnings against this use.
• Anti-Anxiety Drugs: Drugs like Ativan, Xanax, and other benzodiazepines are prescribed for anxiety or insomnia. When misused, they can cause extreme sedation, confusion, and falls.
• Antidepressants: These drugs, including Prozac, Zoloft, and Lexapro, can be beneficial when properly prescribed. But in some cases, they are used not to treat depression, but to suppress a resident’s behavior or emotional response
• Sedative-Hypnotics: These include sleep aids such as Ambien or Lunesta. While they may help with short-term sleep issues, they are often given just to keep residents asleep longer or reduce nighttime caregiving. 
• Mood Stabilizers: Medications like Depakote or Lithium are intended to help with mood disorders. In a care setting, they may be used off-label to dull agitation or aggression, especially in residents with cognitive decline.

Is Chemical Restraint Legal in California Nursing Homes?

No, with very few exceptions, the use of chemical restraint is illegal in California nursing homes. California state and federal laws are very strict on this point.

The law is clear: residents have the right to be free from any chemical restraint that is used for discipline, staff convenience, or as a substitute for real care. 

Medications can only be given with a doctor’s order, and they must be necessary to treat a patient’s diagnosed medical symptoms. Furthermore, if a psychotropic drug is ordered, the facility must obtain informed consent from the resident or their legal representative. 

If your loved one is suddenly quiet, confused, or seems like a shell of who they used to be, it may not just be aging. It could be the result of chemical restraint. These medications do more than dull symptoms. They can erase personality, silence voices, and strip away the very things that make your loved one who they are. Nursing homes often pass this off as “treatment,” but make no mistake: using drugs to control behavior instead of providing real care is abuse.

You have every right to ask questions and to demand answers. At Vaage Law, we help families uncover the truth and hold negligent facilities accountable. Call us today at (619) 338-0505 or fill out our online form for a free, private consultation. Let’s make sure your loved one gets the care they deserve.

Injuries Caused by Chemical Restraints in Nursing Homes

When powerful drugs are given to an elderly person without a medical need, the results can be deeply harmful and, in some cases, life-altering. These medications don’t simply calm someone down. They can leave a person as simply a husk of who they once were and take away their ability to live, move, and think as they once did.

Here are some of the serious injuries that can result from chemical restraint:

• Dangerous Falls
• Muscle Weakness
• Mental Decline
• Emotional Numbness
• Loss of Independence
• Increased Risk of Stroke or Heart Complications
• Pressure Sores or Bed Sores 

Chemical restraint continues to be a part of elder abuse in nursing homes and other care facilities across the country. A recent study done by California Advocates for Nursing Home Reform found that “nearly 25% of the residents in California’s nursing homes are placed on antipsychotic drugs, which are often used as a ‘chemical leash’ to control behavior rather than to treat psychiatric conditions.”

This horrific trend is only encouraged by doctors who prescribe drugs as their first plan of action for long-term patients, rather than seeking alternative forms of care.

Why Hire the San Diego Chemical Restraints Attorneys at Vaage Law

It’s a difficult decision and transition to place an elderly loved one into a nursing home. To find out they’ve been drugged into silence, not for their well-being, but to make life easier for the staff, is a violation of everything you were promised. It is cruel and inexcusable.

For over three decades, Vaage Law has been fighting on behalf of families across San Diego who were brave enough to speak up when something felt wrong. Studies show that working with a lawyer greatly improves your chances of receiving compensation. More than 90% of people with legal representation receive a settlement or award, compared to about half who handle their claims alone. With more than $190 million recovered for our clients, we know how to hold negligent facilities accountable and force change where it’s long overdue. 

If you suspect your loved one is being chemically restrained, don’t wait. Call us today at (619) 338-0505 or fill out our online form for a free, private consultation. Your loved one deserves so much better. Let’s make it right.

San Diego Nursing Home Chemical Restraint FAQs

Call us at your earliest convenience at (619) 338-0505 to start the legal process to protect your loved one from future harm.