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Chicago Unreasonable Restraint Lawyers

Malman Law. Premier Personal Injury Attorneys

Injury Attorney Steven J. Malman

Established Chicago, IL Unreasonable Restraint Attorneys

Elderly Americans do not give up their basic rights when they enter the doors of an assisted living facility.

In fact, nursing home residents enjoy many specific rights under Illinois and federal law, and it is up to family members and attorneys to defend them.

Among the rights of nursing home residents is the right to live comfortably and free from restraint. Hard as it may be to believe, though, unreasonable and unlawful restraints are among the more common forms of nursing home abuse in Illinois.

Unreasonable restraint happens for a number of reasons...

Unreasonable restraint happens for a number of reasons — sometimes out of genuine confusion about medical necessity and, on other occasions, as an act cruelty or an abuse of power. Whatever the reason, unjustified restraint is a violation of the resident’s rights and may even constitute battery or false imprisonment under the law.

There are, however, some specific circumstances under which nursing homes are permitted to restrain their residents. These circumstances are extremely limited and the measure of restraint should be reasonable, careful, and minimal.

What Constitutes Restraint

Before we begin distinguishing reasonable restraint from unreasonable restraint,
it might be helpful to understand what we mean by “restraint” to begin with.

Restraints may be physical or chemical in nature. Threats, harassment,
or intimidation may also constitute a restraint.

When Are Nursing Homes Allowed to Restrain Residents?

As a general matter, nursing homes may make reasonable efforts to restrain patients if they pose a threat to themselves or others. Common situations in which reasonable restraints might be justified include:

Nursing homes must be very careful when proceeding with any restraint. Applying excessive restraint or force may still subject the organization to liability, even if the underlying rationale for restraint was justified.

Examples of Unreasonable Restraint of Nursing Home Residents

There are many kinds of unreasonable restraints. Common examples include:

  • Painful restraints
  • Restraints that cause bedsores, bruises, ulcers, or lacerations
  • Restraints that deprive patients of social interaction
  • Restraints that worsen injuries or cause decreased muscle tone or coordination
  • Any humiliating restraint
  • Any restraint motivated by cruelty, abuse, or neglect
  • Any restraint imposed as punishment
  • Any restraint that prevents a patient from accessing medication, food, drink, or medical attention
  • Restraints that are designed to keep the resident imprisoned within the nursing home
  • Restraints that are not removed after their necessity has expired
  • Restraints that do not achieve the purpose for which they were applied
  • Any restraint that violates patient rights or exposes the patient to harm

Protect Your Loved One: Contact Our Chicago Unreasonable Restraint Attorneys

Nursing homes are not prisons. The staff members do not have a right to restrict your loved one’s freedom just because they are busy, frustrated, angry, or confused. Not even for a moment.

If your family member has complained of unreasonable restrain in a nursing home, please do not dismiss their concerns. Many family members find such allegations difficult to believe. We are here to tell you, though, that unlawful restraint is alarmingly common in the nursing home context. Please don’t assume that you do not have a case until you’ve talked with our office.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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