When patients enter a hospital or medical facility, they trust healthcare providers to protect their safety and well-being. However, the improper use of medical restraints can lead to devastating consequences, including brain injury or death from asphyxiation. As of 2025, restraint-related injuries continue to represent a significant patient safety concern in New York healthcare facilities. Victims of restraint-related brain damage and their families have legal rights to pursue compensation when hospital negligence causes these preventable injuries.
Key Takeaways
- Restraint prevalence: Physical restraints are used in approximately 15.8% of hospital cases, primarily justified for fall prevention despite evidence they don’t effectively prevent falls.
- Serious health risks: Restraints can cause brain damage through asphyxiation, positional suffocation, and oxygen deprivation, with 25-47% of restrained patients developing post-traumatic stress disorder.
- Federal regulations: Patients have the right to be free from restraints when used for coercion, discipline, convenience, or retaliation, with strict time limits and monitoring requirements established by The Joint Commission.
- New York statute of limitations: Victims have three years from the date of injury to file a medical malpractice lawsuit for restraint-related brain damage claims.
- Significant damages available: Lifetime costs of traumatic brain injury treatment range from $85,000 to $3 million, and compensation may cover medical expenses, lost wages, pain and suffering, and quality-of-life impacts.
What Are Medical Restraints?
Medical restraints are interventions used in healthcare settings to restrict a patient’s movement or access to their body. According to federal regulations, patients have the fundamental right to be free from restraints and seclusion when these measures are used as a means of coercion, discipline, convenience, or retaliation by staff.
Healthcare facilities employ several types of restraints, each carrying distinct risks for patients:
Physical or Mechanical Restraints
Physical restraints involve devices that limit a patient’s movement, including belts, straps, vests, wrist or ankle cuffs, and specialized restraint beds or chairs. Research published in NCBI indicates that physical restraints are employed in approximately 15.8% of hospital cases and 68.7% of residential care facilities, primarily for fall prevention purposes.
These devices pose serious risks including strangulation, compromised circulation leading to amputation, and fatal pulmonary embolism. When improperly applied, restraint devices can cause compression of the chest, neck, or airways, leading to asphyxiation and subsequent brain injury.
Chemical Restraints
Chemical restraints involve medications administered not as part of a patient’s standard treatment plan, but specifically to control behavior or restrict movement against the patient’s will. Pharmaceutical restraints can cause tremors, tardive dyskinesia, and potentially psychotic episodes when discontinued. More critically, sedative medications can suppress respiratory function, leading to oxygen deprivation and brain damage.
Manual or Physical Holds
Manual restraints consist of hands-on physical control by staff members without using devices. This category includes holds that may involve force and placement of patients in painful or dangerous positions. Prone restraints, where patients are held face-down, carry particularly high risks of positional asphyxiation as the weight of the torso compresses the lungs and restricts breathing.
Critical Warning About Prone Restraints
The World Health Organization characterizes any use of seclusion and restraint as “a failure” and “a human rights violation,” asserting that alternatives always exist. Prone restraints pose extreme danger because they can cause positional suffocation within minutes, especially in agitated or struggling patients whose oxygen demands are elevated. In 2024, multiple high-profile cases underscored these dangers, including settlements totaling millions of dollars for families of patients who died from restraint-related asphyxiation.
How Restraints Cause Brain Injury and Brain Damage
Brain injury from medical restraints occurs primarily through oxygen deprivation mechanisms. The brain requires a constant supply of oxygen-rich blood to function and survive. When restraints interfere with breathing or blood flow, brain cells begin dying within minutes, resulting in permanent brain damage.
Asphyxiation and Positional Asphyxia
Asphyxiation occurs when restraints create an impediment to the influx of air into the respiratory tract, leading to tissue hypoxia. According to medical research, restraint-related asphyxiation can result from chest and neck compression, particularly when patients become entrapped between restraint devices and bed rails or furniture.
Positional asphyxia represents a specific danger when patients are placed in positions that mechanically restrict chest expansion or compress airways. Prone positioning significantly increases suffocation risk, while supine restraints elevate the risk of aspiration if patients vomit while unable to turn their heads.
Vascular Compression
Tight restraints around the neck or improperly positioned straps can compress the carotid arteries and jugular veins, reducing blood flow to the brain. Even brief interruptions in cerebral blood flow cause rapid oxygen depletion, leading to anoxic or hypoxic brain injury. Case reports document instances where restraint belts with magnetic locking mechanisms caused fatal compression when patients shifted position. In May 2024, a significant case involving a 13-year-old autistic boy who died after being held in a prone restraint resulted in a $7.5 million settlement, highlighting the severe consequences of improper restraint practices. Similarly, in April 2024, another wrongful death lawsuit related to restraint-induced death settled for $6 million, demonstrating the substantial liability healthcare facilities face when restraint protocols are violated.
Cardiac Events Leading to Brain Damage
The stress and panic associated with restraint application can trigger cardiac arrhythmias or cardiac arrest, particularly in patients with pre-existing heart conditions. When the heart stops pumping blood to the brain, irreversible brain damage begins within 4-6 minutes without immediate intervention.
Anoxic Brain Injury
Anoxic brain injury occurs when the brain receives no oxygen at all, typically from complete airway obstruction, cardiac arrest, or severe asphyxiation. This represents the most severe form of oxygen-deprivation brain injury, with outcomes depending critically on how quickly normal breathing and circulation are restored.
Hypoxic Brain Injury
Hypoxic brain injury results from reduced oxygen supply to the brain rather than complete deprivation. This can occur with partial airway compromise, respiratory depression from sedative medications, or compression that doesn’t completely block airways but significantly restricts breathing capacity.
Types of Restraint-Related Brain Injuries
The severity and type of brain injury resulting from improper restraint use varies based on the duration and mechanism of oxygen deprivation. According to the New York State Department of Health, traumatic brain injuries result in more than 2,200 deaths, 17,000 hospitalizations, and nearly 38,000 emergency department visits among New York State residents annually.
Acute Anoxic Brain Injury
When restraints cause complete airway obstruction or cardiac arrest, the resulting anoxic brain injury can be catastrophic. Brain cells begin dying within 4-6 minutes without oxygen. Survivors may experience profound cognitive impairment, memory loss, difficulty with executive function, personality changes, and physical disabilities including paralysis or movement disorders.
Hypoxic-Ischemic Encephalopathy
This condition develops when the brain receives insufficient oxygen and blood flow for an extended period. Patients may present with altered consciousness, seizures, and varying degrees of permanent neurological impairment. The extent of recovery depends on the severity and duration of oxygen deprivation, with some patients remaining in persistent vegetative states.
Traumatic Brain Injury from Restraint Application
Beyond asphyxiation risks, the physical application of restraints can cause direct traumatic brain injury. Patients struggling against restraints may strike their heads against bed rails, walls, or floors. Forceful takedowns or holds by staff can result in head impacts causing concussions, contusions, or more severe closed head injuries.
Complications and Secondary Injuries
Autopsy findings in restraint-related deaths have revealed blood infiltration in intercostal muscles, subpleural petechiae, pulmonary emphysema, and vagus nerve injury. Additionally, patients in restraints face elevated risks of pressure ulcers, deep vein thrombosis, pulmonary embolism, aspiration pneumonia, and musculoskeletal injuries, all of which can complicate brain injury recovery.
| Brain Injury Type | Cause in Restraint Context | Typical Severity |
|---|---|---|
| Anoxic Brain Injury | Complete airway obstruction, cardiac arrest | Severe to catastrophic |
| Hypoxic Brain Injury | Partial airway restriction, respiratory depression | Moderate to severe |
| Closed Head TBI | Impact during restraint application or struggle | Mild to severe |
| Hypoxic-Ischemic Encephalopathy | Prolonged reduced oxygen and blood flow | Severe to catastrophic |
Hospital Liability for Restraint Injuries in New York
Hospitals and healthcare facilities in New York bear legal responsibility when improper restraint use causes patient injuries or death. Medical malpractice claims for restraint-related brain damage must establish that the healthcare provider’s negligence directly caused the patient’s injuries.
Duty of Care
Healthcare providers owe patients a duty to provide care that meets accepted medical standards. This duty includes protecting patients from foreseeable harm, including injuries from restraint use. Hospitals must implement policies ensuring restraints are used only when medically necessary, applied correctly, and monitored appropriately.
Breach of Standard of Care
A breach occurs when healthcare providers fail to meet professional standards in restraint use. Common breaches include:
- Using restraints without a physician’s order – Federal and state regulations require physician authorization before applying restraints, with specific documentation of medical necessity.
- Applying restraints for staff convenience rather than medical necessity – The American Medical Association explicitly states restraints are never appropriate as a punitive measure, for staff convenience, or to compensate for inadequate staffing levels.
- Failing to use the least restrictive alternative – The Centers for Medicare and Medicaid Services (CMS) mandates that healthcare facilities explore and implement less restrictive interventions before resorting to physical restraints.
- Inadequate patient monitoring – Regulations require face-to-face medical evaluations within one hour of initiating restraints and continuous observation at intervals based on patient condition.
- Exceeding time limits – The Joint Commission establishes maximum restraint durations: 4 hours for adults, 2 hours for youth ages 9-17, and 1 hour for children under 9 years old.
- Improper restraint application – Using devices incorrectly, applying excessive force, or positioning patients in ways that compromise breathing demonstrates negligence.
Causation
Victims must prove the hospital’s negligent restraint use directly caused the brain injury. Medical records, witness testimony, and expert medical opinions establish the link between improper restraint practices and resulting brain damage. Documentation showing gaps in monitoring, exceeded time limits, or lack of proper orders strengthens causation arguments.
Damages
Brain injury victims in New York may suffer extensive losses warranting significant compensation. Northwestern University research indicates that the lifetime cost of traumatic brain injury treatment ranges from $85,000 to $3 million, depending on injury severity and long-term care needs.
Hospital Reporting Requirements
Federal regulations mandate that hospitals report deaths occurring while a patient is in restraint or seclusion, deaths within 24 hours after removal from restraints, and deaths within one week when restraint use reasonably contributed to the outcome. However, an Office of Inspector General investigation found that hospitals failed to report nearly half of 104 documented restraint-related deaths between 1999 and 2004, suggesting the actual incidence may be significantly higher than official statistics indicate.
Federal and State Regulations Governing Restraint Use
Multiple regulatory bodies establish standards for restraint use in healthcare settings, creating legal frameworks that protect patients and define facility obligations.
Federal Regulations
The Centers for Medicare and Medicaid Services (CMS) issues comprehensive regulations stipulating that restraints may only be used when medically necessary to protect patient safety, and the least restrictive method must always be employed. CMS rules prohibit restraint use for coercion, discipline, convenience, or retaliation.
The Joint Commission, which accredits healthcare facilities, mandates specific time limits for restraint use, requires physician involvement in restraint decisions, and establishes monitoring protocols. Facilities risk losing accreditation for systematic failures to comply with these standards.
New York State Requirements
New York law incorporates federal standards and adds state-specific protections for vulnerable populations. Healthcare facilities must maintain detailed documentation of restraint use, including the specific behaviors necessitating restraints, alternatives attempted, patient monitoring records, and outcomes.
The New York State Department of Health conducts inspections and investigations of healthcare facilities, with authority to impose penalties for restraint-related violations. In March 2024, the department issued a press release recognizing Brain Injury Awareness Month and emphasizing the importance of preventing traumatic brain injuries, including those resulting from hospital negligence. Patterns of improper restraint use can result in facility sanctions, fines, or license suspension.
Patient Rights Under Regulations
Regulatory frameworks establish that patients possess fundamental rights regarding restraint use:
- The right to be free from restraints used for non-medical purposes
- The right to the least restrictive intervention necessary
- The right to informed consent when cognitively able to provide it
- The right to have restraint use limited to the shortest duration necessary
- The right to appropriate monitoring and medical evaluation during restraint
- The right to dignity and respect even when restraints are medically necessary
Adult Time Limits
For patients 18 years and older, The Joint Commission limits continuous restraint use to a maximum of 4 hours. After this period, restraints must be removed or a new physician order obtained with documentation of continued medical necessity.
Youth Time Limits
Patients between 9 and 17 years old may only be restrained for a maximum of 2 hours before requiring reassessment and new orders. This shorter timeframe recognizes the heightened vulnerability of younger patients.
Child Time Limits
For children under 9 years old, restraints must not exceed 1 hour before mandatory medical reassessment. This strict limitation reflects the critical importance of protecting developing children from restraint harms.
Proving Hospital Negligence in Restraint Injury Cases
Successfully pursuing compensation for restraint-related brain injury requires demonstrating that the hospital or healthcare facility failed to meet legal and professional standards of care. Experienced legal counsel employs multiple strategies to establish liability.
Medical Record Analysis
Comprehensive review of medical records reveals critical evidence of negligence. Attorneys examine documentation for missing physician orders, gaps in monitoring records, exceeded time limits, lack of justification for restraint use, or absence of documentation showing less restrictive alternatives were attempted. Inconsistencies between nursing notes and official records may indicate attempts to conceal improper practices.
Expert Medical Testimony
Medical experts establish the standard of care for restraint use and explain how the facility’s practices deviated from accepted medical protocols. Neurologists and brain injury specialists document the extent of brain damage and link it directly to oxygen deprivation from restraint-related asphyxiation. Healthcare administration experts may testify about systemic facility failures, such as inadequate staffing levels that led to inappropriate restraint use.
Witness Statements
Testimony from other patients, family members, or staff members who observed the restraint incident provides crucial evidence. Witnesses may describe the patient’s condition before and after restraint application, the duration restraints were in place, signs of distress that went unaddressed, or statements by staff indicating restraints were used for convenience rather than medical necessity.
Facility Policies and Training Records
Examining the hospital’s written restraint policies reveals whether appropriate protocols existed. Investigation of staff training records determines if personnel received adequate instruction in safe restraint application, monitoring requirements, and recognition of restraint-related complications. Gaps in policies or training demonstrate institutional negligence beyond individual staff failures.
Regulatory Violations and Inspection Reports
Prior citations by the New York State Department of Health or The Joint Commission for restraint-related violations establish a pattern of non-compliance. Inspection reports, complaint investigations, and facility accreditation reviews may document systemic problems with restraint practices that contributed to the patient’s injury.
Damages Available in New York Restraint Injury Claims
Victims of restraint-related brain injury and their families may pursue comprehensive compensation reflecting the full scope of losses and impacts resulting from hospital negligence.
Economic Damages
Economic damages compensate for quantifiable financial losses:
- Past and future medical expenses – Brain injury treatment includes emergency care, hospitalization, neurological consultations, rehabilitation therapies, medications, adaptive equipment, and potentially lifetime care. Given that Northwestern University research places lifetime traumatic brain injury treatment costs between $85,000 and $3 million, these damages often represent the largest component of compensation.
- Lost wages and earning capacity – Victims unable to return to work receive compensation for lost income. When brain damage causes permanent disability preventing future employment, economic experts calculate the present value of lifetime lost earnings.
- Cost of care and assistance – Severe brain injuries may necessitate round-the-clock care, home modifications for accessibility, or placement in specialized facilities. Compensation covers both current and projected future care needs.
- Other out-of-pocket expenses – Additional costs include transportation to medical appointments, specialized equipment, therapy programs, and other injury-related expenses.
Non-Economic Damages
New York law recognizes that brain injury victims suffer profound non-financial losses:
- Pain and suffering – Compensation for physical pain, discomfort, and the psychological anguish of living with brain injury
- Loss of enjoyment of life – Brain damage often prevents victims from engaging in previously enjoyed activities, hobbies, or social interactions
- Emotional distress – Research indicates that 25-47% of patients subjected to restraints develop post-traumatic stress disorder, warranting additional compensation
- Loss of consortium – Family members may recover for the loss of companionship, guidance, and intimate relationships with the injured victim
Punitive Damages in Egregious Cases
When hospital conduct demonstrates gross negligence, reckless disregard for patient safety, or intentional misconduct, courts may award punitive damages designed to punish the facility and deter similar behavior. Examples warranting punitive damages include systematic failures to comply with restraint regulations despite knowledge of dangers, attempts to conceal restraint-related injuries, or financial motivations for inappropriate restraint use such as understaffing to reduce costs.
| Damage Category | Types of Compensation | Typical Range |
|---|---|---|
| Medical Expenses | Emergency care, hospitalization, rehabilitation, lifetime care | $85,000 – $3 million+ |
| Lost Earnings | Past wages, future earning capacity, benefits | Varies by age and income |
| Pain and Suffering | Physical pain, emotional distress, reduced quality of life | Often exceeds economic damages |
| Loss of Consortium | Family relationship impacts | Substantial in severe cases |
Statute of Limitations for Restraint Injury Claims in New York
New York law imposes strict time limits for filing medical malpractice lawsuits, including claims for restraint-related brain injury. Understanding these deadlines is critical, as missing the filing deadline generally bars victims from pursuing compensation regardless of the strength of their case.
Standard Three-Year Deadline
Under New York Civil Practice Law & Rules § 214, medical malpractice claims must be filed within three years from the date of the negligent act or from the end of continuous treatment for the same condition by the same healthcare provider. For restraint-related brain injury cases, the three-year period typically begins on the date the improper restraint use occurred.
Discovery Rule Exception
In cases where brain injury from restraint was not immediately apparent, New York applies a modified discovery rule. The statute of limitations may begin when the victim discovered or reasonably should have discovered the injury and its connection to restraint use. However, New York law caps this extension, generally requiring that lawsuits be filed within two and a half years of the wrongful act, regardless of when discovery occurred.
Exceptions for Incapacitated Victims
When brain injury renders victims legally incapacitated or incompetent, the statute of limitations may be tolled (paused) until a guardian or conservator is appointed. This protection prevents victims from losing their rights to compensation due to the very injury that prevents them from taking legal action.
Wrongful Death Claims
When restraint-related brain injury results in death, family members must file wrongful death claims within two years from the date of death, not the date of the initial negligent act. This deadline is strictly enforced, making prompt legal consultation essential after a loved one’s death from restraint complications.
Don’t Wait to Take Legal Action
Even though New York provides up to three years for most medical malpractice claims, waiting to consult an attorney can jeopardize your case. Evidence deteriorates, witnesses’ memories fade, and medical records may become difficult to obtain. Additionally, investigating complex restraint injury cases requires significant time, so attorneys need adequate opportunity to build compelling claims before filing deadlines expire.
What to Do After a Restraint Injury
If you or a loved one suffered brain injury from improper restraint use in a New York healthcare facility, taking prompt action protects both health outcomes and legal rights.
Ensure Immediate Medical Evaluation
Brain injuries require urgent medical attention. Even if symptoms seem mild initially, brain damage can worsen over hours or days. Seek evaluation by neurologists or brain injury specialists who can assess the extent of damage, initiate appropriate treatment, and document injuries for potential legal claims.
Document Everything
Preserve all evidence related to the restraint incident:
- Photograph visible injuries, including bruising, pressure marks, or other physical signs of restraint use
- Write detailed accounts of what occurred while memories are fresh, including dates, times, staff involved, and witnessed events
- Keep copies of all medical records, including emergency department notes, hospitalization records, and treatment plans
- Preserve any physical evidence, such as damaged clothing or personal items
- Obtain contact information for witnesses who observed the restraint use or its aftermath
Request Complete Medical Records
Under federal HIPAA laws and New York regulations, you have the right to obtain copies of all medical records. Request comprehensive records including physician orders, nursing notes, restraint logs, monitoring documentation, medication administration records, and incident reports. Healthcare facilities must provide these records within a reasonable timeframe, though they may charge reasonable copying fees.
Report the Incident
File complaints with appropriate oversight bodies:
- New York State Department of Health investigates patient complaints about healthcare facilities and can impose sanctions for violations
- The Joint Commission accepts complaints about accredited facilities and may conduct investigations affecting facility accreditation status
- Local law enforcement should be contacted if restraint use appears criminal, such as assault or elder abuse
Consult an Experienced Medical Malpractice Attorney
Restraint injury cases involve complex medical and legal issues requiring specialized expertise. An attorney experienced in New York medical malpractice and brain injury litigation can evaluate your case, identify all liable parties, gather necessary evidence, engage appropriate medical experts, and pursue maximum compensation. Most medical malpractice attorneys work on contingency fee arrangements, requiring no upfront payment and collecting fees only if they recover compensation on your behalf.
Avoid Discussing the Case
Refrain from discussing details of the incident on social media or with insurance representatives without attorney guidance. Statements made without understanding legal implications can undermine later claims. Allow your attorney to handle communications with the hospital’s insurance company and legal representatives.
Frequently Asked Questions About Restraint Brain Injury Claims
How common are restraint-related injuries in New York hospitals?
Physical restraints are used in approximately 15.8% of hospital cases nationwide, primarily for fall prevention. An Office of Inspector General investigation identified 104 documented restraint-related deaths nationally between 1999 and 2004, though hospitals failed to report nearly half of these deaths, suggesting actual incidence may be significantly higher. In New York specifically, the state experiences nearly 157 traumatic brain injury incidents daily requiring death or hospital treatment, though not all relate to restraint use.
What is the difference between physical, chemical, and manual restraints?
Physical or mechanical restraints involve devices like belts, straps, or cuffs that restrict movement. Chemical restraints are medications administered to control behavior rather than treat medical conditions. Manual restraints consist of hands-on physical holds by staff members. Each type carries distinct risks, with prone manual restraints posing particularly high dangers of positional asphyxiation, while chemical restraints can cause respiratory depression leading to oxygen deprivation.
How long do I have to file a lawsuit for restraint-related brain injury in New York?
New York Civil Practice Law & Rules § 214 establishes a three-year statute of limitations for medical malpractice claims from the date of the negligent act. However, if the injury resulted in death, wrongful death claims must be filed within two years from the date of death. Because these deadlines are strictly enforced with limited exceptions, consulting an attorney promptly is essential to protect your legal rights.
Can family members sue if a loved one died from restraint-related brain injury?
Yes, family members may pursue wrongful death claims when improper restraint use causes fatal brain injury. Eligible plaintiffs typically include surviving spouses, children, or parents of unmarried victims without children. Wrongful death compensation may include funeral and burial expenses, lost financial support the deceased would have provided, loss of inheritance, and the value of services the deceased performed. These claims must be filed within two years from the date of death.
What compensation is available for restraint brain injury victims in New York?
Compensation may include past and future medical expenses, with lifetime traumatic brain injury treatment costs ranging from $85,000 to $3 million according to Northwestern University research. Additional damages cover lost wages and earning capacity, pain and suffering, loss of enjoyment of life, emotional distress, and costs of lifetime care and assistance. In cases of gross negligence, courts may award punitive damages to punish egregious conduct and deter similar behavior by healthcare facilities.
What evidence is needed to prove hospital negligence in restraint injury cases?
Key evidence includes medical records showing missing physician orders, exceeded time limits, inadequate monitoring, or lack of documented medical necessity for restraints. Expert medical testimony establishes how the facility’s practices violated professional standards and directly caused brain injury. Witness statements from other patients, family members, or staff provide accounts of what occurred. Facility policies, training records, and prior regulatory citations demonstrate institutional failures. Comprehensive evidence-gathering requires experienced legal representation with access to appropriate experts.
Are there federal regulations protecting patients from improper restraint use?
Yes, federal regulations establish comprehensive protections. The Centers for Medicare and Medicaid Services (CMS) stipulates that restraints may only be used when medically necessary and never for coercion, discipline, convenience, or retaliation. The Joint Commission mandates specific time limits: 4 hours maximum for adults, 2 hours for youth ages 9-17, and 1 hour for children under 9. Federal rules also require face-to-face medical evaluations within one hour of restraint initiation and continuous monitoring throughout restraint use.
Can I sue if my family member was restrained for being agitated or confused?
Agitation or confusion alone does not justify restraint use. Federal regulations permit restraints only when patients pose imminent danger to themselves or others, and only after less restrictive alternatives have failed. The American Medical Association explicitly states restraints are never appropriate for staff convenience or to compensate for inadequate staffing. If restraints were used primarily to manage agitation rather than protect against imminent physical danger, this may constitute improper use warranting legal action, especially if brain injury resulted.
Legal Representation for Restraint Brain Injury Claims in New York
Pursuing compensation for brain injury caused by improper restraint use requires navigating complex medical malpractice laws, understanding federal and state healthcare regulations, and challenging well-funded hospital defense teams. Experienced legal representation significantly impacts case outcomes and compensation amounts.
Why Specialized Legal Expertise Matters
Restraint injury cases involve intersecting areas of law including medical malpractice, hospital negligence, federal healthcare regulations, and brain injury litigation. Attorneys specializing in this field understand:
- The medical standards governing restraint use and how to identify violations
- How to engage appropriate medical experts who can establish causation and damages
- The federal and state regulatory framework creating facility obligations
- Strategies for overcoming common hospital defenses such as blaming patient behavior
- The true value of brain injury claims, including lifetime care needs and appropriate compensation
Investigation and Evidence Gathering
Successful cases require thorough investigation that attorneys initiate immediately upon retention. This process includes obtaining complete medical records and restraint documentation, interviewing witnesses before memories fade, engaging medical experts to review care and establish standards, examining facility policies and training protocols, researching prior complaints or regulatory violations against the facility, and consulting with economists and life care planners to project lifetime costs.
Dealing with Insurance Companies
Hospitals and healthcare facilities carry substantial malpractice insurance coverage, but insurers aim to minimize payouts. Defense attorneys employ strategies to reduce liability and damages, including arguing the restraint was medically necessary, claiming the victim’s underlying condition caused brain damage rather than restraint use, asserting the facility followed proper protocols, or attempting to blame individual staff members rather than institutional failures. Experienced plaintiff attorneys counter these tactics and negotiate from positions of strength.
Trial Preparation and Litigation
While many medical malpractice cases settle before trial, attorneys must prepare every case as if it will go to trial. This preparation includes developing comprehensive medical exhibits explaining brain injury mechanisms to jurors, preparing compelling expert testimony establishing negligence and causation, creating demonstrative evidence showing regulatory violations, anticipating and addressing defense arguments, and presenting the full human impact of brain injury on victims and families.
Contact a New York Brain Injury Attorney
If improper restraint use in a hospital or healthcare facility caused brain injury to you or a loved one, you need experienced legal representation to protect your rights and pursue full compensation. Contact us for a free consultation to discuss your case and learn about your legal options.
