DB 4

J.J. is an 80 year-old man living in an ALF. He has a reputation as being a very uncooperative patient. Today you have J.J. on your assignment list. Many of the nurses have restrained J.J. in a big chair in front of the television set. The other nurses have been heard saying "the only way to take care of your other patients is to restrain him" "since it would take someone every minute of their time if he was not restrained." So you need to evaluate the situation from a legal and ethical standpoint and the family cannot be convinced to get an aide to sit with him. They also will not allow him to be restrained by signing a consent.

a) What legal issues are involved in restraining someone without their consent ?

b) What ethical issues are involved in restraining someone without their consent?

c) Would it matter whether J.J. was not sound of mind and it was documented?