Saturday, January 19, 2008

Restraint and Seclusion Regulations May Pre-Empt a Standard of Care Claim

One should review these national regulations. If a plaintiff expert asserts a standard of care that violates any of these regulatory restrictions on restraints, then it violates the law. For example, the expert claims the staff of a hospital should have restrained the suicider. The regulations do not allow that in the absence of an imminent attempt to hurt self or others. If the expert does not retract his unlawful standard of care, then sanctions of the expert and of the plaintiff lawyer should be requested of the judge.

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