What Rights Do Nursing Home Patients Have?

If someone you love resides in a nursing home and you suspect that they are being abused you may be wondering what rights they have as a resident of a long term facility. When a person resides in a nursing home they have religious, civil, and human rights that have been codified by both the state and the federal statutes that are intended to protect them. Although all of their rights are important, here are some of the rights that are abused the most.

1. Each resident must be treated with respect, consideration, and the full recognition of their personal dignity.

Although every person who resides in an institutional setting can't have complete freedom, individual choices such as the flexibility of bathing times, their sleeping patterns, food dislikes and likes, religious preference, choice of clothing, and choice of friends have to be respected.

2. To receive treatment, care, and services that are adequate and that they comply with the relevant state and federal rules and statutes.

The nursing home must be able to provide the kind of care that each of its residents needs. For example, if a residence doesn't have any available physical therapy services then they should not accept any residents who require physical therapy. Or if the residence isn't capable of caring for a person who is ventilator dependent then they shouldn't accept any residents who have ventilators.

The facility's staff must be properly licensed in order to provide whatever treatment may be needed.

If a facility fails to provide appropriate and adequate care then they are violating the law. The administrator is expected to act prudently and, through effective management, should monitor the performance of the staff in order to insure that the safety, health and welfare of the residents are not endangered.

3. The resident should be provided with a written statement that includes the services that the facility provides.

This statement, which should be received when the resident is admitted as well as during their stay, should include any services that are required on an as needed basis along with any related charges.

In addition, any charges that aren't covered by Medicaid or Medicare have to be specified. Also, any charges that are not included as part of the facility's basic daily rate should also be provided to each and every resident. Some examples of these charges could include cosmetics, beautician services, as well as some of the residents' personal care items.

When we have an elderly relative who lives in a nursing home it is up to us to make sure that they are being treated well.


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If you suspect that someone you love is suffering abuse, contact a Nursing Home Abuse Attorney at http://www.sokolovelaw.com/legal-help/nursing-home-abuse/

Wendy Moyer on behalf of Sokolove Law.