When your loved one is admitted as a patient to a nursing home, you want to think that he or she is receiving the best care possible. What do you do when you find out that the opposite might be true instead? Nursing homes do have laws and regulations that they have to follow. Every resident deserves to have his or her rights honored.
The Rights of Nursing Home Residents
Every resident in a nursing home has a set of rights. Nursing home residents should not have to fear physical or chemical restraints used against them. To use restraints against a patient, it must be a medical necessity. The resident is allowed to make decisions about his or her care, to be able to voice his or her problems with the facility without fear of any retaliation and to be treated with the dignity and respect that they deserve. Residents must also be allowed to communicate freely, to participate in social groups and be allowed their privacy.
When a nursing home infringes on the rights of the resident, this could be considered elder abuse. When a patient enters a nursing home, the facility has a responsibility to care for the patient. If the patient is injured physically, emotionally or financially, the facility may be liable for what happened.
The Requirements of Nursing Homes
There is a Nursing Home Reform Law that was enacted in 1987. This law was put into place to bring nursing homes up to a higher standard. Due to this law, nursing homes have to ensure that all residents have adequate supervision. It must be staffed to handle the number of patients within the home.
Also, the nursing home has to submit to unannounced inspections and has to grant access to residents for random interviews. Each resident has to have his or her comprehensive plan that includes nutrition, medication and hygiene. While all states have their laws, they also have to follow federal law.When you choose a nursing home for your loved one, you hope that it checks all the correct boxes in terms of following rules and regulations. If you discover later that the nursing home is understaffed or does not have the proper equipment to care for the patients, you may have grounds to file a complaint. Set up a consultation with a nursing home abuse lawyer, like the attorneys at Davis & Brusca, LLC, as soon as possible to find out if you have a claim.
