Personal Injury Lawyer

If you or a loved one has ever experienced a troubling situation as a nursing home resident, you may feel confused about what rights you have. Unfortunately, nursing home neglect and abuse have been on the rise in recent years. The situation is projected to get worse in the coming years due to a growing population of elderly people needing care without enough facilities to meet that need. You must be aware of the rights that you or your family members have as a resident of a long-term care facility.

Nursing Home Reform Law

In 1987, the federal government passed the Nursing Home Reform Law. Nursing homes are required to “promote and protect the rights of each resident,” under the law. In addition to this, nursing homes must meet these rights requirements to participate in Medicaid or Medicare. These are the established rights that resulted from the passing of the law:

• The right to live in an environment that is caring and is free from neglect, abuse, and mistreatment
• The right to privacy
• The right to social interaction with other residents and family members
• The right to practice and use self-determination
• The right to be involved fully in the creation and review of one’s own individual care plan
• The right to express objections, complaints, and grievances without discrimination or retaliation
• The right to be made aware of any changes to one’s care plan before they take effect
• The right to freedom of speech without restrictions of communication
• The right to live with and be treated with dignity
• The right to any personal care that will accommodate social, emotional, physical, and medical needs
• The right to live without the fear of being physically restrained

Federal Nursing Home Regulations

In addition to complying with the rights of patients, long-term care facilities must also adhere to certain regulations set forth by the federal government. While this list is not exhaustive, regulations include the following:

• Nursing homes must have adequate staff to provide the level of care that is necessary to promote every resident’s quality of life.
• Each resident should have a complete and accurate assessment of their functional capacity initially, with the development of a care plan.
• Residents should be encouraged to continue any self-care activities they can do by themselves.
• If a resident is unable to care for themselves, it is the responsibility of the nursing home staff to make sure they provide adequate care concerning nutrition, personal hygiene, and grooming. 

If you believe that you or a loved one has had your rights violated as a resident of a nursing home, seek legal help from a nursing home abuse attorney, like a nursing home abuse attorney in Trenton, NJ,  immediately. You may be entitled to compensation for your suffering under these laws and regulations.

Thanks to Davis & Brusca Trial Lawyers for their insight into the rights of nursing home residents.