What are the Rights of Nursing Home Residents?

It is a tough decision to make, but you and your other family members may have realized that it is time for your parent or grandparent to live in a more secure place. It might be because your loved one cannot manage on their own anymore, or maybe a medical condition has progressed too far for you and your siblings to take care of. Putting your loved one in a nursing home is sometimes simply the best decision for them. One of the reasons this choice is so hard is because you do not wish to see your loved one become lonely, dejected, taken advantage of, or in any way abused. To avoid these negative outcomes and to protect your parent or grandparent, learn more about their rights as a nursing home resident. If there are signs that something has gone wrong or your loved one’s rights are not being respected, you can contact the experienced nursing home abuse lawyer of Studinski Law, LLC. Call us today at (715) 343-2850 to schedule an appointment.

Nursing Home Residents’ Rights

When your loved one moves into an assisted living facility or nursing home, it can feel as if they lose a great deal of their rights and ability to make their own decisions. However, your elderly parent or grandparent is not entirely beholden to the staff’s decisions. They have many rights that both they and you should be aware of to ensure they are not taken advantage of.

In regard to their personhood, nursing home residents have the right to:

• Be treated as a complete and independent adults, including being granted privacy, dignity, and respect.
• Be free from discrimination based on their race, color, national origin, disability, age, religion, and other personal characteristics.
• Exercise self-determination.
• Communicate freely with staff, other residents, family, friends, and spiritual leaders.
• Have their personal representative notified with there has been an accident, injury, medical complication, worsening of a medical condition, or other changes.
• Be notified if the nursing home seeks to discharged or transfer them.

In regard to their living arrangements, nursing home residents have the right to:

• An environment that maximizes their comfort and independence.
• Share a room with their spouse.
• Be notified of any roommate changes and have their preferences taken into consideration in regard to roommate assignments.
• Accommodations based on their medical, physical, psychological, and social needs.
• Keep and use their personal belongings so long as they do not negatively impact the health, safety, and rights of other residents.
• Have private visits from friends and family at any time so long as it does not interfere with the privacy or care of others.
• To see any visitors who provide legal, health, or social services such as a lawyer, doctor, or long-term care ombudsman.
• Make private phone calls or send private emails.
• Choose their own schedule based on their needs and desires.
• Participate in groups and other activities.

In regard to their medical care, nursing home residents have the right to:

• Receive proper physical and mental health care.
• Be informed about their medical conditions and treatment options.
• See their own physician.
• Be part of creating their care and end of life plans
• Make advanced directives like wills, living wills, power of attorneys, and others
• Receive necessary and proper care no matter their payment source, including Medicare or Medicaid.
• Refuse medications, treatments, or resuscitation.
• Access all of their medical records.
• Be free from unnecessary and improper physical or chemical restraints.
• Be free from neglect.
• Be free from physical, emotional, sexual, or financial abuse.

In regard to their finances, nursing home residents have the right to:

• Be informed in writing about the services and fees of the nursing home before entering the facility and when any changes are made.
• Manage their own finances or to choose who should do so.
• Access to their cash, bank accounts, and other financial records
• Receive written statements, if money is deposited to and held by the nursing home.
• Have their money held by the nursing home remain separate from other nursing home funds.

The Right to Make a Complaint

One of the most important rights your loved one retains as a nursing home resident is to speak up when they are unhappy, something is amiss, or they have been a victim of abuse or neglect. Your loved one has the right to tell you and others about their situation and care. They have the right to provide an oral or written complaint to the facility. If a nursing home receives a complaint, it is legally required to review it and address it promptly. Your parent or grandparent also has the right to take this complaint further, such as to state authorities, social services, or law enforcement.

Above all, your loved one has the right to make these informal and formal complaints without fear of retaliation or punishment.

Call Us if Your Loved One’s Rights Were Violated

If your parent or grandparents’ rights are being violated by one or more members of the nursing home staff, then contact Studinski Law, LLC at (715) 343-2850 or online right away. Protecting seniors and litigating nursing home neglect and abuse is a main focus of our legal practice. We can help you better understand your loved one’s rights, review your situation, and let you know your legal options. If your loved one has suffered an injury due to a violation of their rights, they may have the right to seek compensation.