What Are the Legal Rights of Nursing Home Residents?

Making the decision to move a loved one into a nursing home is never one that’s taken lightly. You want to believe your family member will be safe, respected, and well-cared for. Unfortunately, that’s not always the case, and nursing home abuse and neglect is a reality for many families. In order to protect our vulnerable nursing home residents, the law provides a clear set of rights designed to provide dignity, quality care, and protection from harm.

The Nursing Home Resident Bill of Rights

The Department of Health and Human Services reports that, as of July 2022, about 1.2 million people resided in more than 15,000 certified nursing homes.

The Nursing Home Reform Act of 1987 sets the standard for the rights of nursing home residents in facilities that receive Medicare or Medicaid funding. Many states have built upon these standards to offer additional protections. Although specific details may vary depending on where you live, generally, residents have these rights:

• Residents have the right to be treated with dignity and respect, regardless of their physical or mental condition. Staff must honor a resident’s preferences, cultural background, and individuality.
• Nursing home residents are entitled to privacy in personal matters. These matters include private communication with family, friends, or doctors, as well as privacy during personal care activities like bathing or dressing.
• Residents have the right to live in a safe environment, free from physical, emotional, sexual, or financial abuse. Facilities must take the appropriate measures to protect nursing home residents from harm.
• Residents also have the right to be actively involved in their care decisions, including the ability to refuse treatment, choose their doctor, and participate in care planning.
• Facilities must provide residents with clear information about their rights, facility policies, and the costs of care. Residents should also be allowed to access their medical records.
• If a resident feels their rights are being violated, they have the right to file a complaint without fear of retaliation. This could involve either internal complaints within the facility or external reports to state agencies.
• Residents should be allowed to socialize with anyone they choose, including family members, friends, or fellow residents. They should also be allowed to participate in community or religious activities.

In addition to these general rights, some groups of nursing home residents have additional protections under the law. Here are a few examples:

• The Americans with Disabilities Act (ADA) provides that nursing home residents with disabilities have equal access to services and accommodations. Facilities must make reasonable adjustments to meet the needs of disabled residents.
• Residents who don’t speak fluent English have the right to access language assistance, like interpreters or translated materials, to help ensure they understand their rights and care plan.
• Medicaid recipients are entitled to the same quality of care as private pay residents. This means facilities can’t discriminate against Medicaid recipients or discharge them unfairly.

How can I spot violations of my loved one’s rights?

These rights might sound reassuring. However, violations do occur. Sometimes, the signs of nursing home abuse and neglect are obvious – like physical injuries or a staff member’s inappropriate behavior. Other times, red flags can be more subtle, including:

• Unexplained weight loss or dehydration
• Sudden withdrawal or depression
• Missing personal belongings
• Unexplained financial transactions
• Overmedication or, conversely, untreated medical conditions
• Changes in behavior, such as fearfulness around certain staff members

If you notice any of these signs in your loved one, take action immediately. Delaying intervention could put your loved one at a greater risk.

What should I do if my loved one’s rights are violated in a nursing home?

If you suspect that your loved one is experiencing nursing home abuse or neglect, try to take the following steps:

• Write down what you’ve observed, including dates, times, and specific incidents. Take photos or videos of any visible injuries or unsafe conditions, if appropriate.
• Raise your concerns with the facility staff or administration. Sometimes, issues can be resolved through simple communication.
• If your concerns aren’t addressed, you can file a formal complaint with your state’s long-term care ombudsman or licensing agency. These organizations are responsible for investigating complaints and compliance with the law.
• If the situation involves serious harm, neglect, or abuse, it’s time to contact the nursing home abuse attorneys at Garcia & Artigliere. We can help you understand your legal options, hold the facility accountable, and seek compensation for the harm your loved one experienced.

How can I help advocate for my loved one?

Family is one of the most important factors in making sure your loved one’s rights are respected. Here are some ways in which you can be a more effective advocate:

• Visit regularly and get to know the staff. Residents whose families are frequently present may be less likely to experience abuse or neglect.
• Don’t hesitate to ask about care plans, medications, or any changes in your loved one’s condition. Staff should provide clear and honest answers.
• Learn more about your loved one’s legal rights and the facility’s obligations to its residents.
• Develop positive relationships with other residents’ families. A supportive community can help you identify and address problems and issues more quickly.
• Pay attention to the details – like cleanliness, food quality, and staffing levels. Report any of your concerns promptly.

How our nursing home abuse and neglect attorneys can help

Nursing home abuse and neglect cases can be complicated, involving things like medical records, state regulations, and facility policies. Our experienced attorneys can thoroughly investigate the situation to determine whether abuse or neglect occurred. We also gather evidence, including medical records, witness statements, or surveillance footage. Then, we can seek compensation for your loved one’s damages, including medical expenses, pain and suffering, and relocation costs.

At Garcia & Artigliere, we provide a voice for residents who may be powerless to stand up for themselves. If you believe your loved one is suffering from nursing home neglect or abuse, we are here to help. Please call our office or submit our contact form for a free case review today. We have offices in Long Beach, Los Angeles, New Orleans, and Phoenix for your convenience.

Learn about the legal rights of nursing home residents, including protections against abuse, neglect, and violations of dignity, with tips on advocating for loved ones.