Nursing Home Rights Guide

What rights do nursing home residents have? 

Nursing home residents are entitled to several rights that ensure their dignity, autonomy, and well-being are respected while living in long-term care facilities. These rights are designed to protect them from abuse, neglect, and mistreatment, as well as to ensure that they receive proper care and are treated with respect. Understanding these rights is crucial for both residents and their families to ensure they are receiving the care and services they deserve. Below are some key rights that nursing home residents are guaranteed under law.

1. What is the right to be free from abuse, neglect, and mistreatment?

Nursing home residents have the fundamental right to live in a safe and respectful environment, free from any form of abuse, neglect, or mistreatment. This right covers several areas:

• Physical abuse: Residents must never be subjected to physical harm such as hitting, slapping, or physical restraint that is not medically necessary.
• Emotional abuse: Verbal threats, humiliation, or intimidation by staff or other residents are also forms of mistreatment that violate this right.
• Neglect: This occurs when staff fail to provide essential care, such as administering medication, helping with meals, or offering personal hygiene care.
• Financial abuse: Nursing home residents also have the right to have their financial resources protected and free from exploitation or theft.

If any form of abuse or neglect is suspected, it is essential to report it to the appropriate authorities immediately to prevent further harm.

2. How does the right to adequate medical care apply to nursing home residents?

Residents of nursing homes have the right to receive appropriate and timely medical care, which is vital for maintaining their health and well-being. This right encompasses several areas:

• Medication management: Nursing homes must ensure that residents receive the correct medication in the proper dosage and at the right times. Staff must also monitor for side effects or interactions and adjust treatments as necessary.
• Health assessments: Regular health evaluations by medical professionals are required to ensure the well-being of residents. These assessments help identify any new health concerns and adjust care plans accordingly.
• Specialized care: Residents may require specialized care, such as physical therapy, dental care, or mental health services. Nursing homes must either provide these services or make arrangements for outside providers.
• Emergency care: In the event of an emergency, nursing homes must provide prompt medical attention and transport residents to medical facilities if necessary.

If your loved one’s medical care is not up to standard, it’s crucial to document concerns and take appropriate action to ensure they receive the necessary treatments.

3. What is the right to privacy for nursing home residents?

Nursing home residents have a fundamental right to privacy. This right covers both their personal and medical information, as well as their personal space. The key aspects of this right include:

• Confidentiality of medical records: Residents’ medical information must remain confidential. Only authorized individuals, such as medical providers or family members with consent, are allowed to access this information.
• Private communications: Residents have the right to communicate privately with family members, friends, or legal representatives. This includes private phone calls, in-person visits, or any other form of communication.
• Personal space: Nursing home residents are entitled to privacy in their living quarters. They should be able to lock their room, have control over who enters, and not be subjected to unnecessary intrusions by staff or other residents.

If you believe a resident’s privacy is being violated, such as by unauthorized sharing of medical information or unwarranted intrusions into their room, this should be reported immediately.

4. How does the right to participate in decisions about care benefit nursing home residents?

One of the most important rights of nursing home residents is the ability to participate in decisions regarding their care. This right helps maintain their sense of autonomy and ensures they are involved in their healthcare. Key components of this right include:

• Choosing healthcare providers: Residents can select their own healthcare providers, including doctors, specialists, and therapists, provided they meet the facility’s standards.
• Informed decision-making: Residents should be given all necessary information about their medical conditions and treatment options. This includes the risks and benefits of various treatments, allowing them to make informed decisions.
• Filing complaints: Residents have the right to voice concerns or complaints about their care without fear of retaliation from staff. These concerns should be taken seriously and addressed in a timely manner.
• Creating and reviewing care plans: Nursing homes must involve residents in the development and regular review of their care plans. This ensures that their individual needs and preferences are considered.

Involvement in these decisions ensures that the resident’s voice is heard, and their care is more likely to meet their needs and preferences.

5. Can nursing home residents refuse care or treatment?

Yes, nursing home residents have the right to refuse care or treatment, provided they are mentally competent to make such decisions. This is a vital component of maintaining their autonomy. Residents can refuse any medical treatment, including medications, surgeries, or other interventions, as long as they understand the consequences of their decisions. If a resident feels uncomfortable with a particular caregiver, they have the right to request a different staff member, provided it does not disrupt care plans or violate facility policies. 

Additionally, many residents create advance directives that specify their healthcare wishes in case they become unable to communicate their preferences. These directives must be respected by the nursing home, ensuring that their wishes are honored even if they lose the ability to communicate them directly. This right to refuse care empowers residents to make decisions that align with their values and preferences, providing them with greater control over their lives.

6. What steps should be taken if a resident is not receiving proper care?

If you suspect that a nursing home resident is not receiving adequate care, it’s crucial to take action promptly. The steps to take include:

• Document the issue: Keep a detailed record of any signs of neglect, mistreatment, or inadequate care. This could include taking photographs of injuries or unsafe living conditions.
• Request an incident report: Ask the nursing home for an official report of the incident or condition in question. This documentation can be critical in resolving disputes or pursuing legal action.
• Contact authorities: If the situation is urgent or involves potential abuse, contact local authorities, such as Adult Protective Services or law enforcement, to investigate the matter.
• Seek legal counsel: If you believe your loved one’s care rights have been violated, consult with an experienced nursing home abuse attorney who can help navigate the legal process.

Prompt action is essential in preventing further harm and ensuring that residents receive the care they are entitled to.

Conclusion

Nursing home residents are entitled to a range of rights that protect their dignity, autonomy, and well-being. It is essential for families to understand these rights and advocate for their loved ones. If you believe that your loved one’s rights have been violated, contact Williams DeLoatche, P.C. for a consultation at 757-547-5555 to explore your options.