What Rights Do Residents Have in Nursing Homes?

 Posted on December 16, 2019 in Personal Injury

Many elders resist the recommendation to move to a nursing home. Family members may have good intentions, but moving to a nursing home facility is intimidating. It is also hard for someone to admit that they cannot take care of themselves like they used to. There is a negative connotation around nursing homes which, too, makes people apprehensive. Elders and family members alike may have concerns regarding the kind of care being administered. Like a person living at home, residents of nursing homes have rights and when those rights are denied, the facilities can be held negligent.

The elder population is growing rapidly. The World Health Organization estimates that by 2050, the population of people over the age of 60 years old will double. Today, 1 in every 6 people in the same age group have experienced some form of elder abuse. Family members are not excluded from elder abuse, but there is a high rate of abuse in nursing homes. In 2018, two out of three staff members in long-term living for elders admits to having committed abuse that year.

The Federal Nursing Home Reform Law of 1987 created standards for nursing homes. These rules protect the rights of elders and give ground to cases of negligence.

• The Right to be Free from Abuse: A person in a nursing home does not have to tolerate abuse of any kind including, but limited to, mental, verbal, and sexual abuse. An abused person has the right to report neglect to their family and other parties, and the right to report it to the nursing home. All claims of abuse and neglect are required to be investigated, and the refusal or delay of doing so is also negligent.
• Medical Care: Elders often lives in a nursing home because they require special medical care. It is an elder’s right in a nursing home to be informed of all aspects of their health. Prescriptions, medical conditions, and even vitamins must be explained to a patient so that they understand. A nursing home patient has the right to choose their doctor, and make other decisions that affect their care.
• Financial Rights: Even if they are not bringing in a steady cash stream, residents of nursing homes have the right to manage their money. This includes choosing someone else to manage their money. If a patient chooses the nursing home to manage their funds, the nursing home is responsible for protecting funds and allowing the elder full access to their money.

Contact a Kane County Nursing Home Negligence Attorney

No matter their age, elders still have rights. Our loved ones deserve to live out their remaining lives in a safe and comfortable environment. If you believe an elder in your life is facing mistreatment in their nursing home, contact an experienced Aurora nursing home negligence attorney. Call our office at 630-907-0909 to schedule a free consultation.

Sources:

https://downloads.cms.gov/medicare/Your_Resident_Rights_and_Protections_section.pdf

https://www.who.int/news-room/fact-sheets/detail/elder-abuse