;)
March 31st, 2025
If you or a family member are living in a nursing home, it is important that your rights are respected and prioritized. Thankfully, rights to ensuring high-quality care and service are protected under federal law. Although rights are legally protected, it is important to be aware of the type of rights you are entitled to, to ensure that you can protect or advocate if boundaries have been crossed.
Let’s take a closer look at the rights that nursing home residents should be aware of:
1) Rights to Protection
The number one and non-negotiable right that should be implemented is protection from harmful and neglectful acts. These protections were made to ensure a safe and secure living environment.
Protection from Abuse and Neglect
Nursing home residents have the right to live in an environment that’s free from the threat of abuse, neglect, and exploitation. Abuse can take various forms, including physical, emotional, or financial harm to patients. As for neglect, this can look like facility workers failing to provide required or reported care that ensures proper maintenance of health and safety for residents. Abuse and neglect are conducive to mistreatment and are prohibited by the law. If nursing homes are not taking the steps to prevent these behaviors, you are able to seek protection.
Protection from Improper Use of Physical Restraints
Regardless of whether or not patients have a record of behavioral issues, they have the right to require protection and the refusal of unreasonable physical and chemical restraints. There have been circumstances where restraints were utilized for staff convenience or done as a form of punishment. Overall, nursing homes are prohibited from using restraints unless they are deemed medically necessary or in compliance with guidelines.
If using restraints is contemplated by the staff, there needs to be open communication with the responsible party, and consent must be obtained. The basis of this protection is to ensure that personal autonomy is respected throughout a resident’s stay.
2) Rights to Dignity
Residents maintaining a sense of dignity is essential to creating mental well-being and high morale. These rights are based on the universal understanding that individuals of all ages or health conditions deserve to be treated with respect.
Respect
Regardless of present health conditions, appearances, or personal conditions, every resident that lives in a nursing home should be met with dignity and respect. To ensure this, nursing homes should implement personal privacy measures, adapt to basic preferences, and prioritize that freedoms are upheld. At no moment should a resident feel like their dignity is compromised.
It is important for residents or loved ones to stay in tune with their feelings and emotions. Often, this type of treatment can easily slip through the cracks, so practicing self-reflection can be a helpful tool.
Personal Preference
As mentioned above, residents’ right to personal preferences should be accommodated (if reasonable, of course). Whether that looks like daily routine check-ins, dietary restriction accommodations, or reasonable room setup situations, nursing homes should prioritize the comfort and needs of all their residents. The only time it is acceptable for homes to disregard this freedom is if residents’ requests interfere with the staff’s ability to function safely.
3) Rights to Quality Care
One of the most important rights that nursing home residents should be aware of is their right to receive appropriate and high-quality care. From the time they step foot into their nursing home, residents should be met with immediate medical and comfort accommodations.
Appropriate Care
Every nursing home resident either decides or gets placed into a nursing home so they can be provided with treatments or care to meet their specific needs. Whether that looks like immediate access to trained medical professionals, assistance to do daily activities, or monitored safety, care must be provided in a way that promotes health and well-being for residents.
Information
Whether it is residents or loved ones of residents, staying informed on care plans or medical conditions is necessary. If there are any modifications to treatments, medications, or health statuses, there needs to be a clear form of communication established and delivered. This transparency can allow for the responsible party to make informed decisions about the next steps in maintaining health.
Participation
As much as medical professionals and caregivers have the right to provide assessments to residents, residents also have the right to vocalize their concerns with care planning, treatment, and discharge processes. Residents should be able to be actively involved in medical decisions, and consent must be obtained when medical care is present.
How to Ensure These Rights Are Upheld? Contact Our Attorneys
Although these rights are guaranteed and protected under federal law, instances where the safety and care process of residents can come into question. It is important for families and loved ones to stay vigilant and active every step of the way.
At Bordas & Bordas, we want to make sure our clients’ well-being is prioritized and respected. If you feel as though you or a loved one is being met with negligence or carelessness, let us be your advocates. Contact us today to ensure your legal rights are protected and that you are compensated fairly.
