Federal and state laws ensure certain rights and protections for those who live in Medicare and Medicaid certified nursing homes. This legislation protects residents’ well-being, ensures they get the care they need, and offers them dignity and privacy.
If you have questions about a loved one’s nursing home treatment or if you suspect abuse, a Baltimore nursing home abuse lawyer can help. Jenner Law offers free consultations for families who have serious concerns about their loved one’s quality of life in a care facility.
Elderly Nursing Home Residents Have Rights Protected by Federal Law
In addition to their rights as residents and citizens of the United States, nursing home residents have additional rights provided by the 1987 Nursing Home Reform Law, also known as OBRA 87. This federal law requires nursing homes to ensure all residents’ rights always remain protected. Some states also have their own laws that provide additional rights for residents.
According to the Centers for Medicare & Medicaid Services, a nursing home resident’s rights include freedom:
- From discrimination based on race, ethnicity, religion, disability, or other protected class
- From abuse or neglect
- To exercise their rights as a citizen, such as being able to vote
- To contact their representatives when necessary
- To access necessary medical care and treatment in a timely manner
- To be treated with respect
- To maintain their dignity
- From involuntary transfer or discharge except under specific circumstances
- To join in activities
- To have time with visitors when possible
- To form or participate in groups with other residents
- To manage their own money or appoint someone else to do so
- To request and receive detailed information on fees and services
- To make complaints against the facility or staff
- To receive adequate privacy, property, and living arrangements
Key among these protections is the right to live free from abuse or neglect. When families trust a nursing home with their aging loved one’s health and well-being, abuse or neglect should not be a concern. However, it could become an issue at any long-term care facility.
Families whose loved ones are living in facilities that do not protect and promote these rights should raise their concerns with the nursing homes’ administrators. If they believe there are violations occurring, particularly abuse and neglect, talking to an attorney is a good first step. If a resident is in immediate danger, call 911.
For a free legal consultation, call,
(888) 585-2188
What Is Nursing Home Abuse or Neglect? How Can It Violate a Resident’s Rights?
Many of these rights and protections aim to help residents maintain a healthy physical and emotional life as they age. Most are an attempt to limit the possible abuse or neglect that occurs in Medicare and Medicaid certified facilities.
Consider these types of abuse and how residents’ rights work to prevent them:
Nursing Home Neglect
Neglect can occur in many ways. Most commonly, the resident does not get the care and support they need and suffers physically and psychologically because of it. Neglect often occurs despite the staff doing as much as they can to uphold the patient’s rights, but understaffing or overcrowding makes proper care impossible.
Physical Abuse
Physical abuse occurs when someone hits, shoves, restrains, or otherwise physically harms a resident.
Sexual Abuse
Sexual abuse is more common in nursing homes than many realize and can take almost any form. It is important to realize nursing home patients generally cannot consent to sexual activity with a staff member or other party.
Emotional Abuse
When a patient is called names, belittled, humiliated, or otherwise emotionally abused, it can affect their psychological health and ultimately lead to a physical decline, too. This is one reason why maintaining dignity and respect for all residents is so important.
Financial Abuse
As a part of maintaining dignity and being allowed to manage their own finances, nursing homes should support residents keeping their own checkbooks and managing their own accounts as long as possible. They should also ensure patients are never billed for services they did not receive.
Building a Case Against Your Elderly Loved One’s Nursing Home
If you believe you see signs of neglect or abuse, document them. It is never too early to begin gathering evidence if your loved one might be suffering nursing home abuse or neglect. Take time-stamped pictures of injuries, ask doctors to include serious bedsores and unexplained injuries in their records, and document any dirty or deplorable conditions in the facility.
You can also request your loved one’s records and get contact information from trusted staff and other visitors in the facility who might serve as witnesses later.
Once you hire a nursing home abuse lawyer, the investigation can begin in earnest. Your attorney can subpoena witnesses, call in experts, and take other steps to build a strong case.
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What Should I Do If I Suspect the Nursing Home Is Violating My Loved One’s Legal Rights?
If you believe your loved one’s nursing home is violating their rights, a Baltimore personal injury lawyer who handles nursing home abuse and neglect cases can help. You can discuss your concerns with them and listen to their assessment. They may explain your legal options and give you additional resources to protect your loved one.
Most nursing home abuse attorneys provide free consultations and work based on contingency fees. Families do not need to pay anything upfront.
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Discuss Your Elderly Loved One’s Possible Nursing Home Abuse Case for Free
Jenner Law offers free consultations for families who are concerned about their loved ones’ well-being in a nursing home because of signs of abuse or neglect. If you believe your loved one might be suffering nursing home abuse, we want to discuss your next steps.
Our team handles a wide range of serious personal injury cases. We know how to build a compelling case and hold the liable parties accountable. You can count on us to advocate for your loved one and support your family throughout this process.
Contact us today to learn more about your legal options.
Call or text (888) 585-2188 or complete a Free Case Evaluation form