Nursing Home Residents and Their Legal Rights

Moving your parents or older relatives to a nursing home is a difficult decision that requires a lot of thought. But, when done out of necessity, your loved ones can flourish in a nursing home that enables them to live comfortably and under a watchful eye. Unfortunately, not all nursing homes are created equal, and the facility you and your family have chosen may not be keeping up the standards required by law. If you are suspicious of neglectful or abusive activity of someone you know in a nursing home, Porter Law Firm, PLLC, your Memphis law firm, can inform you of his or her nursing home rights and defend your case.

Protection Under Nursing Home Reform Law

In 1987, federal law was changed to guarantee the rights of nursing home residents after the Institute of Medicine found many to be treated poorly in care facilities. Under federal regulations, there are four types of health care facilities: adult boarding facilities residential care facilities; intermediate care facilities and skilled nursing facilities. Specifically, nursing homes must meet federal requirements if participating in Medicare or Medicaid, but states may have their own laws for nursing home residents. Above all, nursing home residents have the right to be treated with dignity and respect and to receive a copy of their rights upon moving into a facility. As your Memphis law firm, we understand the specific laws that affect your loved ones and can apply our law expertise to your situation.

Residents Maintain Right of Choice

When a person moves into a nursing home, that person has the same rights as he or she did before. This means that your older relatives have the right to be informed about details of their living arrangements and must be notified of changes with adequate notice. They also have the right to receive information in a language they understand and make choices on their medical care. In fact, nursing residents can refuse medications and treatments if they so desire. Because your loved one is in a nursing home does not mean they lose their freedom or have no control in their lives. The federal laws in place and enforced by Porter Law Firm, PLLC, in times a Memphis injury lawyer is needed, ensure proper procedures are being upheld.

Residents Have a Right to Privacy

Along with the right of choice, nursing home residents have a right to privacy as long as it does not endanger others or inhibits their care. When you’re visiting your elderly family members, you should be able to comfortably talk to them in the privacy of his or her room. Or, if you are sending them mail or speaking over the phone, the correspondence should be private. Conversely, the nursing home resident has a right to refuse visitors. More importantly, personal, medical and financial records are to be kept private and not disclosed to members it does not pertain to. Residents also have a right to make complaints without fear of punishment and may do so though an ombudsman.

If you think you or someone you may know is experiencing neglect or abuse in a nursing home, and his or her rights are being infringed upon, there is a way out. Porter Law Firm, PLLC, can be the Memphis law firm of your choice that defends your elderly relatives from harmful nursing home practices and holds offenders accountable.


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