Nursing Home Residents’ Rights

Posted May 24th, 2011 by .

Categories: Personal Injury.

34437263_lEvery single one of us has basic rights that should keep us from harm and harassment. Sadly, our elderly loved ones needed a law passed to protect them from widespread nursing home abuse and neglect in 1986. Called the Nursing Home Reform Act (NHRA) of 1987, provisions attached to it include:

  • The right to privacy
  • The right to freedom from abuse, mistreatment, and neglect
  • The right from physical restraints
  • The right to be treated with dignity
  • The right to communicate freely
  • The right to exercise self-determination
  • The right to participate in resident and family groups
  • The right to accommodation of medical, physical, psychological, and social needs
  • The right to voice grievances without discrimination or reprisal
  • The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility

In addition to these provisions, the NHRA also provides access to an Ombudsman who is appointed to represent the rights of nursing home residents. These provisions are taken seriously by each state, and they should be clearly posted for residents and their families to see.

All residents should feel that their quality of life is taken care of. This means dignity, safety, and personal choices should be held in high regard in the nursing home. The nursing home administration, staff, and doctors should in turn foster this enhancement of quality of life.

There should also be mental and physical stimulation provided through activities promoting the well-being of each resident. To minimize physical and mental decline as a direct result of living in the nursing facility, a written care plan for each resident with their abilities in mind should be maintained with the participation of the resident, the family, or the legal representative.

In addition to these provisions, the NHRA requires unannounced surveys, which include interviews with nursing home residents, every 15 months. The focus of the surveys is on nursing home resident rights, services provided by the facility, and the quality of life. These surveys may also be conducted if a complaint has been lodged against the nursing home. Nursing homes that are certified by the state are the only ones eligible to receive federal Medicare and Medicaid funding, so losing certification is something none of them want.

When your elderly loved one enters a nursing home, they have rights. When these rights are violated, you should contact experienced nursing home abuse attorney Anthony Carbone.

To schedule a consultation regarding your nursing home abuse claim in the area of Jersey City and Newark, New Jersey, please contact the Law Offices of Anthony Carbone, P.C. today.

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