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Nursing Home Residents: Which Rights Are the Most Commonly Violated?

Published on January 19th, 2020

Personal Injury Lawyer

When an elderly loved one’s health declines, you may have to make the decision to move him or her into a full-time care facility. This can be a difficult choice; however, it may be necessary when your family member can no longer feed, clothe or bathe alone and needs assistance to continue a good quality of life. While nursing facilities can offer a variety of services, it is important to understand your loved one’s rights and which are the most commonly violated by the administration and staff.

Financial Rights  

If you or someone else in the family has the power of attorney for the individual being admitted into a nursing home, you do not have to give up that right to the facility nor can its managers force you to do so. These facilities must usually abide by some other financial rules as well:

  • The resident maintains control of his or her finances unless noted otherwise in writing 
  • Financial reports are typically required at least every three months 
  • The facility cannot remove or transfer funds of any resident without his or her permission 

You may want to provide your loved one with legal representation to ensure his or her finances are managed correctly, especially if you do not feel confident doing so.

The Handling of Medical Information 

You and your loved one have the right to be kept informed about his or her health, particularly when you are the one handling most of the medical decisions. Test results, past medical records, and other medical reports can only be kept from individuals who do not have written consent to view them. If you believe facts about your relative’s health are being held back by the long-term care facility, you may want to contact a nursing home abuse attorney, like a nursing home abuse attorney in Trenton, NJ.

The Right to Personal Independence 

Federal law requires that your loved one be treated with all the human rights he or she is entitled to and that some degree of independence is also protected under the law. The home cannot force their residents to eat, bathe, or sleep at certain times unless to do otherwise would jeopardize their health. For example, your loved one may not be allowed to smoke inside the facility or at all if his or her doctor has declared that further tobacco use would cause his or her health to decline. You will likely be advised of these restrictions when you first fill out a resident’s application.

Moving a loved one into a nursing home facility can be a difficult time for all involved, but understanding his or her rights beforehand can help you understand if they are being violated in the future. Contact an attorney today for more information.

 


 

Thanks to Davis & Brusca Trial Lawyers for their insight into which rights are most commonly violated in a nursing home. 

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