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What are the legal rights of nursing home residents?

On Behalf of | Oct 13, 2020 | Nursing Home Abuse

Many Birmingham area families have had to make the agonizing decision of placing a loved one in a skilled nursing facility. As a person gets older, they often require additional care and support and can no longer live on their own. A nursing home offers the care they need in a safe and secure environment. Those who are residents of a nursing home should understand they have legal rights that protect them.

A nursing home is a place for a person to live who needs extra care in taking care of themselves. A nursing home is not a prison and it is important for nursing home residents and their families to understand that they do have legal rights. The following are some of the many legal rights a nursing home resident has:

  • The right to see family members, physicians, service providers, and resident advocates
  • Keep personal possessions
  • Not be forced to leave a nursing home because they receive Medicare or Medicaid benefits. They must also receive the same treatment as those who do not receive these benefits.
  • Right to have their clinical and personal records kept confidential
  • Right to choose their own physician
  • Right to refuse treatment and participate in their care and treatment
  • Free from mental and physical abuse
  • Not restrained or given medication to restrain them
  • Right to participate in social and religious activities
  • Right to file grievances

Placing a loved one in a nursing home can be a difficult decision for a family. A family places enormous trust in the nursing home that they will provide the necessary care for their loved one. If a family believes that their loved one is the victim of nursing home abuse, they may want to speak with a legal professional who is skilled in personal injury. An attorney can investigate whether a nursing home resident has had their rights violated. They can demand compensation for the nursing home resident’s injuries and punish the individuals who have caused the abuse.




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