What are the legal rights of nursing home residents?

Nursing homes, by definition, are care facilities where residents are catered to in terms of shelter, nutrition, health care, everyday living assistance, and so on.

Nursing home abuse lawyers exist to keep nursing homes in check. If you need one, USAttorneys.com is your best bet. Contact us if there is any issues. We will probably call you back that same day. 

It is vital to reiterate that nursing home residents are mostly elderly or sick people who are frail, weak, and cannot fully care for themselves. Therefore, it is imperative that they are looked after properly in terms of medication, nutrition, monitoring mental and physical health, and this list continues.

According to nursing home abuse lawyers, nursing homes are not technically considered hospitals since they do not render actual medical treatment. However, in certain circumstances they may be regarded as a health care facility depending on the different statutes that govern their operation.

On a federal level, legislation distinguishes health care facilities by classifying them into four different types depending on the level of nursing care they offer their residents or patients. To start with are the facilities which offer the least or lowest level of nursing care. Organizations such as adult boarding facilities fall under this category.

On the next couple of levels come facilities such as residential care facilities and intermediate care facilities, and lastly, are the facilities which offer the highest level of care such as skilled nursing facilities which are the most expensive.

In the show The Sopranos, this is where Junior Soprano (Dominic Chianese) ended up which was some sort of skilled nursing facility called the Wycoff Therapeutic Center. This also where he was beat up by Carter Chong (Ken Leung) for telling him not to interrupt the singing session. Now this was not the nursing home’s fault, they did not know Chong was going to erupt for a reason that is barely worth mentioning. There was not any reason. Now Chong should be in prison after this incident.

If Chong was not sent to prison and he ended up hurting someone else then this nursing facility would certainly have some legal questions to answer.

By law and moreover, depending on the classification of the nursing home, they have to adhere to certain standards. Failure to provide the appropriate standard of care expected of them will be considered professional negligence and victims of such negligence are well within legal scope to hire a nursing home abuse attorney to sue the nursing home and hold them liable for both the economic and non-economic damages caused, just as in the case of medical malpractice.

Rights of Residents

Irrespective of the classification of the nursing home, there are also certain rights that nursing home residents have which are intended to protect them and their freedom.

• Nursing home residents have the right to see family members, external care providers, physicians, service providers and state or federal government representatives.
• Residents have the right to possess personal items and clothing, and use these possessions as they please unless and until it is determined that this causes a risk to their health or well-being.
• Residents have the right to seek healthcare or health insurance and receive such care.
• Residents have the right to be treated equally as other residents within the facility irrespective of whether they are privately sponsored or are Medicare/Medicaid patients (though why does it take Medicaid so long to make payments?).
• Residents have the right to choose their own personal physician.
• Residents have the right to be fully informed about the medical care they are receiving.
• Residents have the right to refuse treatment.

Hire a Legal Team

If you believe you or a loved one is a victim of nursing home abuse, the above mentioned rights are only a handful of the most basic of rights that residents have. The list is extensive and they have several other rights as well. To understand your rights and how to prevent nursing home abuse, talk to a nursing home abuse lawyer today.

This website Nursing-Home-Abuse.USAttorneys did not exist when The Sopranos was on much to the dismay of America but it does now! Use it! No one should get away with nursing home abuse.