The Rights of Nursing Home Residents – You Have the Right to a Medical Negligence Lawyer

In 1987, the federal government passed the Nursing Home Reform Act to guarantee nursing home residents’ right to quality care in a healthy environment free of all types of abuse and neglect. Although this law initially applied only to nursing homes that receive Medicaid or Medicare funding, New York has adopted it as the standard for all nursing homes statewide. To learn more about the signs of nursing home abuse, contact a New York City and Manhattan-area medical negligence lawyer. The following rights of nursing home residents are currently protected in accordance with New York law.

The right to a living environment that is comfortable, in which the resident has dignity and is treated with respect.

This protection includes the right to privacy and the right to choose which activities to participate in. The resident has the right to access people and services outside of the nursing home and to participate in decisions that affect his or her life. Verbal, sexual, mental, and physical abuse are against the law. Corporal punishment, involuntary seclusion, and unnecessary chemical and physical restraint are also illegal. If you are unsure whether this right is being violated, please contact a New York City / Manhattan-area medical negligence lawyer.

The right to quality care and treatment provided without discrimination.

No nursing home may require you to waive your Medicaid or Medicare rights prior to admission, nor can one accept or receive special funds or gifts in exchange for admission consideration, expedited admission, an assignment to a special room, or a continued stay at the nursing home.

The right to access to participation in organizations and activities of the resident’s choice.

All civil and religious liberties still apply in a nursing home. Nursing home residents may participate in social and religious activities and any community groups that they choose to associate with. Residents have the right to vote if they choose to.

The right to safe storage for property and money.

Nursing home residents have the right to locked storage space upon request in their rooms. They may also retain and store personal property, provided this storage does not infringe on the rights of the other nursing home residents. A nursing home cannot require you to deposit your funds with the facility.

The right to private communication.

Nursing home residents may receive visitors privately if they wish. They may also send and receive unopened mail, and they have the right to private telephone access. Telephone access must be available for residents who are wheelchair-bound and visually or hearing impaired

The right to exercise rights freely without punishment.

Rights have little meaning if they are grudgingly given or difficult to exercise. A nursing home must inform you of your rights and allow you to exercise them. Nursing home residents need not fear punishment or retaliation for exercising the rights that are in place to protect them.

Contact a New York City / Manhattan-area Medical Negligence Lawyer

This is only a small sampling of the rights of nursing home residents. If you suspect that your loved one’s rights have been violated or wish to learn more about the rights of nursing home residents, ask a New York City and Manhattan-area medical negligence lawyer about the signs of abuse that you’ve noticed. You may also have the lawyer evaluate the merits of your nursing home abuse or neglect case.