Rights of Nursing Home Abuse Victims
oving an aging loved one to a nursing home is a serious business and is not to be taken lightly. Nursing homes were determined to be rampant with abuse, neglect, and failed to provide adequate care according to a study ordered by Congress in 1986. Reforms were enacted in the Nursing Home Reform Act of 1987.
Nursing home residents' rights are protected by the Nursing Home Reform Act. The act provides access to an Ombudsman, an appointed official representing the interests of the residents to the home. Resident rights are to be clearly posted for the residents and their families to see.
Quality of life
The home should foster the enhancement of the quality of life for all residents under its care. The act stresses dignity, choice, and self-determination for nursing home residents.
Services and activities
Nursing home must provide physically and mentally stimulating activities that promote the well-being of each resident in consideration of their abilities. A written care plan for each resident is to be maintained with the participation of the resident, the resident's family, or legal representative. These actions are to minimize any resident decline as a direct result of living in the home.
The Nursing Home Reform Act also specifies the following rights:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- 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;
- The right to voice grievances without discrimination or reprisal.
Certification
The Nursing Home Reform Act requires states to conduct unannounced surveys, which include resident interviews, at least once every 15 months. The surveys focus on resident rights, their quality of life, and the services provided by the home. Surveys can also be conducted in response to complaints against the nursing home. Only nursing homes that are certified by the state in which they are located are eligible to receive federal Medicare and Medicaid funding.
When visiting your friends or family in a nursing home, watch for signs of abuse and neglect. If you or someone you love is injured while in the care of a nursing home, you may be eligible for compensation for damages. Please contact us for a free claim evaluation, or visit our resources page ro find a nursing home lawyer in your area. You don't pay unless you recover damages; no recovery. No fee.