Free Consultation (901) 322-4232
Available Evenings and Weekends by Appointment

Free Consultation


(901) 322-4232

Available Evenings and Weekends by Appointment

Safeguarding Elderly Rights: Protecting Nursing Home Residents

Share this Article

With an ever-increasing elderly population, nursing homes have become an essential part of caring for aging individuals. While many facilities provide exceptional support and care, it is vital to be aware of nursing home residents’ rights and take proactive steps to protect them, as instances of abuse and neglect continue to occur.

In this blog post, we will explore the various rights granted to nursing home residents under federal and state laws, and the ways families can ensure those rights are upheld. By shedding light on the rights of nursing home residents, we aim to empower families to thoroughly evaluate long-term care facilities and monitor the treatment their elderly loved ones receive. 

Fundamental Rights of Nursing Home Residents

Nursing home residents’ rights are protected under federal laws, such as the Nursing Home Reform Act of 1987. Some of the fundamental rights include:

  1. Right to Privacy: Nursing home residents have the right to privacy regarding their personal, medical, and financial matters, as well as in their living spaces, during phone calls, and visits.
  2. Right to Dignity and Respect: Residents should be treated with courtesy and dignity and should be encouraged to exercise their rights without fear of retaliation.
  3. Right to Safety and Security: Nursing home residents have the right to be free from abuse (physical, emotional, sexual, and financial) and neglect, and to live in a safe environment.
  4. Right to Appropriate Medical Care: Nursing home residents have the right to receive appropriate medical care based on their individual needs, preferences, and limitations.
  5. Right to Participate in Care Planning: Nursing home residents have the right to be informed of their medical condition, be involved in the development of their care plan, and refuse treatment if they so choose.

Recognizing and Addressing Potential Violations

Family members should be vigilant in monitoring their loved ones’ care to ensure that their rights are respected. Potential violations may include:

  1. Signs of Abuse or Neglect: Unexplained injuries, sudden mood changes, poor personal hygiene, bedsores, or weight loss may be indicators that a resident’s rights to safety, security, and appropriate medical care are being violated.
  2. Lack of Privacy: If staff members are intrusive or discourage residents from having private conversations, their right to privacy may not be respected.
  3. Disrespectful Treatment: Dismissive, rude, or inappropriate behavior by nursing home staff may infringe upon residents’ rights to dignity and respect.

If you suspect a violation of your loved one’s rights, it is crucial to address the issue promptly. Speak up, document concerns, and report the incident to the appropriate authorities, such as the nursing home administrator, local ombudsman, or state regulatory agencies.

Advocating for Improvements and Policy Changes

To protect nursing home residents’ rights and prevent abuse or neglect, families should actively advocate for improvements and policy changes. This may include:

  1. Requesting Staff Training: Encourage the nursing home administration to provide staff training on residents’ rights and how to uphold them.
  2. Supporting Enhanced Oversight: Advocate for increased regulation and oversight to enforce compliance with laws and regulations that protect nursing home residents’ rights.
  3. Participating in Resident Councils: Encourage your loved one to join their nursing home’s resident council and attend meetings when possible to voice concerns and promote positive change.

Seeking Legal Assistance to Protect Nursing Home Residents’ Rights

When a nursing home resident’s rights have been violated, it is vital to seek the assistance of a skilled attorney. An experienced nursing home abuse attorney like those at Jehl Law Group can help:

  1. Understand Legal Options: A knowledgeable attorney can explain your legal options and provide the necessary guidance on how to proceed.
  2. Collect Evidence: Work with your attorney to gather crucial evidence, such as photographs, medical records, witness statements, and financial documents, to build a strong case.
  3. File a Lawsuit: A dedicated attorney can help you file a lawsuit against the negligent nursing home and work diligently to obtain compensation for your loved one’s damages.

Final Thoughts

Awareness and an understanding of nursing home residents’ rights are essential to ensuring their well-being and dignity. By staying proactive, engaged, and informed, families can help safeguard their elderly loved ones from abuse and neglect in long-term care facilities.

Trust the compassionate and dedicated team at Jehl Law Group to provide unwavering support, guidance, and representation in cases of nursing home abuse and neglect. Our extensive legal experience and commitment to our clients’ rights enable us to protect the well-being and dignity of nursing home residents effectively.