Understanding Nursing Home Patient Rights
Knowing the rights of nursing home residents is essential to ensuring their safety. Whether you’re a resident, a family member, or a caregiver, being informed about these rights empowers you to advocate for proper care and treatment.
Below, we outline nursing home patient rights and provide guidance on what to do if these rights are violated, including steps to report misconduct and seek legal recourse.
The Foundation of Nursing Home Patient Rights
In California, residents of Medicare/Medicaid-certified and private-pay nursing homes are protected under state laws, including the California Patients’ Bill of Rights and the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).
Additionally, residents in Medicare/Medicaid-certified facilities are also protected under federal law, including the Nursing Home Reform Act (NHRA) of 1987.
Below are the legal rights afforded to all nursing home residents in the state.
The Right to Be Treated with Respect and Dignity
Every resident in a nursing home has the right to be treated with respect and dignity. This means caregivers must honor residents’ preferences and address them respectfully.
Nursing home residents have the right to:
- Make personal choices about daily activities, clothing, meals, and social interactions.
- Refuse unnecessary restrictions that limit their independence.
- Not be subjected to verbal, emotional, or psychological abuse.
For example, residents should be free to decide what to wear, when to eat, and how to spend their day within the facility.
The Right to Be Free from Abuse and Neglect
One of the most critical nursing home patient rights is the right to a safe and secure environment, free from all forms of abuse, neglect, and exploitation.
- Abuse can include physical, emotional, sexual, or financial harm.
- Neglect refers to the failure to provide adequate care, such as assistance with meals, hygiene, and medical needs.
- Exploitation involves the improper or illegal use of a resident’s resources, assets, or personal property for someone else’s benefit. This can include financial exploitation, theft of personal belongings, and pressuring a resident into financial decisions they do not fully understand.
Nursing home facilities and caregivers can be held liable if they violate these legal protections. Residents or their families should immediately report any signs of mistreatment to authorities or advocacy groups.
The Right to Self-Determination
Nursing home residents can make decisions about their lives and care. This includes:
- Choosing activities
- Participating in social or religious practices
- Refusing treatments or medications, provided they are aware of the potential consequences.
Additionally, residents have the right to make advance healthcare directives to outline their medical treatment preferences.
The Right to Participate in Your Care
Under California and federal law, nursing home residents must be actively involved in decisions about their medical care. Facilities must:
- Provide clear information about the resident’s diagnosis, treatment, and care plan.
- Consult residents about treatment changes and obtain informed consent before medical procedures.
- Allow residents to participate in developing their care plans and express preferences for their healthcare.
The Right to Information and Communication
Transparent communication is vital for safeguarding patient rights in a nursing home setting. Residents have the right to:
- Gain access to their medical records within 24 hours of request.
- Be notified of changes in their care, including new treatments or facility rules.
- Communicate freely with family, friends, attorneys, and advocacy organizations without restrictions.
The Right to Privacy and Confidentiality
Privacy is a fundamental right of nursing home residents. Residents should have privacy in all personal matters, including but not limited to medical treatment, communications, and living arrangements.
For instance, nursing home residents have the right to have private visits with loved ones and make phone calls without anyone listening in.
Additionally, medical records and personal information must be kept confidential unless the resident consents to sharing them.
The Right to Make Complaints
Residents or their families can voice concerns or complaints without fear of retaliation. Nursing homes must maintain a formal process for addressing complaints, and residents should be informed about utilizing it. They must also inform residents of their right to contact outside agencies who can advocate on their behalf for better care.
For instance, if a resident wants to file a complaint about a staff member’s behavior, the facility must provide a clear and accessible process for submitting the complaint, investigate the issue in a timely manner, and document the steps taken to address it. Additionally, under California Health & Safety Code § 1430, nursing homes are prohibited from retaliating against residents who file complaints, including through eviction, reduced quality of care, or intimidation.
If the issue is not resolved to their satisfaction, residents or their families have the right to escalate the complaint to state oversight agencies, such as the California Department of Public Health (CDPH), the Long-Term Care Ombudsman Program, and Adult Protective Services (APS).
Considering Legal Action for Patient’s Rights Violations Resulting in Injuries
When a nursing home resident suffers an injury due to the violation of one of the rights mentioned above, it may be appropriate to consider legal action to seek compensation for damages. Injuries can result from neglect, abuse, or inadequate care, which in turn can lead to significant physical, emotional, and financial consequences.
Common injuries that may warrant legal action include:
- Fractures or broken bones resulting from falls due to lack of supervision or assistance
- Bedsores (pressure wounds) caused by prolonged neglect
- Infections arising from unsanitary conditions or improper medical care
- Malnutrition or dehydration due to neglect
- Medication errors leading to adverse health effects
Pursuing legal action can hold the responsible parties accountable and provide compensation for medical expenses, pain and suffering, and other related damages.
Injured Due to Nursing Home Patient Rights Violations: Steps to Take
If you or a loved one has suffered an injury in a nursing home due to a violation of patient rights, consider the following steps:
- Seek Immediate Medical Attention: Ensure that any injuries are promptly evaluated and treated by a healthcare professional.
- Document the Incident: Keep detailed records of the incident, including dates, times, locations, and the individuals involved. Take photographs and videos of injuries, and gather any relevant medical records.
- Report the Violation: Notify the nursing home’s administration about the incident and file a formal complaint. It’s essential to have an official record within the facility.
- Contact Regulatory Authorities: Report the violation to appropriate state agencies. In California, you can contact the California Department of Public Health (CDPH) and Adult Protective Services (APS).
- Consult an Attorney: Seek legal counsel from an attorney experienced in elder law or nursing home abuse cases. They can assess the merits of your case and guide you through the legal process.
- Preserve Evidence: Retain all evidence related to the incident, including clothing, medical devices, or any other items that may support your case.
By taking these steps, you can protect your rights and pursue justice for the harm suffered.
Legal Recourse for Other Patient Rights Violations
While physical injuries often lead to legal action, nursing home residents can also seek legal recourse for other violations of their rights, even if no physical harm occurs. Under California law, patients have the right to dignity, privacy, financial security, and freedom from emotional abuse. If these rights are violated, legal claims may be possible. Residents and families should consult an attorney to explore their legal options.
Examples of non-physical violations that may justify legal action include:
- Emotional or psychological abuse, such as threats, humiliation, or isolation
- Financial exploitation, including unauthorized use of a resident’s funds or coercion to change legal documents
- Privacy violations, such as sharing medical records without consent
- Wrongful eviction, where a resident is discharged illegally or without proper notice
Residents or their families may file civil lawsuits, complaints with regulatory agencies, or seek legal assistance to hold nursing homes accountable for these violations.
As mentioned previously, if you suspect that a nursing home resident’s rights have been violated, it’s crucial to report the abuse to the appropriate authorities. Complaints can be filed with the California Department of Public Health (CDPH) for regulatory violations, Adult Protective Services (APS) for elder abuse cases, or the Long-Term Care Ombudsman Program for independent advocacy.
Beyond reporting the abuse, it’s important to consult an attorney who has experience in nursing home abuse or elder law to understand your legal options. An experienced attorney can help determine whether you have a case, guide you through the legal process, and advocate for fair compensation or corrective action.
Legal claims may seek damages for emotional distress, financial losses, violations of privacy, or wrongful eviction, even if no physical harm occurred. In some cases, punitive damages may also be awarded to hold the nursing home accountable.
Take Action: Consult Holm Law Group Today
When rights are violated, justice begins with a knowledgeable advocate. Holm Law Group is a proven champion for victims of elder abuse, personal injuries, wrongful death, and fraud. We have recovered millions on behalf of our clients and are committed to giving victims a powerful voice in the legal system.
If you or a loved one has been mistreated in a nursing home, we are here to help. Our dedicated team listens to your story, fights tirelessly for justice, and provides peace of mind throughout the legal process.
Contact Holm Law Group today for a free case evaluation and take the first step toward securing the justice you deserve.