We often talk about resident rights in terms of quality of life, daily activities, and general care. But your rights stretch well beyond the right to a shower, good nutrition, and freedom from abuse. In fact, your rights encompass all aspects of your care, including your medical rights. As a nursing home resident, it might be difficult to advocate for yourself, so we are always sharing information to help you be a good advocate for yourself and your loved ones. Here are 3 medical resident rights you need to know about.
Medical Resident Rights
Residents of nursing homes are often there because of growing or worsening medical conditions. In addition, new medical conditions may arise while you’re in the nursing home. So it is incredibly important to have a finger on the pulse of your rights as they relate to the medical industry and medical care you’re receiving.
3 Medical Resident Rights
1) Access to Medical Records.
As a resident, you have the right to access your own medical records. The nursing facility has up to two business days to comply and provide copies or access to your medical records. The nursing home does have the right to charge up to $0.25 per page for copies, but they cannot deny you access. Additionally, by law, beneficiaries and authorized third parties also have a right to access all medical records of the resident.
2) Right to Restraint-Free Care.
Restraints are a complicated problem. In some cases certain restraints might keep a resident and staff safe. However, residents have the right to not be restrained indefinitely or regularly. If restraints are used inappropriately it is considered abuse and neglect. According to law and the California Advocates for Nursing Home Reform restraints include the following criteria:
- Is attached or adjacent to the resident’s body;
- Cannot be removed easily by the resident; and
- Restricts the resident’s freedom of movement or normal access to his or her body. Centers for Medicare & Medicaid Services (CMS) State Operations Manual (SOM) Appendix PP at F604.
3) Informed Consent.
It is, unfortunately, common for residents to be taken advantage of by their caretakers. As a result, it is vital that you know your rights regarding informed consent. Informed consent means you must be given information regarding:
- diagnosis;
- nature and purpose of proposed treatment & desired outcome;
- risks and benefits; and
- alternative treatments (including doing nothing).
Additionally, you must be told the purpose of drugs being prescribed, the nature of treatments, possible drug interactions, alternative treatments, and more. As the resident/patient, you also have the right to refuse treatments.
Learn more about informed consent with the California Advocates for Nursing Home Reform consent fact sheet.
If you or your loved one have been the victim of medical negligence or abuse, call Gharibian Law (866-624-7313) for a FREE consultation and the best legal representation.
