Protecting residents’ rights requires constant recognition of those rights, as well as allowing residents to fight back through legal means. In the past, the ability to defend yourself would often be restricted by the lack of precedent. Residents may not be aware what their options are, or if their case is even worth fighting. But recently, the U.S. Supreme Court has changed that.
In the News
In a U.S. Supreme Court case from this past summer, it was determined that “residents have the right to sue government-run nursing homes for violations of their federal rights.” (CANHR) The case involved a resident who had been chemically restrained with antipsychotics and then illegally evicted. The result of the case determined that residents of government-run nursing homes have the right to file a Section 1983 lawsuit against nursing homes.
Section 1983 “provides an individual the right to sue state government employees and others acting “under color of state law” for civil rights violations.”
This new precedent gives residents just one more defense against negligent or abusive caregivers. It is cases like this one that benefit everyone and make seeking justice easier for some of America’s most vulnerable citizens.
Residents Rights
The Federal Nursing Home Reform Law grants specific rights to residents living in nursing homes. It is important to know and understand these rights so you can better protect yourself and loved ones. Among these rights are:
- Right to a Dignified Existence: This is the right to be treated with dignity and respect, as well as the right to freedom from chemical restraints, abuse, discrimination, and coercion.
- Right to Self-Determination: This right says the residents are allowed to choose their schedule, representative, activities, and physician. It also says that residents have the right to a “person-centered plan of care that incorporates personal and cultural preferences.”
- Right to be Fully Informed: This is the resident’s right to all information regarding their care, inspectors reports for their long-term care facility, medical and medicine changes, and more.
- Right to Raise Grievances: This is the right to lodge complaints, file lawsuits, speak with an ombudsman, and more without the fear of retaliation.
- Right of Access: The right of access ensures residents have the right to outside visitors, personal records, doctors, assistance, and religious activities and services.
- Right to Privacy: This is the right to discretion and privacy regarding medical, financial, and personal information, as well as the right to communication with whomever they please.
To read more thoroughly into these rights and others, visit the National Consumer Voice for Quality Long-Term Care’s fact sheet.
If you or a loved one have been the victim of nursing home neglect or abuse, call Gharibian Law (877-460-1187) today for a FREE consultation and the best legal representation.
