What Are the Rights of Nursing Home Residents?

A nursing home is a facility designed to provide long-term care for anyone unable to live independently because of mental or physical conditions. These institutions mostly house older adults, but can also cater to younger individuals with specific needs. There are more than 15,000 nursing homes in the nation, and about 1.3 million residents live in them. While there’s no denying the critical service that nursing homes provide, cases of nursing home abuse are more prevalent than most people imagine. One in 10 nursing home residents experiences abuse, according to information from the National Center on Elder Abuse. It is, therefore, important to understand the rights of nursing home residents. If you witness or experience a form of abuse, contact the authorities and talk to a lawyer immediately.


Legal firms understand the law as it applies to these nursing home abuse cases, and they know how to build persuasive cases for the people whom they represent. The expertise of someone like attorney Michael Duffy of Duffy & Duffy, PLLC can surely come in handy for the affected family. 

The Right to Respect and Dignity 

Caregivers should not isolate, humiliate, or belittle residents. If this happens, the first step should be to report it to the nursing home’s management.

The Right to Privacy

Common privacy violations include caregivers entering a resident’s room without permission, looking through their belongings, or even eavesdropping on conversations. Such incidents should be reported.

The Right to Personal Care

Nursing home residents are entitled to assistance with basic hygiene and health needs. This includes bathing, toileting, dressing, and eating. When these rights are neglected, they can lead to serious emotional and physical harm, such as infections, bedsores, malnutrition, and a decline in overall well-being.

The Right to Freedom From Abuse and Neglect

Staff members aren’t allowed to inflict any form of physical, sexual, or financial abuse on residents. This right protects their dignity, safety, and well-being. Look for unexplained bruises, burns, or fractures; these may indicate physical abuse. Unexplained sexually transmitted infections or difficulty sitting or walking could point to sexual abuse.

The Right to Participate in Decisions 

Nursing home residents have the right to participate in care, treatment, and daily life decisions. Residents can’t make changes to their care, like moving to another facility, without their consent.

Can a Nursing Home Be Held Accountable for the Actions of Its Employees?

If a nursing home employee violates the rights of residents while on duty, the facility can be held accountable for their actions. This is based on the doctrine of vicarious liability, which directs that an employer is on the hook for actions of their employees if:

 

  • The worker was acting within the scope of their employment
  • The wrongful act was committed when the staffer was performing their duties

 

So, if a caregiver assaults a resident, the victim and their family are well within their rights to sue the facility for damages emanating from the assault.

The Importance of Working With an Attorney

If you or your loved one has had their rights violated at a nursing home, you should report the matter to the relevant authorities and also consider working with a nursing home abuse attorney. These professionals can help you decide on the next legal recourse based on their understanding of state and federal laws, such as the Nursing Home Reform Act.


Look for a professional with experience in elder abuse cases because they will know how to investigate nursing homes, gather evidence, and hold the facility accountable for employee or systemic neglect.


Here are the types of cases that these professionals typically handle: 

 

  • Physical or Emotional Abuse
  • Neglect of Medical or Personal Needs
  • Financial Exploitation
  • Wrongful Death Due to Neglect or Abuse
  • Violation of Residents’ Rights (e.g., lack of privacy, forced treatments)

Conclusion 

Nursing home residents have rights. They should be treated with decency and respect and allowed to participate in decisions that affect their daily lives.  If you experience or are a witness to nursing home abuse, you should inform the police and consult with a nursing home abuse lawyer.