Legal Rights of Nursing Home Residents

Nursing home residents have specific rights under the law governing their treatment, care, safety and well-being.  The legal rights of nursing home residents are designed to prevent not only bedsores, but all forms of neglect, abuse, medical negligence, and malpractice that may arise during the course of a resident’s stay in the nursing home setting. Of the many rights that nursing home residents are afforded, the ones most concerned with bedsore development are:

Right to Appropriate and Timely Care

All nursing home residents have the right to appropriate care as outlined within the care plan developed upon admission to the nursing home. This care plan should be reevaluated regularly to ensure that it meets the needs of the nursing home resident and provides the means for the nursing home resident to live the fullest life possible while residing in the facility.

Right to Participation in Treatment Decisions

Either the nursing home resident, or the individual responsible for making decisions on the nursing home resident’s behalf has the right to participate in all treatment decisions. For some treatment options, such as bedsores, the nursing home resident or responsible party must explicitly agree to the treatment options before they can begin. Regardless, a full explanation of treatment options and the potential negative side effects as well as the benefits, should be explained by the nursing home resident’s physician or another competent medical professional.

Right to Refuse Care

Nursing home residents have the right to refuse any care that they do not wish to receive. They also have the right to be informed of any potential consequences of that refusal as it pertains to their health. The nursing home cannot force a resident to accept a certain treatment option, and must provide alternate options as available.

Depending upon the state that the nursing home resident lives in, there may be other rights as well. Many states who have large numbers of seniors living in nursing home facilities often provide more protections to those nursing home residents. Regardless of where you live, if you believe that you have been mistreated or neglected while residing in a nursing home setting, it is essential that you contact a well-trained, professional, and reputable nursing home abuse attorney as soon as possible in order to find out about your legal rights.

Bedsores are often a sign of neglect, as understaffed or poorly trained nursing home staff fail to meet the prevention guidelines established on the nursing home resident’s care plan. Lax procedural enforcement can lead to residents who are not turned on a proper schedule, and who do not have access to important nutritional supplements and necessary preventative equipment.

The time and money associated with treating bedsores is staggering, and the level of care provided by the nursing home may not be enough. Therefore, if you or your loved one has developed a bedsore, or complications due to bedsores, it is in your best interests to contact an attorney who understands your legal rights in this situation. You or your loved one may be entitled to monetary compensation as a result of the nursing home’s neglectful treatment.