Minnesota Nursing Home Lawyer

Nursing Home Residents Have the Right to Refuse Care and Advanced Directive

Right to Refuse Care, Prescribed by Law

A resident in a skilled nursing facility or nursing home has the right to refuse care and advanced directives.  Advanced directives are also known as “DNR/DNI” (Do Not Recusitate/Do Not Intubate).   This means a nursing home cannot force a resident or their legal representative to have instructions to limit care in the event of certain medical diagnoses or conditions.   Signing a DNI/DNR can be a risk for residents in that facility staff may not provide necessary life saving care, or in an attempt to comply with what is believed to be the resident’s wishes, place him/her on hospice when a short hospital stay or relatively minor surgery could have prolonged the resident’s life.

Often times residents or their family members or legal representatives are asked to sign several documents as part of the admissions or readmission to a nursing home. One of the documents people are asked to sign is some form of an advance directive it can be titled several different ways including advanced directives, last wishes, DNR/DNI or by other names. Federal law makes it clear that you are not required to sign any advance directive as a requirement for admission into a skilled nursing facility or nursing home. In addition to advanced directives residents are often asked to sign the additional documents including arbitration agreements which by their nature limit the scope and venue for disputes regarding the quality of care and services provided at the facility as well as claims her injury or wrongful death. My recommendation that anyone signing advanced directives or arbitration agreements do so with great caution and only after consulting with qualified legal professional.

I recommend that residents and their family members sign advanced directives with great caution.  Make sure that there is no exclusion for providing life sustaining elements such as food, water, medicine, etc. – as amazing as it may seem there are times that facilities argue that providing water and food was not incompliance with advanced directives as it “prolongs life” for a resident perceived by the facility and their medical staff to be in their last days.   

§483.10
Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(b)(4) The resident has the right to refuse treatment, to refuse to participate in experimental research, and to formulate an advance directive as specified in paragraph (8) of this section; and

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 In the event that you are concerned about the results of neglect and abuse towards elderly or vulnerable people who reside in a nursing home or other type of care facility contact attorney Kenneth LaBore for free information and a consultation.  Mr. LaBore can be reached by phone at 612-743-9048 or toll free at 1-888-452-6589 or by email at: KLaBore@MNnursinghomeneglect.com

Right to Health Status

Nursing Home Residents Have the Right to Health Status and Medical Condition

Right to Health Status is critical, A resident and their legal representative are legally entitled to receive their health status and medical condition in a language they can understand.  In order to make thoughtful and informed decisions regarding their health care of a resident in a nursing home or their legal representative must have access to information concerning their healthcare including their medical records and chart as well as a copy of their Care Plan, Doctor’s Orders, Diagnosis and other records to help in their healthcare, housing, finance and other decisions.

§483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(b)(3) The resident has the right to be fully informed in language that he or she can understand of his or her total health status, including but not limited to, his or her medical condition;

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Nursing home abuse and neglect comes in many forms.  If you believe that someone you love has been the victim of elder abuse and neglect in a skilled nursing facility such as a nursing home or an assisted living or other care provider contact board for free consultation can be reached by phone at 612-743-9048 or toll free at 1-888-452-6589. Support by email at: KLaBore@MNnursinghomeneglect.com

 

 

 

 

Access to Records for Nursing Home Residents

Nursing Home Residents Must Have Access to Records Pursuant to Federal Law

Access to Records is a very important issue for residents and family members who want to ensure that care and treatment in is being provided in accordance with the resident’s Care Plan.  It is important that the care and treatments provided to residents of a nursing home are properly charted. By reviewing the records you can determine the medications provided, treatments provided, important events which the nursing notes, changes in the physicians orders and more.  Also usually the first of investigating any allegations of abuse or neglect is to obtain a residence records and to see what was charted. Often times and determine neglect by what is not charted for example a resident who requires frequent turning and repositioning to a high risk of skin breakdown here develops severe pressure ulcer will often times have treatment records where there is minimal or nonexistent charting of the necessary care. 

Therefore, access to a residence records is crucial. Nursing homes and other care providers in a nursing home such as physical therapy physicians are required to provide copies of residents chart for review pursuant to federal and state law.

§483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(b)(2) The resident or his or her legal representative has the right—

(i) Upon an oral or written request, to access all records pertaining to himself or herself including current clinical records within 24 hours (excluding weekends and holidays); and

(ii) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or any portions of them upon request and 2 working days advance notice to the facility.

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For concerns regarding the care and treatment of a loved one nursing home or other eldercare facility contact attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589.  Mr. LaBore can also be reached by email at: KLaBore@MNnursinghomeneglect.com

Facility Must Inform Residents of Their Rights

Facility Must Inform Residents and Their Legal Representatives of Resident Rights

A skilled nursing facility must inform residents of many rights which are mandated by federal regulation.  There is little benefit in having rights if you are unaware of them.   Nursing home resident and their family members need to be familiar with the legal rights of the residents, in addition to the policies and procedures, Care Plans and other information necessary to determine if a resident is receiving the highest care practicable.   I will be writing blogs on many of the rights of residents and attempt to explain how residents, legal representatives and family member can assert the rights of the residents to promote the quality of care and quality of life for our senior and vulnerable population.

§483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(b) Notice of rights and services. (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The facility must also provide the resident with the notice (if any) of the State developed under section 1919(e)(6) of the Act. Such notification must be made prior to or upon admission and during the resident’s stay. Receipt of such information, and any amendments to it, must be acknowledged in writing….

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Most forms of abuse and neglect are preventable.  If you are concerned about the violation of resident rights or abuse, neglect or other concerns leading to injury contact attorney Kenneth LaBore for a free consultation for information on how to how the nursing home accountable.   Mr. LaBore can be reached at 612-743-9048 or by email at: KLaBore@MNnursinghomeneglect.com

Rights of Resident are Exercised by the Person

In a Home or Skilled Nursing Facility, the Rights of the Resident are Exercised by?

The rights of resident are exercised by the person who has legal authority over the nursing home resident, such as their Power of Attorney (POA), Health Care Directive, or Guardian/Conservator.  Although anyone can speak up when they see a violation of a resident’s rights and contact the management of the nursing home, the police, or the Minnesota Department of Health depending on the circumstances. 

 §483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(a) Exercise of rights.

(3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf.

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For more information about nursing home abuse and neglect and elder rights contact attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589. Mr. LaBore can also be reached by email at:

KLaBore@MNnursinghomeneglect.com

 
Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER BLOG


Kenneth L. LaBore, Esq, Phone: 612-743-9048 or Toll Free: 1-888-452-6589


This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Minnesota Nursing Home Lawyer & Attorney of Kenneth LaBore - Attorney at Law, offering services related to elder abuse and neglect, nursing home, assisting living, and other senior or elder care facilities, serving Minneapolis, St Paul, Twin Cities, Mankato, Duluth, Bloomington, and throughout Minnesota.


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