Minnesota Nursing Home Lawyer

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

Free of Interference in Nursing Home

Nursing Home Residents Have the Legal Right to be Free of Interference

Unless you are free of interference many other rights are diminished.  The environment for residents in a nursing home is very important. The federal government does its best to set forth minimum resident rights including the right to be free of interference. In short it means when you live in a nursing home or skilled living facility you should still be able to carry on as much of a normal life as possible. The staff of the nursing home should make measures to accommodate you as the resident as much as possible. When practicable resident cares should accommodate the residents lifestyle. Just because you are resident in a nursing home does not mean that you do not have the right to privacy. In fact federal regulation is clear that you have the right to be free from interference.

Nursing home staff must also comply with federal regulations which allow a resident to have a dignified existence with self-determination and to be free from coercion. Often times due to staffing problems residents are rushed or coerced into acting as requested by the staff. Resident cares should be performed in accordance with their care plan and by Doctor’s orders residents should not feel pushed, forced or hurried.

An additional resident right is that they should still have availability to the outside world. Nursing homes need to accommodate the residents in need for medical appointments as well as provide arrangements for needed services either inside or outside the facility.

§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.

(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.

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If you have concerns about violation to the rights of residents in a nursing home and as a result they have suffered some form of injury you may have a legal claim. Some forms of that of resident rights are addressed best through the social services system and contacting the ombudsman or through complaints made to the nursing home management and social worker. When an injury is involved, sexual abuse or some other serious form of event there are many additional avenues of recourse including contacting the police, Minnesota Department of Health, and an experienced nursing home neglect attorney. Attorney Kenneth LaBore has handled hundreds of complex medical malpractice in nursing home cases and is willing to provide a free consultation to answer your questions and discuss your concerns. To contact Ken LaBore call 612-743-9048 or toll free at 1-888-452-6589 or 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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