All Residents Have the Right to a Dignified Existence
There are many resident rights established by both federal and state law including the right to self-determination, and a right to a dignified existence with access to persons and services both inside and outside the facility. Other rights a nursing home facility must promote for each resident include the right to be free from coercion, interference, discrimination and reprisal from the facility for any exercise of the rights.
In the event that a resident is lacking the mental capacity or for some other reason adjudged incompetent by state or federal law their legal representative whether it be power of attorney or under a health care directive or a party a signed as a conservator or guardian shall have the same rights as the resident to enforce resident rights on behalf of any nursing home or skilled nursing home facility resident.
Another requirement for the facilities to notify residents orally and in writing explaining their rights and assuring they understand their rights and regulations which govern resident conduct and behavior during their stay.
§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. (1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her 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.
(4) In the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident’s rights to the extent provided by State law.
(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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Due to short staffing levels many different types of events occur including preventable falls, urinary tract infections, residents who receive inadequate wound care, medication errors, issues with dehydration and nourishment for the residents, infectious disease and other serious conditions. If anyone in your family has questions about nursing home or skilled nursing facility resident rights or have concerns about the quality of care provided for vulnerable residents, attorney Kenneth LaBore has years of experience handling a variety of complex and serious nursing home abuse and neglect cases. Most forms of preventable nursing home abuse as a result of a lack of quality staff providing necessary cares as prescribed in the resident’s care plan. For a free consultation or call with attorney Kenneth LaBore contact him at 612-743-9048 or toll free at 1-888-452-6589 or by email at: KLaBore@MNnursinghomeneglect.com
