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
