Know Your Rights as a Nursing Home Resident

Nursing homes have the responsibility to protect their residents and promote their well being and dignity. Unfortunately, though, sometimes nursing homes violate residents' rights. Sometimes residents and their families are unaware of their rights, and nursing homes are not held accountable. Do you know your rights?

Per Medicare, Nursing home residents have the following rights as outlined in the 1987 Nursing Home Reform Law:

1. Be treated with dignity and respect

2. Be free from abuse and neglect

   • You have the right to be free from verbal, sexual, physical, and mental abuse. If you feel you have been mistreated (abused) or the nursing home isn't meeting your needs (neglect), report this to the nursing home, your family, and your State Survey Agency. If you feel further action is necessary, don't hesitate to contact the attorneys at Daniel Pleasant Holoman to help.

3. Be free from discrimination

   • For more information, visit The Department of Health and Human Services, Office for Civil Rights here.

4. Be free from restraints

   • You have the right to be free from physical restraints (like side rails) or chemical restraints (like drugs) to subdue you for the staff's convenience

5. Make complaints without fear of punishment, and the nursing home must address the issue promptly

6. Participate in activities designed to meet your needs

7. Get proper medical care

   • Be fully informed about your medical condition, medications, vitamins, and supplements

   • Be involved with a doctor of your choice

   • Participate in decisions that affect your care

   • Access all your records and reports

8. Have your representative notified if:

   • You're involved in an accident and are injured and/or need to see a doctor

   • Your physical, mental, or psychosocial status starts to get worse

   • You have a life threatening condition

   • You have medical complications

   • The nursing home decides to transfer or discharge you

9. Have your family and friends involved to ensure you get quality care

10. Spend time with visitors

11. Get information on services and fees

12. Get proper privacy, property, and living arrangements

13. Get social services

    • Help solving problems with other residents, counseling, help contacting legal and financial professionals, or discharge planning

14. Leave the nursing home for visits (if your health allows and your doctor agrees), or moving out

15. Have protection against unfair transfer or discharge

16. Form or participate in resident groups

    • You have the right to discuss issues and concerns about the nursing home's policies and operations. The administration must listen and act upon concerns or recommendations of the group

17. Manage your own money or choose someone you trust to manage your money

The attorneys at Daniel Pleasant Holoman have vast experience in nursing home injury and wrongful death cases, and can handle cases statewide in North Carolina, Tennessee, Georgia, and Kentucky. If you or your loved one has been injured or has died in a nursing home due to a violation of rights or other negligence, please contact Daniel, Holoman & Associates LLP. There is no charge to speak with someone to determine whether you have a case.