When you book a hotel room for a vacation or business trip, your reservation is a kind of contract. In exchange for the fee for the room, you will be given a place to stay that is based on what the hotel describes as the room.
However, there is no guarantee that the room will be up to your standards of comfort. It might not be as clean as you like, or there could be problems with the heat or AC.
Living in a nursing home is quite different. All those items that a nursing home resident requires for their comfort and care are carefully detailed in a contract. When that contract is breached in any way, it can be considered a type of nursing home abuse or neglect. Those breaches can be minor incidents that, once reported to the staff, are rectified. For the more serious abuses, you might need to involve the services of a skilled nursing home abuse attorney.
An attorney who understands the nursing home residents’ rights can help you determine the best course of action to take to help your loved one. Before you hire an attorney, it is vital that you understand the rights of nursing home residents in Pennsylvania.
Federal and State Laws
Both the federal government and the state have carefully written laws with the sole purpose of protecting nursing home residents. Many of the laws overlap and provide the same types of protections. That’s a good thing because it reinforces how a nursing home should be in compliance and meet those standards in the care of its residents.
The Pennsylvania Department of Human Services put forth a list of 26 assisted living resident rights. These rights cover a wide range of concerns including issues surrounding discrimination and defining that a resident “may not be neglected, intimidated, physically or verbally abused, mistreated, subjected to corporal punishment, or disciplined in any way. A resident must be free from mental, physical, and sexual abuse and exploitation, neglect, financial exploitation, and involuntary seclusion.”
There are additional rights that spell out access to a telephone, mail, and other forms of communication with family, friends, and doctors. The rights also include the living standards each nursing home resident can expect, including clean rooms, fresh bedding, and the right to socialize and receive visitors.
These resident rights provide the standard of care for your loved one. They are a good “checklist” to review at your visits. Remember that these rights extend to everyone living in a nursing home. While your loved one is properly cared for, you might see signs of neglect with another resident. You are entitled to ask about their care as well. The staff should welcome any discussion about the standard of care they provide.
When the Rules Are Broken
What are you supposed to do when the rules are broken, and you suspect you’re dealing with a case of nursing home abuse? The attorneys at Shrager, Sachs, & Blanco can provide the answer to that question. We understand the challenges a family faces when the nursing home where their loved one is residing is not meeting the care and safety standards that are enshrined in law. We can answer your questions and provide the guidance you need to report the matter properly.
If the matter is not resolved satisfactorily or there has been severe injury or harm, we could also provide recommendations about filing civil complaints to seek a remedy.
When it comes to caring for your loved one, their rights must be respected and protected.
