Nursing Home Bill of Rights
People over 55 years old have special rights. An elderly citizen has rights even if they live in a nursing home. Often, the very people who violate the rights of nursing home residents are responsible for caring for the victim's day-to-day needs. Elders in nursing homes are extremely vulnerable to violations of their rights because they are medically frail and often have mental impairments, making them powerless against abusive behavior.
Oklahoma nursing home residents do not have to endure violations of their rights. Nursing homes facilities are required by law to assure that nursing homes receiving Medicaid funds "implement and enforce" the Rights of the Elderly. Some of The Rights of the Elderly include:
- An elder person may not be physically or mentally abused or exploited. This type of abuse includes involuntary seclusion, humiliation, intimidation, harassment, hitting, slapping, kicking, and verbal abuse.
- An elder person may not be chemically or physically restrained unless the restraint is necessary in an emergency to protect the elderly individual or others from injury or a doctor gives written authorization for a limited and specific period of time. Tying a resident to a bed or chair to prevent them from moving freely is a violation of an elder person's rights.
- An elder person should be treated with respect, consideration and recognition of their dignity and individuality. An elder should receive personal care and private treatment. A nursing home resident should, at all times, be dressed, well groomed and clean. They should be allowed to express preferences about food, sleeping, and waking times.
- An elder person may not be denied appropriate care on the basis of race, religion, color, national origin, sex, age, handicap, marital status, or source of payment. Nursing homes cannot provide better care for private-pay or Medicare residents than they do for Medicaid recipients, who are generally less profitable for the nursing home.
- An elder person may state grievances and recommend changes in policy or service without restraint, interference, coercion, discrimination or reprisal. The nursing home facility must develop procedures for submitting complaints and recommendations by elderly individuals.
- Nursing home residents are also afforded certain "Quality of Care" rights. Specifically, each nursing home resident is entitled to receive the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being. In order to do this, a nursing home facility must insure that a resident's abilities in activities of daily living do not diminish unless the resident's health condition shows that the situation is unavoidable. This includes the resident's abilities to:
- Dress and groom
- Transfer and ambulate
- Use the restroom
- Use speech language
If a resident is unable to carry out activities of daily living, the nursing home must provide the necessary services for the resident to maintain good nutrition, grooming, and personal hygiene.
We can handle your potential legal case if you are in any of these Oklahoma cities. Even if your city is not listed you may still speak with one of our Oklahoma nursing home neglect attorneys by filling out our contact form or calling us toll-free at 1 (866) 664-0400.
Ada, Afton, Altus, Alva, Anadarko, Ardmore, Atoka, Bartlesville, Blackwell, Broken Arrow, Catoosa, Chandler, Checotah, Chickasha, Claremore, Clinton, Del City, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Erick, Frederick, Glenpool, Grove, Guthrie, Guymon, Henryetta, Idabel, Lawton, Locust Grove, Mcalester, Miami, Midwest City, Moore, Muskogee, Norman, Oklahoma City, Okmulgee, Owasso, Pauls Valley, Perry, Ponca City, Poteau, Pryor, Roland, Sallisaw, Sand Springs, Savanna, Shawnee, Stillwater, Stilwell, Stroud, Tahlequah, Tulsa, Vinita, Wagoner, Weatherford, Woodward, Yukon
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Phone: 918-622-9292 | Fax: 918-549-6794