Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Nursing home neglect can be signaled by violations of rights

All nursing home residents have legal rights that help them avoid being the victim of any sort of elder abuse or neglect. For nursing home residents and their family members, becoming familiar with those rights is vital to ensure these rights aren’t infringed upon. In some cases, a violation of these basic rights is an indication that the resident might become the victim of nursing home neglect or abuse.

One very important right is that residents can participate in their care planning. This means that they have the right to accept or refuse treatments as they desire. In no case can the resident be tied down or restrained unless it is necessary for them to receive treatment for their medical conditions. The improper use of restraints is a serious violation of residents’ rights.

All nursing home residents have the right to see their relatives and service providers. They can’t be kept away from other residents unless they wish to be kept away from them.

No nursing home resident can be treated differently based on how his or her services are paid for. This means that residents who are private pay must receive the same services as those who use Medicaid and Medicare. Limiting services for Medicare or Medicare patients is illegal.

Nursing home residents also have the right to receive care that will help to keep their life as normal as possible. This means that they can’t be subjected to abuse or neglect at the hands of the staff at the nursing home.

Legal action is possible when a nursing home resident’s rights aren’t honored. This is especially true when the violation of these or any other rights are to the point of nursing home neglect or abuse. Knowing the applicable Kentucky laws can help you determine how to proceed with claims against a nursing home.

Source: FindLaw, “Legal Rights of Nursing Home Residents” Sep. 12, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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