introduction

Introduction to Skilled Nursing Facilities (Nursing Homes)

A skilled nursing facility, also known as a nursing home, is a residential facility that provides 24-hour nursing care and assistance to individuals who require a higher level of medical care and assistance than what can be provided at home or in an assisted living facility. These facilities are designed to cater to the needs of elderly individuals or those with chronic illnesses or disabilities.

A Man and a Woman Assisting an Elderly Man in Standing

These rights are designed to empower residents, promote their well-being, and ensure they are treated with the utmost respect and dignity while residing in a nursing home in California. It’s essential for both residents and their families to be aware of these rights and advocate for their enforcement when necessary.

California Health and Safety Code, Sections 1599.1-1599.11

California Code of Regulations, Title 22, Sections 72527-72529 and 73523-73529

Code of Federal Regulations (CFR), Title 42, Section 483

Nursing Home Resident Rights

In California, the rights of residents in nursing homes are protected by both state and federal laws. These rights ensure that residents receive appropriate care, are treated with dignity and respect, and have a voice in their healthcare decisions.

Residents have the right to be treated with dignity, respect, and consideration. This includes being addressed by their preferred name and having their personal privacy respected.

Residents are entitled to receive necessary care and services to attain or maintain their highest physical, mental, and psychosocial well-being. The facility must provide a level of care that meets professional standards.

Residents have the right to privacy in their medical treatment, personal care, and personal belongings. Facilities must maintain confidentiality of medical and personal information.

Residents have the right to participate in the development and implementation of their care plan. This includes the right to be informed about their medical condition and treatment options.

Residents have the right to make independent choices regarding their daily schedules, activities, and other aspects of their lives. This includes the right to manage their own finances, if they choose to do so.

Residents have the right to voice grievances and have those grievances addressed by the facility without fear of retaliation. Nursing homes must have a formal grievance procedure in place.

Residents have the right to receive visitors of their choosing at any reasonable hour. Restrictions on visitation must be based on clinical necessity or the resident’s preferences.

Residents have the right to refuse any treatment, medication, or procedure. The facility must inform residents of the consequences of refusing treatment.

Residents have the right to be free from physical, mental, and verbal abuse, as well as any form of physical or chemical restraints that are not medically necessary.

Residents must be informed, both verbally and in writing, of their rights and all rules and regulations governing their conduct and responsibilities during their stay in the nursing home.

Federal Laws Governing Skilled Nursing Facilities

Skilled nursing facilities are regulated by various federal laws to ensure the safety and well-being of residents. The two primary federal laws governing skilled nursing facilities are:

The Nursing Home Reform Act (1987): This law sets the standards for the quality of care provided in nursing homes that participate in Medicare and Medicaid programs. It outlines residents’ rights, staffing requirements, and quality assurance measures.
The Elder Justice Act (2010): This law addresses elder abuse, neglect, and exploitation, including provisions for reporting, investigation, and prevention of abuse in nursing homes.

State Laws Governing Skilled Nursing Facilities

In addition to federal laws, each state has its own set of laws and regulations governing skilled nursing facilities. These state laws may vary, but they generally cover areas such as licensing requirements, staffing ratios, safety standards, and complaint procedures. It is important to consult the specific laws of your state for accurate information and citations.

Common Resident Injuries

Residents in nursing homes are vulnerable to various injuries due to their age, health conditions, and the nature of their care. Some common injuries include:

Pressure injuries (bedsores)

These are injuries that develop when a person remains in the same position for extended periods, leading to tissue damage.

Falls with fractures

Falls are a significant concern in nursing homes, and they can result in fractures, head injuries, and other serious consequences.

Infections

Residents may be at a higher risk of developing infections, such as urinary tract infections or pneumonia.

Wandering

Some residents may wander unsafely due to cognitive impairments, which can lead to injuries or getting lost.

Common Claims Against Nursing Homes

When a resident suffers harm or injury in a skilled nursing facility, there may be grounds for legal action. Some common claims against skilled nursing facilities include:

Learn More

Neglience
Wrongful Death
Elder Abuse – Physical Abuse
Elder Abuse – Neglect

Why an Experienced Elder Abuse Attorney is Necessary

When pursuing a lawsuit against a nursing home, it is crucial to have the guidance and representation of an experienced elder abuse attorney. These attorneys specialize in handling cases involving nursing home abuse, neglect, and violations of resident rights. They possess the knowledge and expertise to navigate the complex legal landscape and advocate for the best interests of the injured resident. By partnering with an experienced elder abuse attorney, families can seek justice and hold nursing homes accountable for any harm caused to their loved ones.

Ready to chat? Schedule a consultation.

Don’t see a time slot that works for you? Send a message and we’ll work with you to schedule a consultation.

Schedule Consultation