In the past few years, it seems like nursing home abuse cases have increased significantly. With so many cases of abuse, there is now a focus on what nursing homes should do and what nursing homes are not allowed to do.
If someone you love resides in a nursing home, knowing what is allowed and what is not is important.
In situations where you notice these things happening, you have legal options. One option is to contact our nursing home abuse laywers at Zimmet & Zimmet. We can review your situation and help you pursue legal action. Learn more about what nursing homes cannot do there.
Here, you can learn more about things that are not allowed by nursing homes and what options you have if you discover your loved one is a victim of these acts.
Provide Inhumane Treatment
State and federal law state that residents in nursing homes are to be treated with dignity and respect.
All residents have the right to decide for themselves. Nursing home residents’ decisions include what time they go to sleep and when they wake up, the time they have their meals, and what activities they participate in each day.
Nursing home staff are not allowed to abuse residents verbally or physically, isolate them from others, or neglect them.
You may wonder, “can a nursing home prevent you from visiting,” this is a challenging question. In some situations, such as instances of sickness, it may be possible for this to happen. If you are unsure if it is legal, you should speak to an attorney who understands the law.
Discriminate Against the Residents
Federal law makes it illegal for staff members at nursing homes to discriminate against residents or those considering the facility for long-term care if they are members of protected classes. Additionally, it is illegal for nursing homes to make admissions decisions based on someone’s color, gender, religion, age, race, or other protected characteristics or treat them differently than residents who are not in those classes.
Manage the Resident’s Money without Family Consent
It is permissible for nursing homes to provide residents with financial aid and services. The residents cannot be prevented from allowing the nursing home to control their assets and money.
Even when the resident consents to this, the facility must provide regular financial statements to the resident or their family. Additionally, residents must always maintain control and access to their funds.
If the resident’s money (all or part) is put into any managed account, it must pay interest.
Retaliate Against Complaints
While those in nursing homes often need help with day-to-day activities, they still have the right to humane and respectful treatment.
If this is not provided, they can complain to the facility’s manager or even file a complaint with a government agency. After this happens, nursing homes nor staff members can retaliate against the residents for making these complaints. The residents still deserve to be treated with dignity.
Forcing Medical Treatment on a Resident
It is not unusual for nursing home residents to have health problems or medical issues. While this is true, they still have the right to see their own doctor and refuse care from the practitioner hired by the nursing home.
Nursing home residents, even those with medical issues, can decide who provides them with medical treatment. If they do not want a doctor to treat them, they can refuse care, and their wishes must be followed.
How to Handle Nursing Home Mistreatment
You have legal rights if you believe your loved one is being mistreated in a nursing home. You can file an official complaint with the facility or a government entity.
You also have the option to seek legal remedy. At Zimmet & Zimmet, our legal team has years of experience helping nursing home residents and their families recover compensation for neglect, abuse, and other issues.
Remember, some things are not allowed, and if your loved one suffers from these issues, you can contact our legal team for assistance. We can help you recover compensation for the mistreatment of a nursing home or the staff at the facility.