Pennsylvania Nursing Home Resident Rights
When to seek justice for nursing home abuse and neglect
Residents’ rights in Pennsylvania nursing homes are often violated due to understaffing, insufficient training, and inadequate oversight. These issues can lead to neglect, improper use of restraints, failure to assist with daily activities, and violations like mishandling personal items or limiting communication with loved ones. Additionally, the profit-driven nature of some facilities may result in cost-cutting measures that compromise the quality of care and the protection of residents’ rights.
Understanding your rights is crucial because it empowers residents and their families to recognize when these rights are being violated and to take appropriate action against nursing home abuse and neglect. Being informed allows residents and their advocates to monitor the quality of care more effectively, address issues before they escalate, and seek help when necessary. When residents and their families understand their rights, they are better equipped to document violations, report them to the proper authorities, contact an experienced nursing home abuse and neglect lawyer, and seek legal recourse if needed, ensuring that the resident receives the quality care and respect they are entitled to.
Pennsylvania nursing home resident rights
Nursing home residents have legal rights that are designed to make sure they are treated with dignity, respect, and receive the appropriate care, regardless of their health or living conditions. These rights are granted under both federal and state laws to protect vulnerable individuals who may be at risk of abuse, neglect, or exploitation due to their dependency on long-term care facilities.
In the United States, the federal Nursing Home Reform Act of 1987 is a key piece of legislation that established these rights, ensuring that residents receive quality care and are able to live with as much independence as possible. In Pennsylvania, these rights are further supported by state-specific regulations that reinforce the protections afforded to residents in assisted living and nursing home settings. What are the rights that nursing home residents have?
Non-discrimination.
Residents have the right to be free from discrimination based on race, color, religion, disability, ancestry, sexual orientation, national origin, age, or sex. Common violations include unequal treatment or denial of services based on these factors. If you suspect discrimination, document the behavior and report it to facility management or relevant oversight agencies.
Freedom from abuse and neglect.
Residents are entitled to be free from physical, verbal, and sexual abuse, neglect, financial exploitation, and involuntary seclusion. Common violations include physical abuse, verbal mistreatment, or inadequate care. If abuse or neglect is suspected, report it to facility management, local authorities, or adult protective services, and gather evidence such as medical records or witness statements.
Privacy and communication.
Residents have the right to privacy in communication, including unrestricted access to a telephone and confidential handling of mail. Common violations include unauthorized access to personal mail or restricted telephone use. If privacy concerns arise, report these issues to facility management and document any incidents.
Religious freedom.
Residents have the right to practice their religion of choice or choose not to practice any religion. Common violations include restrictions on religious practices or denial of accommodations for religious needs. Notify the facility of any denial of religious accommodations and document the incidents.
Health care and personal assistance.
Residents are entitled to assistance with health care needs and maintaining personal clothing and possessions. Common violations include inadequate assistance with health care or sharing of personal clothing with others. Report deficiencies in care or clothing issues to facility management and keep records of complaints.
Access to records.
Residents have the right to access and review their personal records and request corrections. Common violations include denial of access to records or difficulty in making corrections. Request access to records and document any refusals or delays.
Living unit and personal items.
Residents have the right to furnish their living unit and retain personal clothing and possessions. Common violations include restrictions on personalizing living space or issues with sharing personal belongings. Report any problems with the living unit or personal items to facility management and document the issues.
Movement and relocation.
Residents have the right to leave and return to the residence according to facility rules and their support plan, and to request assistance in relocating to another facility. Common violations include unjust restrictions on movement or difficulties in relocating. Address any restrictions or relocation problems with facility management and document barriers encountered.
Associations and visitors.
Residents have the right to freely associate, organize, and communicate privately with friends, family, physicians, and attorneys, and to receive visitors at any time. Common violations include unreasonable restrictions on visitors or interference with private communications. Report issues with visitation rights or privacy to facility management and document incidents.
Restraints and labor compensation.
Residents must be free from unwarranted restraints and are entitled to compensation for any labor performed, in accordance with state and federal labor laws. Common violations include improper use of restraints or non-compensation for labor performed. Report misuse of restraints or compensation issues to facility management and document incidents.
Privacy and safety.
Residents have the right to privacy during personal care activities and to have their money and property safeguarded. Common violations include invasion of privacy during personal care or inadequate protection of personal property. Report privacy breaches or safety concerns to the facility’s management and document any problems.
Complaints and appeals.
Residents have the right to file complaints or appeals without fear of retaliation and to use both internal and external procedures for appeals. Common violations include retaliation for filing complaints or difficulties in appealing discharge decisions. File complaints with the facility and relevant oversight agencies, and document any retaliation or appeal issues.
Contractual rights.
Residents have the right to receive services as outlined in the residence contract and to remain in the residence as long as it maintains its license. Common violations include failure to provide contracted services or operating without a valid license. Review the resident-residence contract and report discrepancies or concerns to the appropriate authorities.
Health care providers.
Residents have the right to choose their supplemental health care providers and primary care physician. Common violations include restrictions on choosing health care providers. Report any limitations on health care choices to facility management and seek alternatives if needed.
Violations of nursing home residents’ rights often occur due to neglect, abuse, or improper care. When such violations are suspected, it’s crucial to contact a lawyer immediately for help in investigating the situation, ensuring the resident’s safety, and pursuing justice.
Were your rights violated by a Pennsylvania nursing home? Get justice now.
When a nursing home resident’s rights are violated, it is important to contact an experienced nursing home abuse and neglect lawyer as soon as possible. An attorney can provide the necessary support and guidance to help you navigate the legal process and potentially obtain compensation or other forms of relief. Any delay in contacting a lawyer can have severe repercussions:
- Evidence can deteriorate over time, making it difficult to prove your case.
- Statutes of limitations often exist for legal actions. If you miss these deadlines, you may lose your right to seek justice and not be able to file a lawsuit or take other legal action.
- The emotional and physical toll of a rights violation can be significant – leading to severe or even fatal injuries.
If you suspect your rights or a loved one’s rights have been violated in a Pennsylvania nursing home, contact Hal Waldman & Associates for a free case evaluation. A member of our experienced nursing home abuse and neglect legal team can review the details of your case and help you decide the right course of action. Don’t let time work against you. Contact us today and protect your rights or the rights of your loved one and other nursing home residents.
Click here to download a printable PDF of this article, “Pennsylvania Nursing Home Resident Rights.”
