Knowing the Rights of Nursing Home Residents Can Be Helpful

Nursing homes provide support and services to those who need special care. Most often, nursing facilities care for the elderly, although they may also provide services to those recovering from surgery. Family members, and patients, need to understand the rights of nursing home residents, in order to protect them from neglect and abuse. Nursing homes are required by state and federal laws and regulations to provide adequate care, and protect the rights of the residents.

Proper Care Must Be Provided

Nursing homes review the medical needs of a patient before they accept them into the facility. Once they accept the resident, they are required to perform the duties needed to properly care for them. The needs of each patient need to be evaluated, and then provided. Some residents need more help than others. For instance, a resident may need help with routine daily activities such as bathing, toileting, personal care, and meals. Additionally, some residents need help with basic mobility.

Protection from Abuse and Neglect

Residents in nursing homes should be protected from possible abuse or neglect. For example, physical or chemical restraints are not to be used unless specifically ordered by the patient’s doctor. Residents should not be subjected to physical punishment, or mental abuse. This includes abuse or neglect from staff members, other residents, and visitors. Any such problems should be immediately reported.

Visits from Family Members and Physicians

Residents are generally allowed to have visits from family members as well as their own physician or medical provider. Additionally, the resident should be permitted to visit with their attorney or others who have reasonable business with them. If a nursing home restricts visitation it could be an indication of a possible problem. Family members should be aware of the signs of nursing home neglect, to ensure that their loved one is safe.

Protection of Finances While In a Nursing Home

Residents of nursing homes have the right to handle their own finances. They should never be forced into disclosing their financial information, or making payments that are not part of their nursing home contract. They should never be intimidated, or exploited. Residents should also expect a reasonable expectation of security. Their personal belongings, including their checkbooks, and credit cards, are to be kept safe.

The violation of a nursing home resident’s rights may lead to physical injuries or financial damages. If your loved one is the victim of nursing home abuse or neglect, call the compassionate legal team at Udall Shumway PLC to schedule a consultation.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Rights of Nursing Home Residents, or any other personal injury, please feel free to contact Brian T. Allen at  480.461.5335,  log on to,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.