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Resident's Rights

Commonwealth and federal laws protect nursing home and long-term care residents’ rights to dignity, safety, and respect. Facilities that violate these rights can be held accountable for their negligence. At Jason Stone Injury Lawyers, we’re familiar with nursing home abuse law, and we want to help you if your loved one has been the victim of abuse or neglect.

Nursing Home Resident Rights

The federal 1987 Nursing Home Reform Act protects the following rights of nursing home residents:

  • The right to freedom from abuse, mistreatment, and neglect
  • The right to freedom from physical restraints
  • The right to privacy
  • The right to accommodation of medical, physical, psychological, and social needs
  • The right to participate in resident and family groups
  • The right to be treated with dignity
  • The right to exercise self-determination
  • The right to communicate freely
  • The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
  • The right to voice grievances without discrimination or reprisal

In addition to federal protections, the rights of residents of long-term care facilities or nursing homes in Massachusetts include:

  • The right to be informed of rights and rules governing conduct and responsibilities, both orally and in writing
  • The right to inspect and purchase photocopies of records
  • The right to be fully informed of their total health status
  • The right to refuse treatment
  • The right to refuse to participate in experimental treatment
  • The right to be informed of facility services and charges
  • The right to be informed of Medicare and Medicaid benefits
  • The right to be informed of procedures for protecting personal funds
  • The right to file a complaint with the state survey and the Massachusetts Department of Health
  • The right to be informed of their physicians, their specialties, and methods of contacting them
  • The right to be consulted, along with their treating physicians and family member contacts of significant changes in condition or treatment, plans to transfer, or plans for discharge
  • The right to refuse room changes from Medicare beds to non-Medicare beds or from Medicaid beds to non-Medicaid beds

Family Member Rights

Federal law guarantees family members of nursing home residents the right to voice their concerns, request improvements, and advocate for their loved ones by forming family councils.

Family councils have the right to:

  • Schedule meetings in the nursing home or care facility with families of other residents in the facility
  • Use private meeting spaces, if one exists
  • Invite staff or visitors to attend meetings
  • A designated staff member from the nursing facility to provide assistance and respond to the council’s written requests

Additionally, nursing facilities are required to listen to family council concerns and to act upon complaints or concerns about policies that affect residents’ quality of life.

We’re Here for You

At Jason Stone Injury Lawyers, our Boston nursing home abuse and neglect lawyers know the law, and we’re here to help if you believe your loved one’s rights have been violated by a nursing home or care facility. And with our Stone Cold Guarantee®, you can count on us to provide honest, responsive, and friendly legal service. We’re here 24/7 to answer your questions—just dial (800) 577-5188 or complete our free initial consultation form to get in touch with our legal staff today.

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