Nursing home residents are particularly vulnerable to abuse and neglect. Therefore, California has enacted laws that grant certain rights to residents, ensuring they maintain their dignity and a high quality of life, free from mistreatment.
If you believe your loved one’s rights have been violated, the experienced nursing home abuse attorneys at Lanzone Morgan, LLP, can help you take action to protect your family. Contact us online or call 888-887-9777 today for a free consultation.
Table of Contents:
- Understanding Nursing Home Resident Rights in California
- Key Rights of California Nursing Home Residents
- California’s Elder Abuse and Dependent Adult Civil Protection Act
- Signs That a Nursing Home May Be Violating a Resident’s Rights
- Why Resident Rights Matter
- How Lanzone Morgan, LLP, Protects Nursing Home Resident Rights
- Take Action to Protect Your Loved One’s Rights
Understanding Nursing Home Resident Rights in California
California law generally provides very strong protections for the rights of nursing home residents. California Code of Regulations, Title 22, enumerates a series of 18 rights held by residents of elder care facilities, including the right to safe and comfortable accommodations, to be treated with dignity, and to maintain and use their own personal belongings.
California’s Health and Safety Code also includes a Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights, which outlines more specific requirements for facilities, including the obligations to maintain a sufficient number of qualified staff members, provide adequate nutrition, and offer enriching activities.
Federal law also provides protections for nursing home residents. Code of Federal Regulations Title 42 §483.10 outlines residents’ rights to self-determination, to file grievances, and to participate in their own care planning.
Key Rights of California Nursing Home Residents
The Right to Dignity, Respect & Freedom From Abuse
Title 22 grants all care facility residents the right to dignity in their relationships with staff and other residents, to receive safe and comfortable accommodations, and to be free from humiliating, abusive, or punitive actions.
California Penal Code §368 sets out criminal offenses for wilfully causing or knowingly allowing abuse or neglect of a dependent adult, with punishments of up to 11 years in prison depending on the harm to the victim and their age. The law also outlines penalties for crimes stemming from financial abuse, such as identity theft, fraud, and embezzlement.
The Right to Quality Medical Care & Proper Staffing
Meanwhile, 42 CFR § 483.24 requires facilities to give residents the care and services necessary to maintain their quality of life, including assistance with meals, hygiene, and mobility. They also must provide stimulating activities through a program run by a qualified professional.
Additionally, federal law outlines minimum staffing requirements to ensure a facility has enough qualified workers to meet all residents’ care needs. Inadequate staffing can lead to resident injuries from neglect or treatment errors, including bedsores and malnourishment.
The Right to Make Medical Decisions & Refuse Treatment
Residents of care facilities have the right to be informed of and participate in the planning of their medical treatment, including the choice of their own doctor . They also have the right to refuse medical treatment, should they choose.
The Right to Safety
Federal law grants residents the right to a safe, clean, and comfortable environment where they can use their personal belongings. Facilities are required to ensure their layout does not create safety risks for residents. They also must provide adequate housekeeping and maintenance, clean linens, and protect residents against theft.
The Right to Complain, Report & Obtain Information
Residents have the right to file grievances without fear of repercussions. Their facility must provide information on how to make a complaint and cannot prevent residents from communicating with external officials and organizations about their care and treatment.
The Right to Visits, Communication & Family Involvement
Residents are allowed to have private visitors without obtaining permission or notifying the facility in advance, as long as their visitors don’t infringe on the rights of other residents. They can also receive visits from a spiritual advisor of their choice.
Homes must allow residents to communicate with family and others outside the facility, including through mail, phone, or the internet.
The Right to Join or Establish a Resident Council
If at least two residents request it, a facility must help establish and maintain a council of residents that can make care recommendations or voice concerns. Facilities with a capacity of 16 or more residents must appoint a liaison to the council, provide a room for meetings, and display information on upcoming meetings in a central area.
The Right to Manage Their Own Funds
Residents have the right to manage their own financial affairs and personal possessions. Federal law also places restrictions on how and when facilities can be responsible for residents’ personal funds.
California’s Elder Abuse and Dependent Adult Civil Protection Act
The Elder Abuse and Dependent Adult Civil Protection Act, or EADACPA, helps protect California nursing home residents by establishing criminal and civil penalties for abuse and neglect. The law also requires facilities to report any abuse immediately and allows residents and their families to sue providers who cause or fail to prevent it.
The experienced legal team at Lanzone Morgan, LLP, has extensive knowledge of the EADACPA and its role in protecting the rights of elders and nursing home residents in California.
Signs That a Nursing Home May Be Violating a Resident’s Rights
There are many types of abuse and neglect in nursing homes, and some are more visible than others. Even if your loved one is fully capable of communicating, they may not disclose any of their experiences due to fear, shame, or embarrassment.
Potential signs of violations of residents’ rights include the following:
- Unexplained injuries, such as bruises, broken bones, or bedsores
- Poor hygiene
- Sudden weight loss, dehydration, or other decline in health
- Mood and personality changes, including social withdrawal, irritability, sadness, and anxiety
- Missing personal items or unexpected financial transactions
- Cognitive decline
Why Resident Rights Matter
Roughly one in every six adults aged 60 and older suffers some kind of abuse every year. That rate is likely much higher in nursing homes. In fact, the World Health Organization reported that one 2019 study found nearly two-thirds of nursing home staff admitted to committing elder abuse in the previous year.
When nursing home residents’ rights are violated, they don’t receive the quality of care needed to ensure their safety, health, and well-being. Repeated violations often lead to serious injuries or even deaths. Our team deals with the consequences of violated rights every day.
How Lanzone Morgan, LLP, Protects Nursing Home Resident Rights
We became one of the leading elder abuse law firms in the U.S. by dedicating ourselves to protecting the rights of nursing home residents. We focus solely on cases of elder abuse and neglect, with more than 75 years of combined experience holding nursing homes across California accountable.
We’ve built a proven track record of success, helping our clients and their families recover over $250 million in compensation. If you believe your loved one’s rights are being violated, our team is available 24/7 to take your call and schedule a free consultation.
Take Action to Protect Your Loved One’s Rights
We’re passionate about seeking justice for elder abuse victims in California. If your loved one has been abused in a nursing home, our team has the knowledge and experience needed to hold the perpetrators accountable and win your family the compensation they deserve.
Contact us online or call 888-887-9777 today for a free consultation.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.