Putting a loved one in a nursing home is often an agonizing decision. Many people would prefer to care for their elderly relatives on their own. When they need 24/7, long-term care, however, it may not be possible for the average person.

Choosing the right nursing home is crucial—and so is knowing what kind of rights nursing home residents have. This is especially important if questions of abuse or neglect arise.

Here’s a brief guide to nursing home resident rights. If you suspect that your loved one’s rights have been violated, call the Law Offices of Tim Misny. You may be able to file a claim against the home and recover compensation for injuries, medical expenses and more.

Nursing Home Reform Act

The federal Nursing Home Reform Act was enacted in 1987. It establishes the services that nursing homes should provide to their patients, and the rights that residents have. This law establishes clear guidelines to protect residents’ physical, emotional and mental health during their stay.

The Nursing Home Reform Act applies to all states, not just Ohio. Guidelines include but are not limited to adequate staffing mandates, how to create care plans and administer medicine, provisions for social workers, how to maintain medical records, providing a clean facility and more.

The Act also specifically states that nursing home residents are entitled to freedom from abuse, neglect and mistreatment. They should be allowed to welcome visitors, receive any necessary physical, emotional or mental healthcare, enjoy privacy and security and file complaints, among other resident rights.

Ohio’s Nursing Home Patient Bill of Rights

Under Ohio Revised Code Section 3721.13, Ohio nursing home residents have their own guaranteed bill of rights. This section outlines 33 specific rights guaranteed to Ohio nursing home patients, including:

  • Freedom to exercise all civil rights
  • Medical and nursing care regardless of source of payment, age and other factors
  • Freedom from abuse, including mental, physical, emotional and verbal
  • Adequate bedding and clothing changes
  • Input and informed consent when choosing medical providers and in decisions affecting treatment
  • Maintaining possession of and use of personal possessions
  • Medical confidentiality and privacy
  • The right to receive visitors

Unfortunately, some nursing homes violate federal and state patient rights. If you believe that your loved one was a victim of nursing home neglect or abuse, we can help. Call us today to learn more about your legal options, and how to protect elderly residents.

Discuss your case with an Ohio nursing home abuse and neglect lawyer

The Law Offices of Tim Misny can help you with your nursing home abuse or neglect case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.

Nursing Home Abuse