Law Offices of Rhonda Hill Wilson, P.C.

H.R. 5

Don't confuse Tort Reform with real patient protection measures. Learn the facts and protect yourself and your loved ones.

Learn more at www.98000reasons.org

 

Nursing Home Employees Accused of Elder Abuse

Two nursing home employees were charged with abusing an elderly resident suffering from dementia at a nursing home in Haverford, PA. The 78-year-old victim had complained of physical abuse to her family; who in turn brought the complaints to the nursing home management. The facility blamed the complaints on the resident's dementia and insisted the concerns were unfounded. Unsatisfied, and after noticing bruises on the victim's body, the family set up a hidden camera to record her and her caretakers.   

What they saw was horrific.  

The decision to place a family member in a nursing home is not an easy one.  Often, we convince ourselves to do so because we assume skilled nursing facilities will provide a level of care that would be impossible to provide on our own. 24-7 access to doctors, nurses, and other advocates promise the best treatment to nursing home residents.

We also assume that those caregivers will treat residents with respect and dignity. Even more importantly, we take for granted that there is active and aggressive oversight from managers at each level to respond to allegations of neglect or abuse.

If you suspect that a loved one is being abused or neglected at a nursing home or assisted-living facility, go with your gut feeling. 

If you live in Pennsylvania, feel free to contact my office at (215) 972-0400 to discuss your concerns.

 If you live outside of Pennsylvania, immediately visit The National Center for Elder Abuse for help.

NO ONE deserves to be abused.

Bipartisan State Legislators Oppose Tort Reform

        The National Conference of State Legislators, a bipartisan organization of state lawmakers, warns Congress of its opposition to H.R. 5.

Both Republican and Democratic legislators urge the House of Representatives to protect the rights of American citizens by defending one's right to seek restitution when harmed by the carelessness of others.

Download NCSL Message to Congress

Nursing Home Resident Bill of Rights

The first step in protecting yourself or your loved one in a nursing home is a clear understanding of what rights residents have. The Pennsylvania Department of Health has outlined the following rights to which all nursing home residents are entitled.

 

The right of access to nursing homes.

Residents may receive any visitor of their choosing and may refuse a visitor permission to enter their room or may end a visit at any time.

Residents have the right to immediate access by family and reasonable access by others.

Visiting hours of at least 8 hours must be posted in a public place.

Members of community organizations and legal services may enter any nursing home during visiting hours.

Communication between the resident and visitor are confidential.

Visitors may talk to all residents and offer them personal, social, and legal services.

Visitors may help residents claim their rights and benefits through individual assistance, counseling, organizational activity, legal action, or other forms of representation.

 

The right to be informed in writing of your rights and the policies and the procedures of the facility.

The nursing home must have written policies about your rights and responsibilities as a resident. You must sign a statement saying that you have received and understood these rights and the home’s rules when you are admitted.

The right to know about services and charges.

You must be informed, in writing by the home, of all services available and the charges for those services.

The right to know about your medical condition.

You must be informed of your medical condition and of any changes.

The right to participate in your plan of care, including the right to refuse treatment.

The nursing home must develop a plan of care for you. You must be given the opportunity to participate in the planning of your care and treatment.

The right to choose your own physician and to use the pharmacy of your choice.

You do not have to use the nursing home’s physician or pharmacy.

The right to have your personal and medical records treated as confidential.

Your written consent is needed to release information from your record to anyone who is not authorized by law to see it.

The right to manage your own personal finances.

You can either manage your own funds or authorize someone else to manage them for you. If you authorize the home to handle your funds, you have the RIGHT to:

Know where your funds are and the account number.

Receive a written accounting every 3 months.

Receive a receipt for any funds spent.

Have access to your funds within 7 banking days.

The right to privacy and to be treated with dignity and respect.

The right to privacy takes many forms. You are free to communicate and meet privately with anyone, including family and resident groups. Your mail should arrive unopened, unless you request otherwise. You should be treated with courtesy and privacy for personal needs like bathing and toileting. Curtains should be used when you are being bathed or dressed. Bathroom doors should be closed while in use. No one should enter your room without knocking first.

The right to use your own clothing and possessions.

The amount and kind of possessions depends upon available space and whether other residents’ rights would be violated.

The right to be free from mental, physical and sexual abuse, exploitation, neglect, and involuntary seclusion.

No one may mistreat, threaten, or coerce you in any way.

The right to be free from restraints.

Chemical restraints (drugs) and physical restraints may only be used if ordered by a physician for a limited time in order to protect you or others from injury.

The right to voice a grievance without retaliation.

The nursing home may not take any action against you because you voiced a grievance.

The right not to be transferred or discharged, except for medical reasons, your own welfare or that of another resident, non-payment, or if the home ceases to operate.

You must be provided with 30-days advance written notice of the transfer or discharge. The law gives you the RIGHT TO APPEAL your discharge or transfer. Contact your Ombudsman about the appeal process and your rights regarding transfers and discharges. 　

 

Who to contact if you suspect nursing home neglect:

PA Department of Health

PA County Long Term Care Ombudsman

Local Agency on Aging Representative

*Courtesy of the PA Department of Health

　

 

How to Choose a Nursing Home

Learn how to choose the right nursing home for your loved ones. Click the link below to download the full article.

Download How to Choose a Nursing Home article

 

*Picture and Article Courtesy of Trial Magazine