Find Nursing Home Attorney By Chris Welsh
A parent, grandparent, sibling, spouse, or friend -- regardless of your relation to the person, if someone you care for resides in a nursing home, there are a number of rights you should be aware of to ensure they are getting the care they deserve. Entrusting the welfare of a person you care about to another entity can be stressful. In the case of a nursing home, you may even be faced with a body of strangers who seem unwilling to answer your questions and help you help your loved one. Even if they are cooperative and the situation seems to be fine, understanding the rights of a nursing home resident is the first step to helping your loved one feel -- and be -- safe.
Do you need to hire a nursing home attorney? Considering most situations that require a lawyer with that kind of specialty revolve around cases of abuse, hopefully not.
Is it a Nursing Home?
There are four different types of health care facilities, as distinguished by federal regulations, and each have a different level of services they provide for infirm, sick or aged residents. Nursing homes are not hospitals, although some facilities do provide some hospital-like services. If your loved one is in an Adult Boarding Facility, they have the lowest level of nursing care available. The next level is a Residential Care Facility, which staffs more nurses, then the Intermediate Care Facility, and finally the Skilled Nursing Facility, which offers the highest level of nursing care. If your relation needs skilled nursing care, ask the home what classification it falls under. Some of your complaints might be resolved by finding the right type of nursing home.
Know Resident Rights
How do you know when to contact a nursing home attorney? While some cases are pretty clear, such as those involving abuse, others might fall in a grey area. Understanding the rights of nursing home residents is the first step to understanding whether there is a valid claim to legal attention. Below is a partial list of rights that all residents have by federal regulation, regardless of the type of nursing home they reside in.
Residents have the right to:
- See family members, advocates, physicians, and service providers.
- Keep personal possessions and clothing unless it harms other's health and safety.
- Apply for and receive Medicare and Medicaid benefits.
- Receive equal treatment, regardless of whether they are Medicare or Medicaid recipients or private payers.
Consult an Attorney
The first right that all residents have is to see what their rights are, in writing, using language that they can understand. These rights must be furnished before or upon move-in, and should be reviewed carefully. If any of these rights are being violated, consult an attorney.
Additional Legal Services:
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American Bar Association
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321 North Clark Street
Chicago, IL 60610
800-285-2221
Martindale-Hubbell
121 Chanlon Road
New Providence, NJ 07974
800-526-4902 ext. 8001