Residents’ Rights
Philadelphia Nursing Home Abuse Attorney
Bedsores · Wrongful Death · Medication Errors · Nursing Home Falls
Serving all of New Jersey & Pennsylvania including Philly and its Suburbs
Elder Abuse & Nursing Home Neglect
Nursing Home Residents’ Rights
In order to reduce the incidents of nursing home abuse and neglect nationwide, in 1987, Congress enacted the Nursing Home Reform Act (NHRA). It guaranteed that all nursing home residents, including those in the states of Pennsylvania and New Jersey, as well as major cities, such as Philadelphia have certain rights that must be respected and maintained by all nursing homes. The federal law requires all nursing homes to “promote and protect the rights of each resident.” Among other things, the federal law emphasizes that nursing home residents must not be denied individual dignity and self-determination. Listed below are more specific residents rights.
Nursing Home Residents
Are Guaranteed Quality of Life
Nursing homes must care for their residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice, and self-determination. All nursing homes are mandated to provide services and activities “to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident in accordance with a written plan of care that…is initially prepared, with participation, to the extent practicable, of the resident, the resident’s family, or legal representative.” This means no nursing home resident in Pennsylvania and New Jersey or in the city of Philadelphia should suffer a decline in health or well-being as a result of the way a nursing home provides care.
Nursing Home Residents’ Rights
to be Fully Informed
All PA and NJ nursing home residents, as well as in Philadelphia, have the right to know about all available services and their related charges; all facility rules, including a written copy of the resident’s rights; the complete contact information of the PA or NJ state Ombudsman and state survey agency; all PA or NJ state survey reports and the nursing home’s plans of correction; any plans of a change in rooms or roommates; and any assistance provided for sensory impairments. Philadelphia / PA and NJ nursing home residents have a right to receive all of this information in a language they understand.
Nursing Home Residents’ Rights
to Complain
In Pennsylvania and New Jersey nursing homes, as well as Philadelphia, all residents have the right to present grievances to the nursing home staff or management without fear of reprisal and with prompt efforts by the nursing home to resolve those grievances. All Philadelphia / PA and NJ nursing homes have the right to complain to the ombudsman office and to file a complaint with the state survey and certification agency without fear of retribution.
Nursing Home Residents’ Rights
to Participate in Care
Nursing home residents in the city of Philadelphia, as well as in Pennsylvania and New Jersey have the right to receive adequate and appropriate care; to be informed of any changes in their medical condition; to participate in their own assessments, care-planning, treatments and discharge; to refuse medication and treatment; to refuse physical or chemical restraints; to review their own medical records; and to be free from charges for services covered by Medicaid or Medicare.
It is crucial to obtain an experienced Philadelphia nursing home abuse attorney, such as Brian P. Murphy, before a pressure ulcer, injury, or other form of negligence or abuse occurs. With decades of experience winning nursing home lawsuits, The Law Firm of Brian Murphy, P.C. will create an action plan to help you prevent, control, or react to any neglect or abuse your loved one may experience.
Nursing Home Residents’ Rights
to Privacy & Confidentiality
All nursing home residents in Pennsylvania and New Jersey, as well as the city of Philadelphia, have the right to private and unrestricted communication with any person of their choice while receiving treatment and care at the facility. These communications include all discussions about the residents’ medical, personal or financial matters.
Nursing Home Residents’ Rights
During Transfers & Discharges
Residents in New Jersey, Pennsylvania, and Philadelphia have the right to remain in the nursing home unless a transfer or discharge is:
(a) needed to meet the resident’s welfare; (b) appropriate because the resident’s health has improved and the resident no longer requires nursing home care; (c) necessary to protect the health and safety of other residents or staff; (d) required because the resident has failed, after reasonable notice, to pay the facility charge for a service or item provided at the resident’s request.
All Philadelphia, along with PA and NJ, nursing home residents have the right to receive a thirty-day (30) notice of transfer or discharge, which includes the reason, date, and location to which the resident is transferred or discharged, the right of the resident to appeal the discharge, and the complete contact information of the PA or NJ long-term care ombudsman. Should the nursing home resident be discharged, all residents have the right to a safe transfer or discharge through sufficient preparation by the nursing home.
Nursing Home Residents’ Rights
to Dignity, Respect, & Freedom
All nursing home residents in the city of Philadelphia and the states of Pennsylvania and New Jersey have the right to be treated with consideration, respect, and dignity; to be free from both physical and mental abuse, corporal punishment, involuntary seclusion, and chemical and/or physical restraints. In Philadelphia, as well as PA and NJ, nursing home residents also have the right to self-determination and the security of all of their possessions.
Nursing Home Residents’ Rights to Visits
All nursing home residents in Philadelphia, as well as Pennsylvania and New Jersey, have the right to be visited by a personal physician and representatives from the state survey agency and ombudsman programs; by relatives, friends, and others of the residents’ choosing, including organizations or persons providing health, social, legal, and/or other services. Please note that all Philadelphia, PA, as well as Pennsylvania and New Jersey nursing home residents have the right to refuse visitors as well.
Nursing Home Residents’ Rights
to Make Independent Choices
All nursing home residents in Philadelphia, as well as all over Pennsylvania and New Jersey, have the right to make personal decisions, such as what to wear and how to spend their free time. The nursing home must reasonably accommodate a resident’s needs and preferences. Nursing home residents are free to choose their own physicians; participate in social activities, both inside and outside the nursing home; organize and participate in a Resident Council; and manage one’s own financial affairs.
Preventing Nursing Home Abuse or Neglect
The 1987 Nursing Home Reform Act was enacted to counter a growing concern over nursing home abuse and neglect in our nation’s long-term-care facilities. The law and the subsequent development of comprehensive nursing home regulations have helped reign in abuse and neglect in nursing homes; however, a significant amount of nursing home abuse and neglect continues. This is due in large part to the way in which many nursing homes are run. Nursing home owners often cut their labor force to reduce their costs. Often the labor force is cut too low and proper supervision, treatment, and care is denied to residents. This creates situations where nursing home abuse and neglect are virtually inevitable.
The best action you can take to prevent your loved one from suffering nursing home abuse or neglect is to get involved. Be careful and selective in choosing a nursing home. Once your family member becomes a resident, visit frequently, and speak with nurses and nurse aides about the care and treatment. Should a concern arise, meet with the director of nursing and/or the administrator straight away. Express your concerns to them and make sure they are documented. If at all possible, consider hiring your own nurse aide to visit your loved one when you cannot be there.
Malpractice Attorney with Decades of Experience
Brian P. Murphy is a well-regarded Pennsylvania and New Jersey nursing home personal injury attorney. He has represented many elderly nursing home residents subjected to abuse and neglect in Philadelphia, as well as throughout New Jersey and Pennsylvania, consistently winning favorable settlements.
Nursing home abuse and neglect is a complicated area of personal injury law. Only an experienced nursing home attorney can accurately answer your questions and offer you guidance in moving forward. Attorney Murphy has been filing lawsuits against New Jersey and Pennsylvania nursing homes (including Philadelphia) since 2006. He knows which questions will get directly to the issues with which you are concerned. Fully familiar with all the symptoms of nursing home abuse and neglect, Brian P. Murphy can help you identify and stop your loved one’s abuse or neglect. Read what Mr. Murphy’s prior clients have to say.
In Eastern Pennsylvania, Mr. Murphy files nursing home lawsuits from Philadelphia to Pittsburgh. He also files lawsuits throughout New Jersey. Mr. Murphy has been very successful in litigating claims against PA and NJ nursing homes, earning millions of dollars in compensation for his clients.
If you see signs of nursing home abuse or neglect, schedule one of the firm’s free consultations today. Contact Nursing Home Abuse Attorney, Brian P. Murphy, to discuss your potential legal matter.
Legal matters are billed on a contingency fee basis. All nursing home abuse cases (Pennsylvania, as well as Philadelphia, and New Jersey) are personally handled by Brian P. Murphy.
This website is owned by The Law Firm of Brian P. Murphy, PC. Its purpose is to assist you in understanding your rights, especially when it comes to preventing or protecting yourself and/or your loved ones against nursing home abuse, neglect, bedsores, dehydration, malnutrition, and wrongful death.
Nothing on this website is to be construed as attorney advice or otherwise creating an attorney-client relationship. If you may be interested in establishing a relationship with The Law Firm of Brian P. Murphy, PC, please contact us to discuss your options.