You shouldn’t necessarily approach the concept of living in a nursing home as something you need protection from, so that’s not what we’re doing here today.
The truth is, there are many, many exceptional nursing homes where seniors live their best lives, but that doesn’t mean that anyone should go into it blindly, not knowing their rights and just hoping for the best.
Getting familiar with your rights will give you peace of mind and, in case something doesn’t go as planned, you’ll be able to recognize it and react.
When you're getting bombarded with horrific articles about neglect and abuse in nursing homes, it’s hard to think of these facilities in a positive way, but a lot of the issues happen simply because people don’t know how to stand up for themselves.
In this article, we’ll go over the rights every nursing home resident in New Jersey has and, more importantly, how you can use this knowledge to make sure you or your loved one gets the care and respect they’re entitled to.
There are many signs of neglect and even abuse, but not all of them are easily recognizable. Some can’t be resolved by just taking it up with the staff, but others can be dealt with if people know their rights.
Here’s what to remember.
Every resident in a nursing home needs to be treated with dignity and respect and there’s no way around this. In practice, this means that all members of the staff have to respect residents’ preferences, listen to their concerns, and when they’re interacting, it has to be done in a respectful, professional way.
There are many forms that violations of these rights take, but the most common ones include verbal abuse, neglecting basic needs, or acting in a dismissive manner.
Privacy is a basic right of all human beings and it, of course, extends to nursing homes.
All residents have the right to private communications, confidentiality of medical records, and respect for personal space. During medical procedures, residents have the right to expect privacy, both in doctors’ offices and in their living quarters. All staff have to protect these boundaries.
This means that nobody is allowed to enter a room without knocking and they can’t openly discuss medical details in shared spaces.
Nursing homes exist because of the residents, not the other way around, so it makes sense that residents have the right to make decisions on how they’re cared for.
They have to be completely informed about the plans for their treatment(s), medications, and any potential changes to their care. They can also consent to treatments or refuse them.
It is the legal obligation of all nursing homes to provide their residents with an environment that’s free from neglect and abuse. This means, protection from physical harm, emotional mistreatment, and financial exploitation.
Abuse comes in many forms, and it can be anything from using harsh language and deliberately isolating a resident to withholding care. Neglect is a bit different and it means that the staff isn’t meeting the basic needs of the residents, like hygiene, nutrition, or medical attention.
The good news is, our fellow New Jerseyans, we have ways of dealing with these; you can hire a nursing home abuse and neglect lawyer in Elizabeth, NJ. We have plenty of excellent attorneys that know how to deal with serious cases of abuse and neglect.
If a resident is concerned about something or they feel like they’ve been wronged, they have the right to file a complaint without being worried that the staff will retaliate. In New Jersey, residents can file complaints directly with the administrators in the facility, or they can do it through the New Jersey Long-Term Care Ombudsman.
Having personal connections is crucial for maintaining your emotional health, and nursing home residents have the right to receive any visitors they want. This means friends, family members, or legal representatives. If they want to, these visits can be totally private.
Residents have complete control of their finances unless they voluntarily appoint someone to do it for them. This means that all the money the residents have is used how they want and nobody else has access to it or can misuse it. As far as financial abuse in nursing homes goes, the signs are coercion, unauthorized withdrawals, or exploitation.
Basically, people living in nursing homes can live their lives as if they were in their private homes. They have the final say in everything (except in extreme cases) and nobody, including staff or family members, has the right to make them feel like they’re supporting actors in their own lives.
At the mere inkling of any of these rights being violated, voice your concerns, and don’t let anyone gaslight you into believing they’re “doing it for your own good.”
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