Understanding The Rights Of California Nursing Home Patients

Choosing a nursing home or assisted care facility for a parent or other loved one can be overwhelming. Family members frequently struggle with the decision to place a loved one in a care facility under the misconception that seniors will lose all of their rights. Whether your mother or father is already in a nursing home, or you are currently in the process of selecting a facility, you need to know that your loved one has rights established under federal law and California state law.

The elder abuse lawyers at Bryan • Hinshaw have substantial experience helping seniors and their families obtain justice for elder abuse. State and federal laws are clear that nursing home residents have the right to live free from neglect or abuse. However, California's Elder Abuse and Dependent Adult Civil Protection Act allows elders and their families to recover damages from caregivers and facilities that are guilty of oppression, fraud, malice or recklessness related to the abuse of an elder.

State And Federal Rights Of Nursing Home Patients

Federal law provides nursing home residents with a form of nursing home bill of rights. The law and its associated regulations are aimed at promoting patient-rights to allow seniors to live with dignity and maintain quality of life concerns. A nonexhaustive list of protected rights includes:

  • Privacy rights in communications with family members, including prohibitions against censorship
  • Civil rights protections, including religious liberties
  • The right to be free from discrimination, especially in regard to health care
  • The right to have access to quality care, including the right to choose one's own doctor
  • The right to have visitors with reasonable visitor's hours
  • The right to leave the facility, when medically possible, without fear of losing one's bed at the facility
  • The right to services to help the patient maintain or attain the highest practicable level of functioning
  • The right to freedom from abuse
  • The right to create advance directives, including living wills, powers of attorney and health care directives to physicians

When an elder suffers physical or financial abuse from a caregiver or the negligence of the facility, our proven lawyers will stand strong to seek justice and hold the wrongdoers responsible. We will listen attentively to your concerns and guide you through the legal process, including helping you deal with the appropriate San Francisco Bay Area elder abuse ombudsman program. We will tenaciously advocate for your family's rights in nursing home abuse litigation when necessary.

Call Or Contact Our Attorneys In San Francisco To Vindicate Your Rights

To arrange an initial consultation with caring elder law attorneys in San Francisco, contact Bryan • Hinshaw online or call 415-906-3085. We offer flexible payment options and serve a diverse range of clients throughout the San Francisco Bay Area.