Civil litigation for nursing home negligence in North Carolina usually involves violation of one of the "Nursing Home Residents' Bill of Rights." This Bill of Rights was federally created to lay down the individual rights that the elderly are entitled to when receiving care in a nursing home. Sometimes, as nursing home residents age, they are unable to speak for themselves.
- Right to be informed of your rights and the policies of time. Every nursing home must provide written policies and each resident is required to sign and acknowledge them.
- Right to be informed of the facility's services and charges. Residents need to be informed of what services are covered under Medicare and Medicaid and how much they are responsible for on their own or their long term care policy.
- Right to be informed about your medical condition. Unless a doctor notes that it's not in the patient's best interest, every resident should be made fully aware of their condition.
- Right to participate in the plan of care. Residents have the right to refuse treatment and decide on the plan of action for their care.
- Right to choose your own physician. Residents are not required to use doctors or the pharmacy exclusively provided by the nursing home. They are free to use whichever healthcare providers they choose.
- Right to manage your own personal finances. If a resident authorizes a nursing home to manage their bank accounts, the resident is entitled to bank statements, receipts and access to every account.
- Right to privacy, dignity and respect. Privacy in treatment and acknowledgment of their individual identities is an entitlement of every nursing home resident.
- Right to use your own clothing and possessions. As long as there is no hazardous risk involved, each resident is allowed to use their own personal belongings.
- Right to be free from abuse and restraints. Each nursing home resident has the right not to be inflicted by physical, sexual mental or emotional abuse. Restraints are only used when a physician orders such for the safety of the resident and others in the nursing home.
- Right to voice grievance without retaliation.
- Right to be discharged or transferred only for medical reasons.
- Rights of access. Resident may refuse a visitor at any time.
When someone violates Right #9 - "The right to be free from abuse and restraints" - a nursing home abuse attorney at Brent Adams & Associates can explain what your legal rights are in this type of elderly neglect situation. Nursing home abuse takes many forms. If you or someone you know is showing signs of neglect, contact a physician and a nursing home neglect lawyer in our Raleigh, Dunn or Fayetteville offices.