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Elder Planning Isn't Just For The Elderly

What legal rights do nursing home residents have?

Deciding to bring a loved one to a nursing home is a big decision and one that many choose to consider carefully. Of course, most New York residents want to place their loved ones somewhere where they will be treated with the utmost care. After all, it is the duty of those who provide care to do everything within their power to prevent any kind of harm to the residents at a nursing home. Sadly, however, this is not always the case. Nursing home abuse is a reality that some New Yorkers will have to face.

Nursing home residents are protected by certain rights. There are federal regulations that apply to each of the four types of nursing homes -- adult boarding facilities, residential care facilities, intermediate care facilities, and the highest level of nursing home, skilled nursing facilities. Different regulations apply to each level of care facility. However, all nursing home residents have certain rights.

Nursing home residents have the right to see family members, physicians, service providers, representatives of the state and federal government, among others. Residents also have the right to keep their personal possessions, except in the case when doing so when endanger themselves or others. They have the right to choose their own physician. And, of course, residents have the right to be free from physical and mental abuse.

Elder abuse is a sad reality that some have to face. When any of the rights that nursing home residents have are violated, it may be possible to pursue a nursing home abuse lawsuit. Although it will never undo the damage that has been done, a successful lawsuit can help family members cover the costs associated with medical expenses and the like.

Source: FindLaw.com, "Legal Rights of Nursing Home Residents," Accessed on May 16, 2017

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