Nursing home residents in California, like all individuals, are entitled to certain legal rights and protections to ensure their well-being and dignity. Both residents and their families should be aware of these rights to optimize a safe and respectful environment. Please reach out to an experienced California nursing home abuse lawyer to learn more about the legal rights nursing home residents have in California.
Resident Rights
There is a comprehensive list of rights afforded to every California nursing home resident. Some of these rights include the following:
- The right to Make Decisions: Every resident has the right to participate in their own care planning and decision-making processes. They should be informed about their medical condition, treatment options, and have the ability to refuse or consent to any form of treatment.
- The right to be Free from Restraints: Residents cannot be restrained physically or chemically simply for the convenience of the staff or as a form of discipline. Any form of restraint must be used only to ensure the safety of the resident or others and should be the least restrictive alternative. Any use of restraints should be monitored and re-evaluated frequently.
- The right to Dignity and Respect: California nursing home residents have the right to be treated with dignity and respect. This includes being addressed by their preferred name, having their privacy maintained, and being free from verbal, mental, and physical abuse.
- The right to Quality of Care: Every resident has the right to receive adequate and appropriate care to maintain their highest level of physical, mental, and psychosocial well-being. This encompasses proper medical treatment, nutrition, and assistance with activities of daily living.
- The right to Personal Possessions: Residents are entitled to keep and use their personal possessions, as long as it doesn’t interfere with the rights or health of others. Nursing homes cannot arbitrarily confiscate or restrict the use of personal belongings.
- The right to Make Decisions: Residents have the right to participate in their own care planning and decision-making processes. They should be informed about their medical condition, treatment options, and have the ability to refuse or consent to any form of treatment.
- The right to Visitations: Every resident has the right to receive visitors. Nursing homes are not allowed to arbitrarily restrict visitation rights. Visitors, including family members and friends, are essential for the emotional well-being of residents.
- The right to Complain: California residents have the right to complaint about their care or treatment without fear of retaliation. Nursing homes are required to have a grievance procedure, and residents should be informed of how to use it.
- The Right to Access Medical Records: Every resident has the right to review their medical records and receive copies. This transparency allows residents to be actively involved in their healthcare decisions.
It is important for everyone to understand their legal rights, especially our most vulnerable population residing in nursing homes. Knowledge allows more effective advocacy for family, friends and loved ones. Contact an experienced Nursing Home Abuse attorney if you need an advocate to protect your loved one’s legal rights.