Violation of Resident Rights

Residents are guaranteed specific rights pursuant to Federal and California State statutes and regulations.

Violation of Resident Rights in Nursing Homes and Assisted Living Facilities

Nursing home and assisted living facility residents are guaranteed specific rights pursuant to Federal and California State statutes and regulations. The following are some of the most important and most frequently violated rights of nursing home and assisted living facility residents (please bear in mind this list only highlights a selection of residents’ rights and is not a substitute for the comprehensive Patient’s Bill of Rights every nursing home and assisted living facility must provide to residents upon admission).

Basic Rights

Nursing home and assisted living facility resident rights include:

  • Being treated with respect and dignity in recognition of the resident’s individuality and preferences.
  • Being free from verbal, physical, sexual, and mental abuse, corporal punishment, neglect, and involuntary seclusion.
  • Access to quality care and treatment that is fair and free from discrimination.

Relatives or a legal representative may act on your behalf to exercise these rights when you are unable to do so yourself.

Resident Rights Relating to Visits, Privacy, and Confidentiality

Nursing home and assisted living facility resident rights also include include:

  • Visits with family and friends.
  • The ability to contact and meet with certain agency representatives or individuals who provide health, legal, social, or other services.
  • Privacy during visits or meetings, in making telephone calls, and with mail.
  • Privacy in bedroom and during bathing, medical treatment, and personal care.
  • Privacy in personal and health records confidential.”

Resident Rights Relating to Quality of Life

Nursing home and assisted living facility resident rights also include:

  • Choosing and participate in desired activities and which are part of the plan of care.
  • Voice complaints or grievances without fear of retaliation.
  • The receipt of information about how to file a complaint with the facility, the Ombudsman, and with the California Department of Health Services or California Department of Social Services’ Licensing and Certification Office.
  • Participation in resident groups.
  • Family’s right to organize and participate in family groups at the facility.

Resident Rights Relating to Accommodations and Care

Nursing home and assisted living facility resident rights also include:

  • Express preferences with respect to room and roommate and be advised before any changes are made.
  • A safe, clean, and comfortable home-like environment.
  • Receiving care in a manner which promotes and enhances quality of life, including food of the quantity and quality to meet your needs and preferences.
  • Services necessary to attain or maintain the highest practicable level of functioning.

Resident Rights Relating to Financial Protections

Nursing home and assisted living facility resident rights also include:

  • Managing your own financial affairs, or you may have the nursing home manage personal money in accordance with specific requirements, which include periodic accounting reports.
  • Reasonable security of clothing and personal property.
  • The nursing home must have a program to reduce theft and loss and maintain an inventory of your clothing and other personal property.

Resident Rights Relating to Medical Care and Treatment
Nursing home and assisted living facility resident rights also include:

  • Participating in designing your plan of care/ treatment.
  • Choosing your personal doctor.
  • Refusing any plan of care, treatment, or procedure.
  • Making advance directives for treatment such as a power of attorney for health care or other instructions about important health care decisions such as unwanted, life-sustaining treatment.
  • Refusing any bonds which limit your mobility or drugs that affect your mind, except in an emergency situation. Any use of such restraints must be used to treat medical symptoms and not for the purpose of discipline or staff convenience.

Any use of such restraints must be used to treat medical symptoms and not for the purpose of discipline or staff convenience.

You may also visit the California Advocates for Nursing Home Reform website for a more complete outline of nursing home residents’ rights.
If you suspect your rights or those of a loved one in nursing home or assisted living facility have been violated, contact Moran Law as soon as possible to learn more about your legal options. Our team of Southern California elder abuse attorneys are experienced and qualified with an unmatched record of successfully advocating for the rights of elderly residents in nursing homes and assisted living facilities.

At Moran Law, we have different areas of practice for abuse and neglect cases on elderly, and a dedicated team of attorneys, paralegals and medical consultants to take care of every case.We know how to handle elder abuse of a senior citizen.