Patients’ Legal Rights

All Kentucky nursing home residents and residents across the country have certain legal rights when they stay in nursing home as well as rights when they may move out of the home. Medicare and Medicaid funded nursing homes must follow certain guidelines and laws when it comes to the rights of their patients. If you have questions about your loved one’s legal rights or feel that their rights of been violated while living in the nursing home, it is advised that you speak to a Kentucky nursing home lawyer as soon as possible. They will help answer any questions you may have and review your claim to help you get the compensation you may be entitled to for the violation of your rights.

When you enter a nursing home as a resident or patient, the nursing home is required by federal law to tell you about your legal rights as a patient while in the nursing home. The nursing home staff is also required to provide you with written notice of these rights at the beginning of and during your stay as a resident. You are required to provide written acknowledgement of having received notice of your rights.

When people enter and stay in a nursing home, they may feel like they lose some of their freedom and respect because they have to rely on other people for their medical care. However even when you are a resident in a nursing home you are still entitled to certain legal rights according to Medicare and Medicaid guidelines as well as federal law. These rights may include but are not limited to:

• Your right to receive visits from family members and friends as well as from doctors, legal representation, medical care providers, and state and federal staff.
• You have the right to hold on to your personal belongings and clothes, an exception would be if keeping these items would put your health at risk.
• Patients have the right to keep their records private
• You have the right to choose what you want to be a part of during your day, including what you want to do and what you want to eat.
• You have the right to freedom from any type of abuse or neglect by nursing home staff or other patients, including restraints of any kind.
• Freedom from being discriminated against for any reason
• The right to know about medical care and to decline any medical care
• The right to their financial records and money
• The right to file a complaint or make the nursing home aware of a problem
• The right to needed medical care
• The right to have their family and friends know and be a part of developing their care plan
• The right to be aware of services available to patients
• The right to leave the home in order to visit people and for certain medical care
• The right to privacy in your own space, for phone calls, and with visits

If you or someone you care about feels that the nursing home failed to properly explain your rights to you or if you feel like these rights were not properly upheld under the law, then it is strongly recommended that you contact a caring and knowledgeable Kentucky Nursing Home attorney at the Higgins Firm. We will review your case and make sure you receive the compensation that you may be eligible for the legal rights violation that has occurred.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.