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Legal Rights Of Patients In Residential Facilities


The death of a resident living in a senior living facility in California in February, 2013, has raised questions about the legal rights of patients and residents living in care facilities, like nursing homes. The 87-year-old woman who died was refused CPR treatment by an attending nurse, despite pleas from a 911 dispatcher. The residence home, which was an independent living facility—not a nursing home—has a policy of not administering CPR patients. Still, it’s important to remember what rights people do have in senior care facilities.

First and foremost, patients and residents have the right to be treated with respect and dignity. This may sound vague, but it’s a tenable and legal right, which is unfortunately disregarded often in overcrowded, understaffed nursing homes. Nursing home residents have a right to privacy, which usually extends to their belongings as well (provided they don’t interfere with anyone else’s safety).

The right to be informed of services and fees is another important right for nursing patients. It’s crucial to read all the fine print before signing—this agreement should lay out all the amenities and services the resident is to be provided at the facility, and how much these things will cost. Residents and patients also have the right to medical care, which includes being informed of medical conditions, and choosing to see your own physician. Generally, nursing homes and assisted living facilities offer more medical care than independent living facilities do.

Finally, nursing home patients have the right to manage their money, and should never feel forced into financial decisions. However, it’s wise to talk with an estate planning lawyer before entering a nursing home; having a living will and drafts of critical estate planning documents before committing to long-term care is the smart move.

More than 30% of nursing homes in the country experience some form of resident abuse. If you believe a loved one has been abused or neglected at a nursing home, contact Mike Agruss Law, at 312-224-4695 for a free consultation. Mike Agruss Law, represents victims of nursing home abuse and neglect throughout Illinois. We will handle your case quickly, advise you every step of the way, and we will not hesitate to go to trial for you. This litigation strategy will provide you with the best possible compensation. Plus, Mike Agruss Law, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple.

Therefore, you have nothing to risk when you hire our firm—just the opportunity to seek justice. Protect your loved one’s rights by contacting us today.

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