Whelchel, May, & Associates - Knoxville Law Firm, Nursing Home Abuse, Auto Truck Accidents

Rights of Resident's

Over 1.5 million elderly and disabled Americans reside in nursing homes throughout this country. In spite of federal and state laws that require nursing homes to attain or maintain the "highest practicable physical, mental, and psychosocial well-being of each resident," thousands of these residents are the victims of neglect or abuse by nursing home facilities and/or their employees. In recent years there have been many studies conducted on the subject of nursing home neglect and abuse by government agencies, Time Magazine and numerous newspapers and other publications. The majority of these studies have concluded that the nursing home industry is rampant with various forms of neglect, including malnutrition, dehydration, and other potentially life-threatening problems such as bed sores, infections, etc. A recent US Senate Special Committee on Aging found 54% of the nation's nursing homes are understaffed and did not meet the minimum standards. Family members with loved ones who are residents of nursing homes must never take the resident's care for granted or assume adequate protections are in place. Your loved one's only protection may be the family members' diligence in reporting any perceived problems.

Nursing Home Residents Have the following specific rights under law.

Due to Medicare and Medicaid Funding, Nursing Homes Must Meet Specific Requirements to Protect the Resident’s Rights

to photograph, video, and otherwise document any injury or medical condition sustained by the resident.
to review and/or receive a copy of the resident's entire nusing home chart.
to be free from abuse and neglect as defined by law;
to safe, decent, and clean conditions;
to be treated with courtesy, consideration, and respect;
to manage the resident's own finances or to delegate that responsibility to another person;
to access money and property that the resident has deposited with the institution and to an accounting of the resident's money and property that are deposited with the institution and of all financial transactions made with or on behalf of the resident;
to keep and use personal property, secure from theft or loss;
to not be relocated within the institution, except in accordance with nursing home regulations;
to receive visitors;
to receive unopened mail and to receive assistance in reading or writing correspondence;
to participate in activities inside and outside the institution;
to wear the resident's own clothes;
to not be discharged from the institution except as provided in nursing home regulations; and,
to be free from any physical or chemical restraints imposed for the purposes of discipline or convenience, and not required to treat the resident's medical symptoms;
to be given assistance, when needed, in dressing, grooming and maintaining body hygiene;
for the family or guardian to be notified immediately of any accident, sudden illness, disease, unexplained absence, or anything unusual involving the resident;

Whelchel, May & Associates
10341Kingston Pike, Knoxville, TN 37922
PO Box 31608, Knoxville, TN 37930-1608
Telephone (865) 588-0504
Toll Free (800) 288-5060

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Nursing Home Residents Have the following specific rights under law. Due to Medicare and Medicaid Funding, Nursing Homes Must Meet Specific Requirements to Protect the Resident’s Rights

Nursing Home Residents Have the following specific rights under law.

Due to Medicare and Medicaid Funding, Nursing Homes Must Meet Specific Requirements to Protect the Resident’s Rights