Among the provisions of both the Nursing Home Reform Act and the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is the Residents Bill of Rights.  Codified in the California Health and Safety Code, Section 1771.7(b), the Residents Bill of Rights provides that all nursing home residents are entitled to certain specified rights.  Here is a list of some of those rights:

Nursing home residents are to be free from:

• Verbal, sexual, physical and mental abuse, corporal punishment and involuntary seclusion.

• Any physical or chemical restraints—given for the purposes of discipline or staff convenience—which are not required to treat the resident’s medical symptoms.

Nursing home residents shall:

• Receive care from an adequate number of qualified personnel.

• Receive care necessary to ensure good personal hygiene.

• Receive care to prevent and reduce both bedsores and incontinence.

• Receive food of the quality and quantity to meet the resident’s needs in accordance with a physician’s orders.

• Reside in a facility which is clean, sanitary and in good repair at all times.

 Nursing home residents shall be transferred or discharged:

• Only if he or she has recovered to the point of not needing nursing facility care.

• Only if it is necessary for the resident’s welfare or if his or her needs cannot be met in the facility.

•  Only if the health or safety of others is endangered.

• If he or she has failed to pay for care or the facility ceases to operate.

Nursing home residents have the right to voice their grievances and recommend changes in policies or services to facility staff, free from restraint, discrimination or reprisal.

At Berman & Riedel, LLP, our elder abuse attorneys have a complete understanding not only of the laws governing residents’ rights cases, but of all laws and regulations involved in litigating nursing home cases.  Further, our elder abuse attorneys have represented many clients throughout California in their nursing home litigation cases, and are proud to have aggressively advocated for each and every client, successfully obtaining the best possible result in many violation of residents’ rights cases.

If you or a loved one has had your residents’ rights violated, Berman & Riedel, LLP, can offer the experience and skill necessary to provide you with sound advice on how to protect your legal rights.  Contact an elder abuse attorney at Berman & Riedel, LLP, to discuss your legal options.