The Rights Of Nursing Home Residents: Physical Treatment

Federal and Pennsylvania law grant nursing home residents many valuable, important rights. Family members and friends of residents must remain watchful for action or conduct by a nursing home that violates these rights that are essential to maintaining a higher quality of life.

These rights are primarily derived from the Nursing Home Reform Act of 1987 (federal) and the Health Care Facilities Act of 1979 (Pennsylvania). They include rights related to physical treatment.

Rights regarding physical treatment include:

• The right to an environment more like a home that maximizes your comfort and provides you with assistance to be as independent as possible.
• A nursing home resident may not be neglected, intimidated, physically or verbally abused, mistreated, subjected to corporal punishment or disciplined in any way.
• A nursing home resident may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age, or sex.
• A nursing home resident shall receive assistance in obtaining and keeping clean, seasonal clothing.
• A nursing home resident shall be free from restraints.
• A nursing home resident has the right to furnish his or her room and purchase, receive, use and retain personal clothing and possessions.

Unacceptable staff practices regarding the physical treatment of residents include:

• Dressing residents in inappropriate resident clothing (i.e., substituting resident gowns for underwear or even everyday clothing);
• Bathing residents who are on the toilet;
• Labeling resident clothing inappropriately, (i.e., printing a resident’s name on a part of clothing visible to other residents, staff, and visitors;
• Moving residents in a backward motion when being transported in a wheelchair.

Nursing home residents have substantial rights that must never be ignored by nursing home faciltiy staff, but must also never be ignored by family members and friends. It is the latter’s vigilance that ensures the rights of loved ones are respected allowing them to live with dignity and quality of life.

If you or a loved one has suffered an injury resulting from any type of nursing home neglect or abuse, contact Powell Law at (570) 961-0777. James F. Mundy, Esq. has decades of experience in these and other matters involving healthcare facilities and professionals. Attorneys like Jim Mundy make us the clear and obvious choice for all types of legal representation in the Scranton/Wilkes-Barre and surrounding areas. The consultation is FREE, and you don’t pay anything unless we win. Our attorneys, past and present, have represented motor vehicle accident victims for 113 years. Call today!