Nursing home residents are guaranteed certain rights under the federal Nursing Home Reform Law, as well as unique state laws. If you believe a loved one is a victim of nursing home abuse, it’s important to first ensure his or her safety, then discuss your case with a knowledgeable attorney who can help protect your family member and other residents, contact the proper investigative authorities, and provide you with peace of mind.
Nursing Home Abuse Emergencies
If you suspect a family member is in immediate danger in a nursing home, contact 911 or the local sheriff’s department.
After reporting the situation to authorities, or if you have questions about what steps to take, call the nursing home abuse attorneys at Carr & Carr at 888-241-3130. Our compassionate, experienced lawyers are dedicated to protecting the rights of nursing home abuse victims in Oklahoma and Arkansas.
Nursing Home Resident Rights
Many nursing homes participate in Medicare and/or Medicaid, which provide funding for varying levels and duration of care. Those that do are required to post and to provide a list of certain rights to their residents.
These protections include, but are not limited to:
- The right to be treated with dignity and respect
- The right to be free from discrimination, abuse and neglect
- The right to be free from restraints
- The right to manage your own money or to choose someone else you trust to do so for you
- The right to privacy, and to keep and use personal belongings and property as long as it doesn’t interfere with the rights, health or safety of others
- The right to spend private time with visitors
- The right to be informed about your medical condition, medications, and to see your own doctor
- The right to have a choice over your schedule
- The right to an environment that maximizes your comfort and provides you with assistance to be as independent as possible
- The right to make complaints to nursing home staff or any other person without fear of punishment
In regards to complaints, it’s important to remember that nursing home residents are sometimes unable or reluctant to make a complaint, even to a family member or other trusted individual. If you have reason to suspect nursing home abuse, it’s important to seek help.
Nursing Home Abuse and Adult Protective Services
Every state has an Adult Protective Services department and an ombudsman dedicated to protecting nursing home residents’ rights and investigating potential instances of neglect and abuse. If you notice signs of nursing home abuse, it’s advisable to contact the appropriate Adult Protective Services.
The Oklahoma Adult Protective Services abuse hotline is 800-522-3511. Additional information can be found on the department’s website.
The Arkansas Adult Protective Services abuse hotline can be reached at 800-482-8049. Additional information is available on the Arkansas Adult Protective Services website.
How a Nursing Home Attorney can Help
Confronting possible nursing home abuse can be traumatic for victims and family members alike. But nursing homes that cause or allow injuries to occur may be held liable for their negligence; consulting with a qualified nursing home abuse lawyer can put your mind at ease and protect your loved one’s rights.
Our attorneys understand how to work with legal authorities and nursing homes to secure the safety of residents, pursue a thorough investigation, and guide families through the legal process to a fair resolution. If you believe a loved one is a victim of nursing home abuse or neglect, please contact us online or call 888-241-3130 for your free consultation. With offices in Tulsa, Oklahoma City and Springdale, AR, our knowledgeable and compassionate attorneys are ready to help you take action.
Arkansas Division of Aging & Adult Services; Arkansas Nursing Home Consumer Guide; http://www.daas.ar.gov/pdf/ar_nursing-home_consumer-guide.pdf
Centers for Medicare and Medicaid Services; Nursing Home Compare: Resident Rights; https://www.medicare.gov/NursingHomeCompare/Resources/Resident-Rights.html
Centers for Medicare and Medicaid Services; What are my rights and protections in a nursing home?; https://www.medicare.gov/what-medicare-covers/part-a/rights-in-nursing-home.html
National Council for Aging Care; Aging in Place: Recognizing Elder Abuse and Knowing Your Rights; http://www.aginginplace.org/guide-to-recognizing-elder-abuse/
Oklahoma Nursing Home Care Act and Long-Term Care Security Act; https://www.ok.gov/health2/documents/HRDS%20675%20NHCA%201113.pdf
Oklahoma State Department of Health; Long Term Care Services: Rules, Regulations and Statutes; https://www.ok.gov/health/Protective_Health/Long_Term_Care_Service/Rules,_Regulations_and_Statutes/