Nursing Law: 7 Facts You Should Know to Take Better Care of Your Elders

May 4th, 2022
Name Team

Taking care of elderly loved ones can be a daunting task. Not only do you have to worry about their physical health, but you also have to be aware of their legal rights. Nursing law is complex, and it's important that you understand the basics so that you can be sure that nursing home staff are providing the best possible care for your loved ones. In this article, we will discuss seven facts that every family caregiver should know about nursing law. So, if you're a part of the nursing staff or you're simply a concerned family member, read on to learn more.

Abuse Can Be A Serious Crime

One of the biggest fears every family caregiver has is that their elderly loved one will be the victim of abuse. Unfortunately, abuse in nursing homes is all too common. In fact, according to a study recently done, as many as one in nine seniors who live in nursing homes are abused each year. And what's even worse, there are many different forms of abuse. For example, an elderly patient may be physically abused, verbally abused, sexually abused, or even emotionally abused. Sadly, many of these cases go unreported because the victims are afraid to speak up or they don't even realize that what's happening to them is abuse. The good news, however, is that there are laws in place to protect nursing home residents from abuse. There are many nursing home abuse lawyers that would be more than happy to help you and your family members. And remember: if you suspect that your loved one is being abused, you should report it immediately to the authorities.

You Have The Right To Participate In Developing A Care Plan

When you first bring your elderly loved one to a nursing home, you'll be asked to participate in developing their care plan. This care plan will outline the type of care that your loved ones will receive while they're living in the nursing home. It's important to remember that you have the right to participate in this process and that you should take advantage of it. Some family caregivers make the mistake of assuming that they have no say in how their loved ones are being cared for. This couldn't be further from the truth! You know your loved one better than anyone else, so you're in a unique position to help develop a care plan that will meet their specific needs. For example, you could request that your loved one be given regular baths, that they have access to a wheelchair, or that they be allowed to have visitors at any time.


No Discrimination Is Allowed

Another important fact that you should know about nursing law is that discrimination is not allowed. This means that nursing homes must provide care to all patients regardless of their race, religion, or national origin. In addition, nursing homes are not allowed to charge different prices for care based on a person's race, religion, or national origin. The law is clear on this: nursing homes must provide equal access to care for all patients. Discrimination is a form of abuse as well, and it's something that you should not tolerate. If you suspect that your loved one is being discriminated against, you should report it to the authorities immediately.

Nursing Homes Must Provide All Necessary Care

One of the most important aspects of nursing law is that it requires nursing homes to provide all necessary care to their residents. This includes everything from food and shelter to medical care and social services. The resident or family member should emphasize that it is the nursing home's legal responsibility to provide the necessary care and that a claim of a staffing or financial shortage is not an excuse. If a nursing home is not providing all of the necessary care to its residents, it can be held liable. This means that if your loved one is not receiving the care that they need, you could take legal action against the nursing home.


Administering Medications Should Be Done With Caution

There should be no excuse for giving a patient the wrong medication, but it does happen. If a nursing home staff member gives your loved one the wrong medication, it can have serious consequences. That's why it's so important to make sure that medications are administered with caution. All too often, nursing home staff members are given too many responsibilities and they're not able to give each task the attention it deserves. This can lead to mistakes being made, and those mistakes can have devastating consequences. In addition, nursing home staff shouldn't give your family member medications to make them more "manageable". This means that if a staff member gives your loved one medication to make them sleep more, it's considered abuse.

Imposing Visiting Hours

A nursing home should be as similar to home as possible, according to the Nursing Home Reform Law. A nursing home cannot limit visiting hours for "family members or friends" in accordance with this philosophy. This means that you should be able to visit your loved one at any time, day or night. If a nursing home is imposing visiting hours, it's a violation of the law. However, this doesn't mean that you can just show up at a nursing home whenever you want. You should always call ahead to let the staff know that you're coming and to make sure that your loved one is available to see you.


Residents Have Their Legal Rights

It's important to remember that your loved one is still a legal person, even if they're living in a nursing home. This means that they have the same rights as any other citizen, including the right to due process, the right to privacy, and the right to be free from abuse. If you suspect that your loved one's rights are being violated, you should contact an attorney immediately.

Nursing law is designed to protect both patients and their families. It's important to be familiar with the law so that you can take action if necessary. If you suspect that your loved one is being abused or discriminated against, don't hesitate to contact the authorities. Remember, your loved one has the same legal rights as any other citizen and they deserve to be treated with respect.

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