Your Rights as a Resident of a Delaware Nursing Home
When the time comes to take care of your aging loved ones, everyone wants to know that they are getting the best care possible. This often means a lot of time researching and investigating the most suitable living arrangements. However, it is tragic to realize that statistically, almost one-third of all nursing homes in the U.S. have reported issues with some form of abuse. Nevertheless, it can come as some sort of comfort to know the rights your loved ones have as residents in a nursing home.
Basic Rights
Like every state, Delaware has its own specifications when it comes to a nursing home that is not regulated by federal statute. But first, let’s take a look at the basic human rights that all nursing homes must abide by. Some people do not realize that every resident has the right, under the statute, to not be physically or chemically restrained for any sort of disciplinary reason. The only time in which chemical or physical restraints may be permitted is as part of a medical treatment or otherwise specified by a medical professional for the purpose of safety for the resident and other residents.
Every resident also has the basic rights to an abuse-free environment. Under the statute, each resident has the human right to be free from physical, mental, verbal or sexual abuse. Any form of nursing home abuse in such a manner is a clear violation of the individual, and consequences are severe for those who disregard these basic rights of any resident. In any event, as mentioned in the above paragraph, some nursing homes operate outside of federal statutes, and thus they have their own states’ rights.
Delaware Specific Rights
Of course, it may be difficult to find any nursing home that does not acknowledge the aforementioned basic human rights of residents outlined by federal statute. However, some state-regulated nursing homes put a stronger emphasis on rights such as the right to privacy, to be treated with dignity, and to communicate freely. Delaware specifically recognizes these rights as their own statute, although they are also part of the federal statute under Medicare.
Furthermore, Delaware nursing home residents are protected to such a degree that if any nursing home is found to violate these rights, they will face harsh repercussions. Some consequences include sanctions, as well as having their provider agreements terminated. Additionally, it is the duty of every staff member in a Delaware nursing home to report any signs of abuse. Regardless of whether the abuse is physical, mental, verbal, or a form of financial manipulation. No matter what, your loved ones are protected by law.
At Edelstein, Martin & Nelson, we understand the crucial importance of knowing that your elderly family members are being treated with the utmost dignity. There is never an excuse for abusing or violating the rights of the vulnerable, and anyone who does must be held accountable for their actions to the fullest extent possible. We understand that neglect and abuse happens, and our attorneys have made it their mission to fight for the rights of your loved ones. If you have a family member who has been abused, neglected, or mistreated in a Delaware nursing home, please do not hesitate to call (302) 295-5050 to schedule a free consultation today.
Sources:
https://www.ncbi.nlm.nih.gov/books/NBK98786/
https://www.medicare.gov/NursingHomeCompare/Resources/Resident-Rights.html
