Seniors living in nursing homes may have lost some of the mobility or abilities they had when they were younger. But they don’t lose their rights. Nursing home residents in Louisiana have the right to be treated with respect, dignity, and care, among many other rights, and those rights are explicitly set forth in both Louisiana and federal law. Deprivations of nursing home rights are against the law and residents whose rights have been violated by nursing homes and their staff can seek compensation for those violations. That is why it is important that seniors and their families understand these rights and stay vigilant to ensure that they are protected. In 1985, Louisiana enacted a Bill of Rights for nursing home residents in the state. (LA Rev Stat § 40:2010.8). These rights must be prominently displayed in accessible areas of the nursing home at a proper height and in print of appropriate size for elderly individuals with impaired vision. Additionally, nursing homes must adopt and make public a statement of the residents’ rights and responsibilities and provide a copy of the statement to each resident and the resident’s legal representative or sponsor upon or before admission to the nursing home. Under the Louisiana nursing home Bill of Rights, the required statement must advise residents that they have 23 specific rights set forth in the law, including:
The right to civil and religious liberties;
The right to private and uncensored communications including receiving and sending unopened correspondence; access to a telephone; and overnight visitation outside the facility with family and friends without losing their bed;
The right to be granted immediate access to representatives of the state, the U.S. Department of Health and Human Services, the resident’s individual physician, family members, and other visitors;
The right to present grievances on behalf of himself or others to the nursing home's staff or administrator, to governmental officials, or to any other person;
The right to manage his own financial affairs;
The right to be adequately informed of his medical condition and proposed treatment; to participate in the planning of all medical treatment, including the right to refuse medication and treatment;
The right to receive adequate and appropriate health care;
The right to have privacy in treatment and in caring for personal needs;
The right to be treated courteously, fairly, and with the fullest measure of dignity;
The right to be free from mental and physical abuse.
If a Louisiana nursing home violates these or any of the other rights set forth in the law, residents can bring a lawsuit for any damages, losses, or injuries they have suffered. You can read more about Louisiana nursing home residents’ rights and remedies in this reference guide published by the Louisiana Department of Health and Hospitals.
Call Bloom Legal Today to Discuss Your Nursing Home Abuse and Neglect Concerns
If you believe that a Louisiana nursing home has violated your rights or those of a loved one, or if you have been a victim of abuse or mistreatment at the hands of nursing home staff, don’t face this difficult time alone. Please call the New Orleans nursing home abuse and neglect lawyers at Bloom Legal today at 504-599-9997 or through our contact form to arrange for your free consultation to discuss the details of your case. We welcome the privilege of getting justice and compensation for seniors and their families who have been mistreated, betrayed and harmed by the very people who were supposed to protect them.
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