What Are the Rights of Nursing Home Residents?

Residents of a Medicare-approved Elkins nursing home are entitled to an environment free from physical, verbal, sexual, and other types of abuse, as well as restraints used for purposes other than medical treatment.

Can a Nursing Home Resident File a Lawsuit Against the Facility Even if There Is No Formal Contract Between Them?

Yes. Even in the absence of a contract, residents of nursing homes who are harmed because of poor care may collect damages under numerous principles in state law and federal law. This is also applicable to their survivors.

What Constitutes “Neglect” in a Nursing Home?

States generally agree that nursing home neglect occurs when an elderly person is denied access to basic necessities such as food, shelter, clothes, supervision, and medical treatment. Cases against nursing homes are frequently classified as either neglect or abuse, depending on whether the failures in question were deliberate or careless.