Nursing Home Abuse

Nursing Homes in North Carolina must provide the following rights to their residents:

1. The Right to be treated with consideration, respect, and full recognition of personal dignity and individuality;
2. The Right to receive care, treatment, and services that are adequate and appropriate, and in compliance with relevant Federal and State statutes and rules;
3. The Right to receive at the time of admission and during stay a written statement of services provided by the facility, including those required to be offered on an as-needed basis, and of related charges. Charges for services not covered under Medicare and Medicaid shall be specified. The patient will sign a written receipt upon receiving the above information;
4. The Right to have on file physician’s orders with a proposed schedule of medical treatment. Written, signed evidence of prior informed consent to participate in experimental research shall be in the patient’s file;
5. The Right to receive respect and privacy in his/her medical care program. All personal and medical records are confidential;
6. The Right to be free of mental and physical abuse and, except in emergencies, to be free of chemical and physical restraint unless authorized for a specified period of time by a physician according to clear and indicated medical need;
7. The Right to receive from the administration or staff of the facility a reasonable response to all requests;
8. The Right to associate and communicate privately without restriction with persons and groups of the patient’s choice at any reasonable hour. To send and receive mail promptly unopened. To have access to a telephone where a patient may speak privately. To have access to writing instruments, stationery, and postage;
9. The Right to manage his/her own financial affairs unless other legal arrangements have been implemented. The facility may also assist the patient but is required to follow stringent guidelines;
10. The Right to have privacy in visits by the patient’s spouse and if both are patients in the same facility, they shall be given the opportunity, where feasible to share a room;
11. The Right to enjoy privacy in his/her room;
12. The Right to present grievances and recommend changes in policies and services personally, through other persons or in combination with others, without fear of reprisal, restraint, interference, coercion, or discrimination;
13. The Right to not be required to perform services for the facility without personal consent and the written approval of the attending physician;
14. The Right to retain, to secure storage for, and to use his/her personal clothing and possessions, where reasonable;
15. The Right to not be transferred or discharged from any facility except for medical, financial, or their own or other patient’s welfare, nonpayment for the stay, or when mandated by Medicare or Medicaid. Any such transfer shall require at least five (5) days notice, unless the attending physician orders immediate transfer, which shall be documented in the patient’s medical record;
16. The Right to be notified within ten (10) days after the facility’s license is revoked or made provisional. The responsible party or guardian must be notified as well.

If you need help, trust the Law Offices of Amos & Kapral.

Nursing home negligence is a very serious problem that should be stopped as soon as possible. If you notice any of these or other signs, let an experienced nursing home negligence lawyer at Amos & Kapral help. Your loved one’s health and life may be at stake.

We have offices in Hickory, NC and Boone, NC and represent clients throughout North Carolina.

Call the attorneys at the Law Offices of Amos & Kapral toll-free at (828) 855-3152 for a free consultation to discuss your case.

The content of this page is not intended to serve as legal advice. You should consult with an attorney regarding any suspicion of nursing home violations, abuse, or neglect, as every situation is unique.