Nursing Home Abuse Laws
Both federal law and California state law include provisions which protect the rights of nursing home residents.
Federal laws relating to elder abuse are defined in the Code of Federal Regulations which can be accessed at http://www.gpoaccess.gov/cfr/index.html
The following are just some of the Nursing Home Requirements under 42 CFR §483:
The facility must not use verbal, mental, sexual, or physical abuse, corporal
punishment, or involuntary seclusion.
The facility must ensure that a resident not lose their ability:
- To bathe, dress, and groom themselves
- Transfer and ambulate
- Use the toilet
- Eat
- Use speech, language, or other functional communication
The facility must provide the necessary services to ensure that residents who cannot care for themselves, maintain good nutrition, grooming, and personal oral hygiene.
Provide each resident with enough fluids to maintain proper hydration and health.
Receive the prescriptions they need to maintain their medical conditions.
Ensure that residents receive the supervision and assistive devices they need to
prevent accidents.
California laws relating to Elder Abuse can be found in the California Health and Safety Code §1599. It can be accessed online at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc.
- Nursing home shall employ an adequate number of qualified personnel.
- Right to safe, clean, comfortable and homelike environment.
- Right to food of sufficient quality and quantity to meet the resident’s needs.
- Right to receive care to prevent bedsore and incontinence.
Our experienced Nursing Home Abuse Attorneys are dedicated to protecting the Health and Safety of Nursing Home residents. If you believe that your rights or the rights of someone you know are being violated, contact our Attorneys immediately.