Rights Provided to Elders by Statute

Following are rights which are provided to elders by statute:

  • Confidentiality of medical records.
  • Protection of personal property and money.
  • Right to choose a physician and to participate in treatment decisions unless the patient is incompetent.
  • Freedom to exercise rights as a citizen.
  • That the nursing facility employ adequate staff members.
  • That the nursing facility care for a resident's hygiene.
  • That the nursing facility maintain a nurses' call system in good working order.
  • That the nursing facility provide food of adequate quantity and quality.
  • That the nursing facility reduce the incidence of incontinence and bed sores.
  • That the nursing facility provide an activity program which meets each resident's needs. Further, a nursing home cannot evict a resident unless:
  • The resident needs a type of care that a nursing facility cannot provide.
  • The resident's health has improved so that he or she no longer needs nursing facility care.
  • The resident's presence in the nursing facility endangers the safety of others.
  • The resident's presence in the nursing facility endangers the health of others.
  • The resident has failed to pay for his or her care.
  • The nursing facility is going out of business.

Before a nursing facility can evict a resident, it must first serve written notice specifying the reasons. The resident has a right to appeal the decision of a nursing home.

When a nursing facility resident goes to a hospital, the nursing facility must hold the resident's bed for up to seven days.

If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we'd like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.