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  • Writer's pictureLeitner Varughese Warywoda

Understanding Residents’ Rights in New York Nursing Homes

Nursing home abuse and neglect occurs much too frequently in facilities in New York. Residents and their families do not always realize that there are options to hold caregivers and facilities accountable for nursing home negligence and acts of intentional abuse. New York State takes cases of nursing home neglect extremely seriously, and individuals who are injured as a result of negligent care or intentionally harmful behavior may be eligible to file a lawsuit. To emphasize the fact that nursing home residents have rights under state law, we want to discuss some of the specific nursing home resident rights that exist in New York.

Nursing Homes Must Have Written Policies Concerning Resident Rights

Nursing homes in New York are required by both state and federal law to have written policies in place that detail a resident’s rights in the facility. Under New York law, nursing home residents have a wide variety of rights that must be articulated by the facility, including but not limited to:

● Comfortable living environment;

● Health care without discrimination;

● Ability to make your own decisions;

● Right to be informed about any services or fees prior to moving into a nursing home;

● Safeguards for money and property;

● Ability to appeal a transfer or discharge with the New York State Department of Health;

● Privacy in your communications;

● Ability to choose your own schedule;

● Ability to make choices about activities or other preferences;

● Ability to receive visitors at a time of your choosing;

● Access to a complaint procedure that is both easy to use and responsive;

● Right to be free from various forms of abuse, including verbal abuse, sexual abuse, physical abuse, and mental or psychological abuse;

● Right to be free from restraints; and

● Ability to exercise rights without fear of adverse action from the nursing home or staff members.

Resident Rights Policies Must be Implemented by Nursing Home

In addition to having a written policy concerning resident rights, nursing homes in New York have a duty to implement those policies—including both access to certain rights and freedoms, as well as a complaint process.

Residents in Nursing Home Have Basic Rights to be Treated with Dignity and Respect

One of the primary tenets of New York nursing home law is that residents in New York nursing homes have a right to be treated with dignity and respect. Any action taken by a specific nursing home staff member or the facility that compromises a resident’s dignity, or any inaction or omission that results in a resident’s dignity or response being compromised, could result in a nursing home negligence claim.

Contact a New York Nursing Home Negligence Lawyer

If you reside in a nursing home and you believe your rights were violated, or if you have an elderly loved one who recently suffered harm as a result of nursing home negligence in a facility, it is critical to seek advice from a New York nursing home negligence attorney about filing a claim for compensation. To learn more about your options under New York law, you should get in touch with one of our advocates today. Contact Leitner Varughese Warywoda PLLC to learn more about how we assist elderly nursing home residents and their families when it comes to holding caregivers and facilities accountable for negligent care.

1 Comment

Feb 26, 2023

if i am able to take public transportation can the nursing home prohit me from doing so

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