Skip to main content
Residents' Rights

An Overview: Residents’ Rights in a Long Term Care Facility

By Walton Law APCMarch 25, 2013March 4th, 2023No Comments

Elder abuse in California in long term care facilities can be both a criminal and civil offense. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm. No resident of a long-term care facility deserves to be subjected to any type of neglect, isolation, fraud, physical abuse or any other kind of abuse.

On the contrary, California Law guarantees, all residents of long term care facilities including nursing homes, very specific rights and freedoms, in an effort to prevent abuse. If you’re considering helping to place an elder into a long term care facility, be mindful that your loved one has, at a minimum, the following rights granted under protection from federal and state laws.

•The right to be treated with respect and dignity
•The right to privacy during treatment
•The right to privacy during personal care
•The right to choose your personal physician
•The right to participate in one’s own treatment planning and decision making
•The right to receive care to ensure proper personal hygiene
•The right to reside in a clean, sanitary facility
•The right to receive proper nutrition in quality and quantity as per physician’s recommendations
•The right to voice grievances and/or suggest policy changes to the facility without fear of repercussions
•The right to make and receive phone calls privately
•The right to privacy in visits from family members and friends
•The right to be completely free from abuse, chemical restraints and physical restraints which are not required to treat medical symptoms.

The state of California has taken a firm stance and zero tolerance policy towards elder abuse in any capacity. As part of their mission to encourage all Californians to report suspected elder abuse, the state has created The Citizen’s Guide To Preventing and Reporting Elder Abuse, which can be viewed in its entirety here.

If you suspect that a friend, family member, or loved one has been the victim of elder abuse, contact an experienced California elder abuse lawyer to help evaluate your case and advise you how to proceed. Christopher Walton has years of experience providing caring, compassionate representation to victims of elder abuse and their families. Call (866) 338-7079 for a confidential consultation.

Leave a Reply