Nursing Home Abuse Law

Under U.S. law, residents of nursing homes and long-term care facilities have specific rights and protections to ensure they receive the best possible care.

Our Nursing Home Abuse attorneys are dedicated to pursuing justice for those injured by nursing home abuse, neglect and medical misconduct and are committed to helping prevent incidences of nursing home abuse by diligently fighting to uphold elder abuse laws. While not all inclusive, these laws provide rights to:

·         Dignity, respect, and freedom. The right to be free from mental and physical abuse, including the right to self-determination, not to be physically and chemically restrained and to be treated, always, with consideration, dignity, and respect.

·         Safety. The right to a safe, sanitary, and comfortable environment, which includes an environment free of hazards that could cause accidents, such as falls to occur.

·         Information. The right to access to information on all services available to them by the facility and cost of those services, as well as the policies and procedures of the facility, how to contact the Arizona state ombudsman licensure office and advocacy groups.

·         Medical care. The right to receive adequate, quality care, to be informed about their medical condition and participate in planning their treatment. This includes the right to refuse medication and treatment, to be offered alternative treatments, to be involved in planning their discharge and to review their medical records.

·         Independent choices. Ability to make their own choices regarding that care including choosing their physician, the option to participate in a residents' council, in activities provided by facility or within the community, and to access any organization or individual that provides health, social, legal, and other services.

·         Privacy. The right to privacy and confidentiality regarding medical, personal, and financial affairs, as well as unrestricted and private communication through phone calls, mail, and during meetings with family, friends and residents.

·         Security. The right to file a complaint with appropriate authorities regarding any abuse, neglect, or misappropriation of property.

·         Self-Management of Money. The right to manage personal financial affairs, or appoint someone to do so.

·         Discharge or Transfers. The right to be discharged or transferred to another facility only if resident health or safety is endangered, for medical reasons, for nonpayment of services, or if the facility closes. Notice of transfer must be given 30 days in advance (in most cases) that provides the reason for transfer, the effective date of transfer, the transfer destination, and information on how to appeal the transfer. Preparation must be made to ensure a safe and orderly transfer.

·         Complaints or Grievances. Elderly nursing home residents maintain the right to express grievances to the caregivers or other staff without fear of reprisal and to have grievances resolved efficiently and promptly by the facility.

The Omnibus Budget Reconciliation Act or "OBRA" is a Federal statute the outlines the responsibilities nursing homes have to ensure the over-all protection, safety and well-being of their patients. The regulations and guidelines are overseen and enforced by the Health Care Financing Administration (HCFA). When a nursing home continually fails to comply with evaluation, care and treatment guidelines, the home stands to loose it's funding from Medicaid/Medicare. 

Unfortunately, many nursing home facilities throughout Arizona fail to sufficiently comply with nursing home regulations on a consistent basis, which often results in injury to, or wrongful death of, beloved family members and friends. If you believe a friend or loved one has been a victim of nursing home negligence, elder abuse, or medical malpractice contact attorney James Morgan at our Arizona Nursing Home Abuse Law Firm for a free consultation.