Schedule a FREE lawyer consultation TODAY! (212) 421-0300.
NO FEE GUARANTEE®
We’ll win your injury case, or it’s free.
TOP RATED SERVICE:
We have over 188 5-star reviews on Google
BATTLE TESTED LAWYERS:
We’ve prepared over 5,000 cases for trial.

NYC Nursing Home Residents' Rights Lawyer

Get Your Free
Case Evaluation

Legal Rights Of Nursing Home Residents

As an institution by definition, a nursing home facility that operates anywhere in the United States is required to develop and implement a written standard of policies and procedures regarding the core concerns of these facilities’ work. Policies should address the prohibition of patient mistreatment, abuse, and neglect. If the proper procedures are not met, thus allowing for abuse or neglect of any degree, a New York City personal injury lawyer from our firm should be contacted immediately.

Your Rights Defined

Upon entering a nursing home facility in the state of New York, the individual is supposed to be given both verbal and written notice of the rights and services provided to residents. Nursing home residents have the right to be notified of these services periodically throughout their time at the facility, and the notice must be given in a language that is comprehensible to the resident. Among the many legal rights to which a nursing home resident is entitled are:

  • The right to have visitors, i.e., family members, physicians, ombudspersons, or even representatives of the state or federal government
  • The right to keep and utilize his or her personal possessions (unless it has been established that doing so could endanger the health and safety of the individual and other residents and staff members)
  • The right to equal treatment, regardless of the individual’s method of payment, i.e., private payer vs. Medicare/Medicaid recipient
  • The right to apply for and receive Medicare and/or Medicaid benefits
  • The right to confidentiality of the patient’s clinical and personal records
  • The right to choose a personal physician
  • The right to be made fully aware of the details of his or her medical care and treatment
  • The right to refuse treatment
  • The right to actively participate in the planning stages of care and treatment
  • The right to interact with other residents of the facility
  • The right to voice grievances for the purpose of having them resolved
  • The right to privacy, i.e., during friend and family visits, alone time and medical treatment
  • The right to participate in social, community and religious activities (but participation cannot interfere with the rights of other residents)
  • The right to review his or her personal medical records within 24 hours of making a request
  • The right to review the state inspection report of the facility that was made most recently
  • The right to 30 days’ notice of transfer or discharge from the facility
  • The right to appeal a proposed transfer or discharge from the facility

Were Your Rights Abused Or Neglected?

The facility cannot deny a resident who wishes to see a list of the services that are paid for by Medicare and Medicaid, as well as any fees connected to additional services offered by the facility.

  • The facility cannot mentally or physically abuse a resident.
  • The facility cannot tie down a resident or give the resident drugs for the purpose of restraining him or her when medical conditions do not call for such treatment.
  • The facility cannot require that a resident deposit his or her personal funds with the nursing home.
  • The facility cannot change the room number or the roommate of a resident without first giving notice of the change.
  • The facility cannot remove a resident without valid reason; valid reasons include welfare, restored health, prevention of harm, or a resident’s failure to pay his or her fees.
  • The facility cannot transfer a resident for hospitalization or therapy without first informing the resident of the length of time his or her bed will be held open for his or her return.
  • The facility cannot give away a bed that is being held for a patient who has been hospitalized or is in treatment.

Contact Us For A Free Case Review

Protect Your Legal Rights: Contact Our Firm

At The Law Office of Richard M. Kenny, our family is prepared to fight for your family. The legal services that we provide to our nursing home abuse and neglect clients go above and beyond professional representation. We are committed to handling your case personally and developing individual relationships with our clients. Contact The Law Office of Richard M. Kenny to speak with a New York City nursing home neglect attorney about your case.

Recent Blog Posts

How Do I Know if I Have a Valid Premises Liability Claim in Manhattan?
If you were injured on someone else's property because of unsafe property conditions in Manhattan, you're most likely wondering if you have a valid premises liability claim. Read on and… Read More
Bronx Apartment Fire Likely Caused By Space Heater
More than 60 people were injured and 19 have lost their lives in what was one of the deadliest fires in NYC in decades, according to the Washington Post. Now,… Read More
What Happens if I’m in an Accident With an Uninsured Driver?
Auto accidents are jarring, and though no one ever wants to imagine that the day will come where they're seriously injured in one, unfortunately, this happens more often than you… Read More
Snow & Ice Accidents in Manhattan | What You Should Know
There are few things more jarring than walking along the sidewalk or crossing the street, only to feel your feet give out from under you, resulting in a hard thud… Read More
Can I Sue My Landlord for an Injury in New York City?
Though most of us feel safe in our own homes, the unfortunate reality is that if we rent, we are, in large part, at the mercy of our landlords. Landlords… Read More
Common Causes of Stairway Accidents in Manhattan
Stairway accidents aren't as common as other accidents, such as those involving automobiles, yet they still happen very frequently throughout Manhattan. If you were recently injured in one, you should… Read More
How Do I Know if I Have a Valid Premises Liability Claim in Manhattan?
If you were injured on someone else's property because of unsafe property conditions in Manhattan, you're most likely wondering if you have a valid premises liability claim. Read on and… Read More
Bronx Apartment Fire Likely Caused By Space Heater
More than 60 people were injured and 19 have lost their lives in what was one of the deadliest fires in NYC in decades, according to the Washington Post. Now,… Read More
What Happens if I’m in an Accident With an Uninsured Driver?
Auto accidents are jarring, and though no one ever wants to imagine that the day will come where they're seriously injured in one, unfortunately, this happens more often than you… Read More
Snow & Ice Accidents in Manhattan | What You Should Know
There are few things more jarring than walking along the sidewalk or crossing the street, only to feel your feet give out from under you, resulting in a hard thud… Read More
Can I Sue My Landlord for an Injury in New York City?
Though most of us feel safe in our own homes, the unfortunate reality is that if we rent, we are, in large part, at the mercy of our landlords. Landlords… Read More
Common Causes of Stairway Accidents in Manhattan
Stairway accidents aren't as common as other accidents, such as those involving automobiles, yet they still happen very frequently throughout Manhattan. If you were recently injured in one, you should… Read More

MEMBERSHIPS AND AWARDS

Best Motorcycle Accident Attorney

THE LAW OFFICE OF RICHARD M. KENNY

Whether you need a Bronx car accident lawyer, birth injury lawyer, construction accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped hundreds of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

FREE CASE EVALUATION

If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

TRANSIT INFORMATION:

34 St. - Herald Sq (0.13 mi)
St. - Penn Station (0.17 mi)
34 St. - Penn Station (0.35 mi)