Nursing Home Residents’ Rights Under California’s Elder Abuse and Dependent Adult Civil Protection

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Under California’s Elder Abuse and Dependent Adult Civil Protection Act, nursing home Residents have important legal rights. Upon admission to a nursing home, Residents must be informed of their rights and the nursing home must provide Residents with a written list of their rights upon Residents’ request. Furthermore, Residents have the right to request and review the most current state inspection report of the nursing home.

Right to be free from abuse and neglect

Nursing Home Residents have the right to complain about any mistreatment by the Nursing Home staff, and the right to have their complaints resolved promptly. Residents also have the right to be free from both physical and mental abuse, and the right not to be tied down, restrained, or given drugs to restrain, if such restraint is not necessary in treating their medical symptoms. In addition, Residents cannot be separated from or kept apart from other Residents against their will, and Residents must be allowed to see family, resident advocates, physicians, representatives of the state and federal government, and service providers.

Rights related to medical needs

Residents also have the right to choose their own personal physician, the right to be fully informed about their medical care, and the right to refuse any medical treatment. In addition, Residents have the right to request their medical records and if so requested, Residents must be provided their medical records within 24 hours of making the request.

Authored by Stan Grombchevsky of Spray, Gould and Bowers LLP

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