By Fredrick P. Niemann, Esq. a NJ Elder Care Lawyer
New Jersey has in place a “Bill of Rights” for nursing home residents. The New Jersey Nursing Home Bill of Rights law can be found in N.J.S.A. 30:13-1 et seq., and in the administrative code at N.J.A.C. 8:39-4.1. The rights established under this law are intended to protect nursing home patients from neglect and abuse. In some cases, a violation of this law can form a basis for legal action against a nursing home where residents are injured due to poor care, neglect and/or abuse. The law not only defines the rights of nursing home residents, but also establishes responsibilities for nursing homes. Importantly, the law specifies that the costs of enforcing patient rights under the law includes attorneys’ fees will if the nursing home is found to have violated the law.
Some of the more important rights of nursing home residents in New Jersey are summarized as follows:
1. The right to manage his/her own affairs
2. The right to privacy
3. The right to retain the services of his/her own personal physician
4. The right to obtain from his/her physician understandable information regarding his/her medical condition
5. The right to refuse treatment
6. The right to participate in the planning of his/her total care and treatment
7. The right to confidentiality and privacy concerning his/her treatment and medical condition
8. The right to unrestricted communication and visitation
9. The right to present grievances without fear of discharge or reprisal
10. The right to a safe and decent living environment
11. The right to considerate and respectful care
12. The right to not be deprived of any constitutional, civil or legal right
13. The right to be discharged or transferred by the nursing home only for certain permissible reasons set forth in the statute.
Contact me personally today to discuss your New Jersey discharge from a nursing home matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at email@example.com/.