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Missouri Nursing Home Resident Rights

Published on Sep 1, 2017 by Thomas Law Offices.
If you have a loved one in a nursing home or long-term care facility in Missouri, you should be aware that all nursing home residents have legal rights. If you or your loved one ever have a reason to believe that these rights are being violated in any way, you can take legal action against the institution or individual responsible for that violation.

When you visit your loved one, keep an eye out for how your loved one is being treated, if they are being properly cared for, and if their rights are being attended to. This is the best way to watch out for potential red flags of a possible situation where abuse or neglect might occur.

Every Missouri nursing home resident has the right to:

  • Be informed. Residents must be given a copy of the rules and regulations of the facility as well as their resident rights. They’re also entitled to information regarding the facility’s inspection results or any violations or deficiencies found.
  • Participate in their own care. Residents have the right to decide on their treatment/care options and may refuse any options given.
  • Choose their own doctor. Residents may decide to keep their own doctor or see the facility’s doctor.
  • Remain in the facility. A resident can only be discharged from a facility for medical reasons, bill nonpayment, or due to the threat of physical harm. Discharges/transfers must come in written form 30 days before the discharge date and appeal options must be offered.
  • Voice grievances. A resident has the right to voice concerns and issues at any time regarding the facility or the care that is being provided. Staff members must respect these grievances and attempt to improve the situation and/or circumstances.
  • Manage their own finances. Whether a resident keeps their personal funds or lets the facility keep track of them, no one can tell a resident how those funds can be spent.
  • Be free from abuse and restraint. No resident should be subjected to physical, sexual, or emotional harm. Restraints are only to be used as treatment for medical symptoms.
  • Have privacy and respect. Residents have a right to privacy during medical treatment, personal care, when communicating with loved ones, and during visits/resident group meetings. Consideration, confidentiality, and respect must be given at all times.
  • Communicate freely. Residents may associate and communicate with anyone they choose. This includes telephone calls and mail.
  • Participate in activities. A resident may choose to participate in social and religious activities both inside and outside the facility. No activities or services are required within the facility.
  • Retain possessions. A resident may retain personal possessions as space permits.
  • Retain marital privileges. Residents have the right to private spousal visits and may share a room with a spouse if both are residents.
  • Purchase goods and services. Residents may purchase or rent goods or services not included in their daily or monthly rate. An itemized bill for these goods or services is to be delivered at the end of every month.

If your loved one is in a Missouri nursing home and you feel their rights are not properly being respected, you should contact the facility immediately and voice your concerns. If you have reason to believe that your loved one has been injured or otherwise suffered at a facility due to abuse or neglect, you should consider relocating them immediately and contact a lawyer as soon as possible.

Hiring a lawyer may make it possible for you to obtain compensation that can be used to aid your loved one’s recovery. In addition, a lawsuit sends an impactful message that cannot be ignored by the facility. With our help, you can ensure no one gets harmed in the same manner again. To learn more, contact Thomas Law Offices today.

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Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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