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Jasmine DeVaynes

Ms. R. Petre

English IV Honors

30 March 2017

Residents Rights

There are an average number of 2,150,000 abuse cases each year that are reported dealing

with the elderly, that does not include the number of cases each year that go without being

reported. 58.5% of neglect cases are reported each year and there are 15.7% of physical abuses

cases reported yearly. Of these 7.3% of emotional and 0.004% of sexual abuse cases are reported

each year. Residents in nursing homes have rights and the rights of residents are just as powerful

as the bill of rights. Residents have rights in all long term care facilities and the rights are

guaranteed. Without these rights there would be way more abuse, neglect and poor care ("The

Seven Types of Elder Abuse). While residency rights have evolved it is important to understand

when these rights are violated due to abuse and neglect actions must be enforced.

Residents rights are guaranteed by the federal 1987 Nursing Home Reform Law. This

requires nursing homes to promote and protect the rights of each resident and has a very strong

emphasis on individual dignity and self determination. Residents' Rights Month is an annual

event designated by the Consumer Voice and is celebrated in October to honor residents living in

all long-term care facilities, including nursing homes, sub acute units, assisted living, board and

care and retirement communities. It is a time for celebration and recognition offering an
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opportunity for every facility to focus on and celebrate awareness of dignity, respect and the

value of each individual resident(Residents Rights).

There are many rights that residents have when living in a long term care facility. They

have the right to be treated with dignity and respect, as well as being able to make there own

schedule and participate in the activities they choose to do. Residents have the right to decide

when they want to go to bed, rise in the morning and eat their meals. Residents have the rights to

participate in activities that are designed specifically to meet their needs as a resident. Even

though nursing homes do not have to accept all applicants they have to make sure they follow the

civil rights laws meaning they can not discriminate based on race, color, national origin,

disability, age, or religion. As a nursing home resident they have the right to be free from all

neglect and abuse verbal, sexual, physical, and mental abuse. If anyone were to feel like they

have been mistreated in the nursing home or not given the care they feel that they need then they

can report that to the nursing home if you feel like that will not do anything you can report it to

the family, the local-long term care ombudsman, or state service agency. The nursing home is

required to investigate and report anything that is brought to their attention within the five

working days of the incident to the proper authorities. Residents have the right to be free from

restraints meaning that a nursing home cannot use any physical restraints unless it is an order that

was given by a physician, You cannot use physical restraints like putting up side rails on the bed

to prevent resident from being able to get out of bed or any chemical restraints like drugs to

discipline them for the staffs inconvenience (Nursing Home Residents Rights). As a resident

they have the right to make a complaint and they are required to address the complaint in a

timely manner. Anything regarding residents health care they have the right to know about
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(Nursing Home Alert). These are the rights that residents have put in place for them to make

sure they are ensured the rights they deserve to have in a nursing home.

Abuse is action that intentionally harms or injures another person. Abuse also

encompasses inappropriate uses of any substances that can alter consciousness (Abuse).

There are seven different types of elder abuse. Physical abuse, sexual abuse, financial

exploitation, neglect, abandonment, emotional abuse and self- neglect. Physical abuse is the use

of physical force that may result in bodily injury, physical pain, or impairment. Sexual abuse is

non-consensual sexual contact of any kind with an elderly person. Emotional abuse is an

infliction of anguish, pain, or distress through non- verbal acts. Financial/ material exploitation is

illegal or improper use of an elders funds, property, or assets. Neglect is refusal, or failure, to

fulfil any part of person's obligations or duties to an elderly person. Abandonment is the

desertion of elderly person by an individual who has physical custody of the elder or by a person

who has assumed responsibility for providing care to the elder. Self neglect is behaviors of an

elderly person that threaten the elders health or safety ("The Seven Types of Elder Abuse).

There are different signs and symptoms that can appear with abuse. Many of the symptoms may

be the result of disease conditions or medications. The appearance of these symptoms should

prompt further investigations to determine and remedy the cause( Pardon Our Interruption).

Cues that cannot be explained medically may signal elder abuse(Pardon Our Interruption).

Physical abuse includes symptoms like bruises or grip marks around the arms or neck,rope marks

or welts on the wrists and/or ankles,repeated unexplained refusal to go to same emergency

department for repeated injuries ned injuries and dismissive attitude or statements about injuries.

Symptoms of sexual abuse includes unexplained vaginal or anal bleeding,torn or bloody

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underwear,bruised breasts or buttocks and Venereal diseases or vaginal infections. Some signs of

emotional abuse include that they are uncommunicative and unresponsive,unreasonably fearful

or suspicious, they have a lack of interest in social contacts,evasive or isolated and unexplained

or uncharacteristic changes in behavior. Signs of financial exploitation would be Life

circumstances don't match what is known about the individual's financial assets, Large

withdrawals from bank accounts, accounts that have been switched, unusual ATM activity and

Signatures on checks don't match the older person's signature. Signs of neglect would include

things like Lack of basic hygiene, adequate food and water, or clean and appropriate

clothing,Sunken eyes or loss of weight,Person with dementia left unsupervised,Untreated

pressure bed sores and Lack of medical aids (glasses, walker, teeth, hearing aid,

medications)(Pardon Our Interruption).

In addition to types of abuse there are different types of nursing home neglect there is

emotional or social neglect, personal hygiene neglect, basic needs neglect, and medical neglect.

Emotional or social neglect is where an elder person is repeatedly ignored, left alone, or

accidentally snapped at by an overstressed nursing home staff. Personal hygiene neglect is where

patients do not receive adequate help with laundry, cleaning, bathing, brushing, their teeth, or

other forms of hygiene practices. Basic needs neglect is where the nursing home neglects to

provide a reasonable amount of food, water, or a safe and clean environment like having your

bed made, the facility being clean or having a clean bathroom. Medical neglect is where the

nursing home fails to provide adequate attention, prevention, or medication for concerns such as

bedsores, infections, cuts, diabetes, and mobility concerns (Nursing Home Alert). There are

many signs that need to be paid attention to that could be potential warning signs of neglect.
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These include things like sudden weight loss, bedsores, or pressure ulcers (see illustration 2),

dehydration, malnutrition, withdrawn behavior, changes in personal hygiene or appearance

efforts, a lack of growing friendly interaction with staff and other residents, and environmental

hazards (Nursing Home Alert). Preventing these things from happening can be a combined

effort including the nursing staff, friends and families.To make sure things like these do not

happen in the nursing home your loved one lives in because an elderly person residing in a

negligent nursing home is at a heightened risk for infections, injuries, death and serious diseases

like depression or becoming obese (Nursing Home Alert).

When residents rights like these get violated many things happen people go to jail,

facilities get in trouble,people get fired and many families become upset and angered with things

that happen in the nursing home that their loved one stays in. When things do happen to get

violated in the nursing home many families do not know that they have someone they can go to

when things do happen to their loved ones or when they think things aren't right. To make sure

nursing homes are not violating any rules and regulations the Office of Health and Assurance

and Licensing Bureau of Long Term Care are the people who do inspections/surveys (Nursing

Homes/Facilities). When resident rights happen to get violated anyone can make a complaint to

the ministry of health that the nursing is not in compliance ("Nursing Homes/Facilities"). So

there are many things put in place to ensure safety like having a survey every year so if a

surveyor feels something is off in a nursing home they will make sure to investigate it. Families

and friends also have people they can go to, to be able to complain about anything and hopefully

figure out a way to fix the problem.

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There are many people that contribute to a nursing home. There are

CNAs,RNs.LPNs,PTs, Nursing Home dietician, and administration and support employees

and also environmental staff has a large role to play in a nursing home as well (see illustration 1).

RNs are responsible for meeting the needs of the nursing home residents. LPNs implement and

plan the residents care and treatments. CNAs work under the licensed nurses and they help with

the residents with tasks such as eating, grooming, hygiene, bathroom and getting dressed ("Types

of Nursing Home Employees). CNAs are the eyes and ears of the nursing home. They are the

main people with the residents throughout the day so they are one of the most important people

in the nursing home(Fonda).

There are many rights residents have in a nursing home and they have changed over time

however they have been put in place to ensure safety of residents. Many things have happened in

nursing homes regarding neglect and abuse and many other cases and that's why there are things

put in place to make sure that they can feel safe in the place they chose to live. While medical

residents are entitled to certain residency rights, these rights have evolved. When these rights are

violated due to abuse and neglect actions for these cases must be enforced. Residents rights are

an important thing to have in a nursing home they ensure and protect the rights of each and every

residents (Residents have rights).

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Illistration: 1

"Physician's Practice."

Illustration 2: b

Patient loses weight and develops pressure ulcers

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"Abuse." The Free Dictionary. Farlex, n.d. Web. 06 Mar. 2017.

Bravo, Fonda. "Mentor Interview." Telephone interview. 28 Feb. 2017.

Nursing Home Alert. N.p., n.d. Web. 16 Feb. 2017.

"Nursing Homes/Facilities." Nursing Homes/Facilities.

"Nursing Home Residents Rights." Nursing Home Residents Rights. N.p., n.d. Web. 19 Feb.

2017.

Pardon Our Interruption. N.p., n.d. Web. 29 Mar. 2017.

"Physician's Practice." Coldbrook Insurance. N.p., n.d. Web. 29 Mar. 2017

"Residents Have Rights | Residents' Rights | Rights Of Residents." Residents Have Rights |

Residents' Rights | Rights Of Residents. N.p., n.d. Web. 02 Mar. 2017.

"The Seven Types of Elder Abuse | Peck Law Group."

"Patient Loses Weight and Develops Pressure Ulcers

(Bed Sores); Richmond Nursing Home Settles." Nursing Home Neglect and Abuse. N.p., n.d.

Web. 31 Mar. 2017.

PLG Nursing Home Abuse & Neglect

Personal Injury Attorney Los Angeles. N.p., 13 Feb. 2015. Web. 16 Feb. 2017.

"Types of Nursing Home Employees - Types, Requirements & Licenses."