{"id":353484,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/legal-rights-of-nursing-home-residents.html"},"modified":"2025-09-15T13:22:05","modified_gmt":"2025-09-15T18:22:05","slug":"legal-rights-of-nursing-home-residents","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/legal-rights-of-nursing-home-residents.html","title":{"rendered":"Legal Rights of Nursing Home Residents"},"content":{"rendered":"\n
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Legal Rights of Nursing Home Residents<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Federal and state laws require nursing homes and assisted-living facilities to provide a certain standard of care. If you suspect nursing home abuse or neglect of your loved one, you have legal options.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Poor treatment is a common worry when choosing a nursing home or assisted living facility for yourself or a family member. Moving into a long-term care facility doesn’t mean being subject to any type of abuse or neglect. All residents, even those with cognitive and physical incapacities, have legal protections and rights in a nursing home.<\/p>\n

This article provides basic information regarding\u00a0nursing home abuse laws<\/a> and residents’ rights in a care facility. Whether you are comparing facilities or your loved one is a current resident, learn what you can do when you have concerns about substandard care.<\/p>\n

Remember, if you believe a resident is in immediate danger, they should be removed from the nursing home facility as soon as possible. You can also talk to a personal injury lawyer about how to protect your loved one.\u00a0\u00a0<\/p>\n

Legal Standards of Nursing Homes<\/h2>\n

Nursing homes are private institutions that furnish shelter, feeding, and care services to sick, aged, or infirm persons. They are not strictly considered hospitals in that they do not necessarily render actual medical treatment. Sometimes they may be considered hospitals for certain purposes. This can depend on laws that may govern their operation.<\/p>\n

Facility Classifications Affect Standards<\/h3>\n

Federal laws distinguish among four types of healthcare facilities. The distinction depends on the level of nursing care they provide.<\/p>\n

The classifications from the lowest to the highest degree of care are as follows:\u00a0<\/p>\n