When a nursing home gives residents unnecessary medications to control their behavior, they break the law. These medications, often sedatives or antipsychotics, can harm residents and violate their basic legal rights.
Your loved one has strong legal protections in nursing homes, backed by federal and state laws. When nursing homes use medications to make residents easier to manage, they cross important legal lines.
The right to know about medications
Before any new medication starts, the nursing home must tell residents what they’re taking and why. They must explain the benefits, risks and side effects. Staff cannot hide medications in food or trick residents into taking them. The resident or their legal decision-maker must agree to the treatment.
The right to be free from unnecessary drugs
Nursing homes cannot use medications just to make their job easier. Federal law strictly forbids using drugs as a way to control residents when the real issue is not having enough staff. Every medication must have a clear medical reason.
The right to make personal choices
Residents can decide what medications they want to take. Even if someone has memory problems, the nursing home must respect their choices about care. Only a court can take away this right – confusion or dementia alone is not enough.
The right to proper medical care
Every medication must connect to a real medical need. Nursing homes must first try other ways to help residents who are anxious or agitated. Using drugs as a first solution instead of proper care violates federal rules.
The right to say no to medications
Unless a court has ruled otherwise, residents can refuse any medication. If your loved one says no to a drug, the nursing home must respect this choice. They cannot force medications or punish residents who refuse them.
When nursing homes use chemical restraints without consent, it may amount to abuse of the patient’s rights. Understanding these rights can help you spot violations and protect your loved one’s well-being. Consider getting legal guidance to learn the best way to address these serious violations.
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