Portland Nursing Home Bill of Rights
Nursing home residents in Portland and across the nation are entitled to certain rights that promote their safety, best interests and well-being. As outlined in the Oregon Nursing Home Bill of Rights, residents have a right to be treated with dignity, respect and live in an environment free from abuse and neglect. If you suspect these rights have been violated, it is in your best interest to seek legal representation. Our trusted nursing home abuse attorneys in Portland have years of experience holding nursing home facilities accountable for the harm they have caused. The legal team at Rizk Law has helped our clients recover more than $15 million in compensation for what they have suffered. If your loved one has been abused or neglected at Cascade Terrace Nursing Center, Cornerstone Care Option or another facility in the Portland area, we are ready to work on your behalf to obtain the compensation and justice deserved.
Contact us today to schedule a free, no obligation legal consultation to find out how we can help. We work solely on a contingency fee basis, which means there is no risk to you. There are no fees or costs involved unless we help you recover adequate compensation for your case.
What Is the Nursing Home Bill of Rights?
In response to widespread abuse and neglect in nursing homes, the U.S. Congress passed legislation in 1987 requiring nursing homes to comply with certain quality of care rules. This law is known as the Nursing Home Reform Act, which states that nursing homes must provide services that maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care (42 U.S. Code § 1395i-3).
Under federal nursing home regulations, residents have the right to:
- Freedom from abuse, mistreatment or neglect
- Freedom from physical restraints
- Receive care that fulfills physical, medical, emotional and social needs
- Participate in resident and family groups
- Be treated with dignity
- Exercise self-determination
- Communicate freely
- Participate in one’s care plan and be fully informed in advance of any changes
- Voice grievances without reprisal or discrimination
Oregon, along with many other states, has passed additional laws to ensure quality care is provided by nursing homes. Long-term care facilities must comply with Oregon’s Nursing Home Patients’ Bill of Rights (statutes 441.605 and 441.610), which guarantees residents certain protections. These include the right to be treated with respect and dignity, have their medical and personal records kept confidential, and the freedom from mental and physical abuse. Residents cannot be transferred or discharged from a facility without good cause, advanced notice or a transfer plan, and have the right to a hearing to stop any proposed changes.
Other rights guaranteed to nursing home residents without limitations include:
- The right to be fully informed of the policies and procedures that govern the conduct and responsibilities of all residents
- The opportunity to participate in the planning of medical treatment and to refuse experimental research
- No requirement that they perform services for non-therapeutic purposes
- The right to accept or refuse medication, treatment or care and to choose their own doctor
- The ability to manage personal finances or be given a periodic account of their finances
- Freedom from retaliation for complaints or suggestions
According to the Oregon Department of Human Services (DHS), each resident and the resident’s designated representative must be given a copy of the Residents’ Bill of Rights before moving into a facility. Nursing homes who do not follow one or more of these standards can face repercussions. If you believe your loved one’s rights may have been violated, you could be entitled to compensation for the inadequate treatment he or she received.
Complete a Free Case Evaluation form today so we can start reviewing your case.
Violations of a Residents' Rights
Improper care or neglect of nursing home residents by caregivers often involves a number of situations that result in physical, emotional, sexual or financial harm.
Signs that a resident’s rights have been violated could include:
- Sudden weight loss
- Malnutrition or dehydration
- Poor hygiene
- Cuts or bruises
- Deteriorating health issues
- Broken bones
- Marks from physical restraints
- Changes in personality or behavior
- Physical discomfort
If you suspect abuse or neglect taking place, it is important to inform the authorities, file a complaint with the appropriate agencies, and consider hiring an attorney. Our experienced legal team at Rizk Law can help determine whether the facility treated your loved one with the care that is required in the nursing home bill of rights.
Call 503.245.5677 now to schedule a free consultation with a nursing home abuse lawyer.
Resources Available for Nursing Home Residents
Residents of nursing home facilities in Oregon have several resources available to voice concerns or complaints if they experience poor care or mistreatment. These including the following:
Long-Term Care Ombudsman Program
An independent state agency operates the Long-Term Care Ombudsman Program to advocate for residents residing in nursing facilities, residential care facilities, assisted living facilities and adult foster care homes. This program helps to advocate for improvements in resident care and quality of life.
If a complaint is filed, an ombudsman will investigate the situation and try to resolve the issue. The ombudsman responds to many different types of resident concerns, including problems with resident care, medications, billing issues, lost property, meal quality, service plans, guardianships and evictions.
Oregon Department of Human Services
The Oregon Department of Human Services offers residents different outlets for reporting abuse and neglect. Depending on a resident’s disability or mental state, he or she must file an official complaint to a specific location or program:
- Residents with physical disabilities must report their grievances to their local Department of Human Services office.
- Residents with mental illness must report their grievances to their county mental health program.
- Residents with developmental disabilities must report their grievances to the Multnomah County Developmental Disability Program.
Residents and loved ones can also report abuse or neglect through Oregon’s toll-free hotline at 1-855-503-SAFE (7233) or directly through the DHS website.
How Can an Attorney Help?
If your loved one has not received the care he or she needs from a nursing home facility, your best option is to hire a dedicated nursing home abuse attorney. At Rizk Law, we are committed to protecting the rights of residents and their families.
We understand the regulations governing the nursing home industry and can answer many frequently asked questions about nursing home abuse. If you decide to move forward, we will work hard on your behalf and handle every detail, including:
- Thoroughly investigating your claim to prove that abuse or neglect occurred
- Discussing your complaint with the nursing home’s management and owners to find out how the incident happened and who is responsible for the abuse
- Gathering information from anyone who witnessed the abuse and documenting their statements
- Collecting photographic evidence of injuries sustained or video recordings of the abuse
We can also help negotiate a settlement to obtain the maximum compensation you deserve. This may include recovering damages related to medical costs incurred from the abuse, rehabilitation costs from any injuries suffered, relocation or transportation to another facility, loss of stolen or damaged property, emotional distress, and pain and suffering.
Fill out our Free Case Evaluation form right now.
Contact Rizk Law for Violations of Residents' Rights
The Nursing Home Bill of Rights exists to protect every resident residing in a nursing home facility in the city of Portland and throughout the state of Oregon from enduring any type of abuse or neglect.
If a nursing home fails to provide quality care and treatment, you have the legal right to pursue a claim against the facility. Our firm can review your loved one’s situation and determine if he or she has a valid case. We can keep you informed regarding the status of your claim each step of the way.
There is no risk in contacting us because we offer free, no obligation consultations. Our attorneys work on a contingency fee basis so you pay no fees unless you obtain compensation.
Our team is here for you. Call 503.245.5677 right now.