Attorney Heath D. Harte Issues Rights Reminder for Nursing Home Residents

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In light of the news that a CNA pleaded guilty in Albany, NY to abusing residents of a nursing home, attorney Heath D. Harte has issued a statement reminding those residents of their rights. Harte has offices in both Connecticut and New York.

Attorney Heath D. Harte issued a statement reminding nursing home residents of their rights in the wake of news that a CNA in Albany, NY has plead guilty to abusing an elderly woman in her care.

According to a report from the Troy Record (CNA pleads guilty to abusing elderly woman at Albany facility, 1/14/14), the certified nurse’s aide plead guilty to charges of endangering the welfare of a vlunderable elderly person or an incompetent or physically disabled person in the second degree. According to the report, the charges amount to a Class E felony in New York State.

According to the report, the elderly woman was manhandled by the nurse’s aide, who admitted to twisting her arm behind the woman’s head, causing her to suffer a fracture.
“Incidents like this one are appalling, and all too common,” said attorney Heath D. Harte. “Any elderly resident of an assisted living or rehabilitation facility that has suffered from abuse needs to know their rights, and come forward if they are being violated.”

Harte laid out several basic rights that every elderly resident should know when they are in the care of others.

“Nursing home residents have the right to see representatives of the state and federal government, family members, physicians, service providers, and ombudsmen or other resident advocates,” said Harte. “An ombudsman investigates and helps resolve resident complaints. Ombudsmen do not charge for their services and do not regulate the facility.”
Harte elaborated on the circumstances under which a resident can be removed from a facility’s care.

‘A resident can only be removed from a facility if the resident no longer needs the nursing home’s services, if it is necessary for the resident’s welfare or for the safety of others, the resident fails to make payments after reasonable notice, or if the facility closes,” said Harte. “The nursing home must provide 30 days notice of a discharge or proposed transfer, and the resident has the right to appeal.”

Nursing home residents are also entitled to:

  •     Keeping their personal possessions
  •     Applying for Medicare and Medicaid benefits without being discriminated against for receiving such benefits
  •     Being treated the same as other residents
  •     Confidentiality of their clinical and personal records
  •     A listing of services paid by Medicare and Medicaid and all additional fees and services
  •     A choice in their own physician
  •     Full information and participation in the planning with regard to their medical care
  •     Refusal of any treatment
  •     Not being kept apart from other residents against their will
  •     Not to be restrained if not necessary
  •     To raise grievances and to have them resolved expeditiously
  •     To participate in religious, social and community activities
  •     Not to be required to deposit their personal funds with the nursing home
  •     To privacy, including that with regard to medical treatment, visits, communications, and meetings with resident groups and family
  •     To review the most recent state inspection report

If your loved one is a resident of a nursing home and you feel his or her rights have been violated, you should speak an attorney immediately,

About the Law Offices of Heath D. Harte
With over 25 years of experience, the Law Offices of Heath D. Harte is a full service law firm concentrating in Criminal Law, Personal Injury Law, Estate Planning, and Real Estate. While traditional in service and style, with smart use of experience and leveraging state of the art technology to streamline services, the firm cuts out excessive overhead usually associated with law firms. Lower overhead means that the firm can offer the same service one expects from a prestigious law firm, like the Law Offices of Heath D. Harte, at lower, more affordable costs to clients. The firm’s ultimate goal is to provide aggressive, reliable and effective legal representation at an affordable price. The firm also offers creative fee structures to accommodate clients’ needs, especially in today’s economic climate.

To learn more about The Law Offices of Heath D. Harte locations and services, please contact:
The Law Offices of Heath D. Harte
1700 Bedford Street, Suite 102
Stamford, CT 06905
Office: (203) 724-9555

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Tammy Castelino
Heath D. Harte Law Firm
+1 (203) 724-9555
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