What Rights Do Nursing Home Residents Have in Texas?

When moving into a nursing home facility, residents and their families have many decisions to make and questions to answer. Which nursing home will be chosen? How will the cost of care be taken care of? Who will be the primary caregiver? However, a frequently overlooked but crucial question for nursing home residents is simply, “What are my rights in a nursing home?” If you’re wondering, “What rights do nursing home residents have in Texas?” or “How do I choose the right Odessa elder abuse lawyer,” then our Odessa nursing home negligence attorneys at Carabin Shaw are here to help. Read on to learn what rights you have as a nursing home resident living in Odessa, Texas—and find out what to do if those rights have been violated.

According to the Texas Administrative Code (TAC), residents of Texas nursing facilities “have all the rights, benefits, responsibilities and privileges granted by the Constitution and laws of this state and the United States,” as well as the right “to be free of interference, coercion, discrimination, and reprisal in exercising these rights as citizens of the United States.”

This means that nursing home residents have all of the following rights:

1. The Right to Dignity. Residents have the right to live in safe and clean conditions, free of abuse or neglect. They have the right to be free from discrimination in any form, the right to practice their religious beliefs, the right to keep and use their personal property, and the right to have visitors.

2. The Right to Privacy. Nursing home residents also have the right to have privacy in their personal affairs. They are entitled to have privacy during visits with family or friends, as well as the right to privacy during phone calls. Further, residents have the right to send and receive mail that has not been opened. Violations of privacy in Odessa nursing homes therefore constitute a form of Odessa nursing home negligence or neglect.

3. The Right to Choose. Residents have the right to make their own choices about their care. They have the right to choose a doctor, to manage their own finances, to refuse treatment or services, and to discharge themselves from the nursing home facility unless they have been deemed mentally incompetent. Residents also have the right to use advance directives, to designate a guardian, to place recording or monitoring devices in their room.

If you are unsure whether or not your particular claim qualifies as negligence, an experienced lawyer can help identify legally negligent behavior and guide you through any applicable legal ramifications.

If you suspect that your rights—or the rights of your loved one—have been violated while staying in a nursing home facility in Texas, you need to consult an Odessa elder abuse lawyer as soon as possible to discuss your legal options. Our compassionate nursing home negligence lawyers in Odessa have a combined 200 years of legal experience, and have been handling these types of cases for more than two decades. If you’re looking for a lawyer with an unmatched professional reputation, extensive personal injury experience, and exceptional client satisfaction ratings, then look no further than the law offices of Carabin Shaw.

To schedule your free consultation with a qualified Odessa nursing home negligence attorney, call our office serving Odessa, Texas at (432) 620-0544. Don’t wait—call today and learn what our Odessa attorneys can do for you.