Take Our Survey, Get Answers

Removing a Patient from a Nursing Home

A nursing home may need to remove a patient for a number of different reasons and there are also a number of reasons that an elderly resident may feel the need to leave the home. Most of the time, leaving or relocating to another home is the choice of the resident. However, if the resident is unable to make that decision, based on mental incapability, it can be the result of the family wanting the resident to be moved.

Removal of the Patient

In some cases, family members may feel that the facility where their loved one is staying is not capable of providing for the medical needs of their loved one. In some cases, this may be true. The facility may not be able to provide for certain health conditions that the patient has or that could develop. Another facility may be better suited to the task. If the elderly patient has the capacity to make his or her own decisions though, it does not matter what the loved ones think about the situation. The resident will have the final say in the matter.

Nursing Home Abuse

Another reason to remove a patient from a nursing home is in the case of suspected abuse. In this case, it is important to get in touch with the local authorities as well, so they can begin an investigation of the home. Chances are that if one patient is undergoing abuse, many others are as well. Negligence is a form of abuse as well, and patients who simply do not receive the proper care they need can suffer health problems and even die.

Nursing Home’s Decision

In other cases, the nursing home will actually request that the patient be removed. They are able to do this only in certain circumstances. If the elderly resident is disruptive, or could cause harm to others in the home, they may remove the resident. If they are no longer able to care for the resident’s condition, if the staff goes on strike, or the nursing home is closing or loses certification, the patient may have to leave. In addition, if the resident cannot meet the financial requirements for the home, the facility will remove them.

Illegal Removal

While it is rare, there may be some times that a facility could try to force an elderly patient from the home. The facility may say that when the Medicare days run out, the patient will have to leave, and they may claim that they do not have any long-term beds available. Whenever a facility removes a patient against their will, they will need to have a written notice at least 30 days in advance. This notice needs go to the patient and whoever may be advocating for them. They also need to receive instructions on how to file an appeal.

By Choice

Sometimes, the resident simply wants to move away from the nursing home to a new facility, or with their family. If the patient wants to live in another home, it is a good idea to take tours of the other facilities first to see how they are run and what they have to offer. They need to be able to provide proper care for the senior.

In the event that the patient’s health improves to the point that they no longer feel they need to live in a home, they may want to move home to live with family. They may still need some assistance, but not enough to warrant living in a home. This can often make them feel more comfortable and it can allow them to save money.

The Meyer Law Firm, P.C., 9235 Katy Freeway, Suite 160, Houston, Texas 77024. THE FIRM MAINTAINS ITS PRINCIPAL OFFICE IN HOUSTON, TEXAS. Attorney Jeff Meyer is responsible for the content of this site and is licensed in Texas and California. ALTHOUGH THE MEYER LAW FIRM WILL MAINTAIN JOINT RESPONSIBILITY THROUGHOUT THE REPRESENTATION, CASES WILL LIKELY BE REFERRED TO OTHER LAWYERS AND LAW FIRMS FOR PRINCIPAL RESPONSIBILITY. Once you become a client of the firm, which only occurs if there is a signed, written agreement between both the client and the firm, information regarding your claim may be transmitted electronically in compliance with HIPAA and Texas House Bill 300. Use of this site is subject to the Terms & Conditions and Privacy Policy. If you contact The Meyer Law Firm, you consent to be contacted by text, email, phone or fax or any other means of communication. No attorney-client relationship is created by one’s use of this website.