The nursing home abuse attorneys at Bisnar | Chase have always been vocal about consumer rights. And here is an issue that really gets me going because it involves basic personal rights and liberties many of us take for granted. I recently read an interesting article in the Los Angeles times by Ira Rosofsky, a psychologist, who talks about the personal rights of nursing home residents especially when it comes to privacy issues.

The Nursing Home Reform Act of 1987 mandating nursing homes to maintain an environment in which each resident can "attain and maintain his or her highest practicable physical, mental and psychological well-being." However, the truth remains that when patients or residents walk into a nursing or an assisted living facility, they check their rights and personal liberties at the door. This is particularly true when it comes to privacy issues.

Nursing Home Residents' Need for Privacy

For decades, psychologists and sociologists have maintained that a healthy sex life or even a mild display of physical affection such as kissing or hand-holding, is much healthier than strong medications that will leave them in a state of stupor all day. We have seen several recent cases of nursing home abuse where elderly residents have suffered serious personal injury and even death because nursing home staff overdosed patients on these medications just to "keep them quiet" and under control. In fact, 30 years ago, sociologists proposed that nursing home operators set aside "privacy rooms" for their residents. But after all these years, that still hasn't happened.

Nursing homes are required under the law to provide basic services such as physical therapy and recreation. The law also contains a Bill of Rights that includes the right to privacy and the accommodation of personal needs. Then, why is it that almost none of nursing homes have taken any steps or have a formal policy in place to ensure that their residents are given some sort of private space, if they wish to have a sex life or a love life? Why is it that cannot spend a few minutes in their own room – their personal space – without having an aide coming in make the bed, mop the floor or bring in the food. I would be shocked if they even knock on the door before entering the room in many of these nursing homes. Just because an individual is older and unable to care for himself or herself, does that take away that person's rights to have a fulfilling life?

The Right to Privacy

In my opinion, a resident in a nursing home or an assisted living facility has every right to personal space and privacy. A person's room in a nursing home is basically their home. No one -- staff, doctors or maintenance staff -- should be walking in without first asking for permission to enter. Of course, there will be incapacitated and dependent residents in nursing homes to whom this may not apply. But, most seniors are able to decide when and if they want someone entering their room, their "home." They pay rent and they have rights. What would our teenagers say if school officials walked into their dorm rooms unannounced? They would be outraged, wouldn't they? They would be marching up and down the quad proclaiming their rights -- rightly so. They have rights and so do our elderly.