by Tom Maling
The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing Home Abuse home page.
But while this Act gives broad rights, it also removes the ability of residents to directly enforce these rights by way of injunction. So how do you enforce them under the Act? The easiest way is to make a complaint.
The complaints process
What to put into a complaint
What to ask for
elringtons health lawyers can assist if you’re not happy
There are internal review rights for Commissioner decisions. But reviews are not the only option to deal with the issue you have.
At the start of the article we mentioned that the Aged Care Act removes a person’s right to directly enforce their rights. But as we discuss in our article ‘What duty of care does a nursing home have?’, this does not mean the rights are not relevant to other legal remedies. A breach of a right may also demonstrate a claim for negligence or a battery. It may also show a breach of a contract between the resident and the nursing home (also called an Aged Care Agreement)
If you have a dispute about treatment you may also consider complaints in the ACT to the Human Rights Commissioner or complaints about a nurse or doctor to AHPRA.
We feel that the quality treatment of nursing home residents has not been adequately enforced by the law. Nursing home care is a specialist area and requires creative approaches to resolve matters. We have health law expertise which enable us to approach treatment disputes in a creative fashion.
We can help you to decide what to put into your complaint submissions and provide representation at a resolution process. Our health law expertise also covers treatment issues such as negligence and battery claims. This means we can offer a suite of options to help you to enforce your rights and, in some cases, obtain compensation.
- Nursing home abuse
- What duty of care does a nursing home have?
- elringtons health law update – dentist breaches nursing homes residents’ human rights
- Medical negligence
- Consenting to Treatment