My mother is in a Kentucky nursing home. The doctors seem to think that they know what is best for her, and I don’t think that they are listening to my mother or to me about her medical care. Who has the right to make medical decisions in a Kentucky nursing home, and what should I do?

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In the absence of an emergency, the nursing home resident or the person legally designated by the resident to make medical decisions has the right and responsibility to make medical decisions. Generally, if your mother is legally competent and wants to continue making her own medical decisions, then she is the one who has the right to agree, or to refuse, treatment.

In some cases, your mother may no longer be competent and may have designated you, or someone else, as her surrogate in some kind of advance directive. An advance directive may include a durable power of attorney, living will, or other document.

When your mother is not in immediate need of medical attention and there is time to get an answer from your mother if she is able, or from her surrogate, then nursing home doctors should be doing that. If the doctors fail to do that and your mother has been harmed by the decisions of the doctors or other nursing home staff, then it is important to know that your mother may have legal rights.

Has Your Loved One Been Injured In A Nursing Home?

If you believe your loved one is being subjected to nursing home abuse you need to speak with an experienced Kentucky nursing home neglect attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.