Nursing Home Rights in Texas

Like all right-thinking individuals, Jesse Hernandez is opposed to all forms of physical violence. He is a San Antonio domestic violence attorney who firmly believes in the right of every person to be safe in their own home. He’s also dedicated to protecting the rights of some of our most vulnerable citizens, nursing home residents.

No one surrenders their rights when they enter a nursing home, and to help protect you or a loved one, here are a few of the basic rights of nursing home residents under both state and federal laws.

Dignity and respect

Nursing home residents have the right to:

  • Live in safe, decent and clean conditions.
  • Be free from abuse, neglect and exploitation.
  • Be free from discrimination based on age, sex, race, religion, nationality, disability, marital status or source of payment.
  • Practice their own religious beliefs.
  • Keep private property and have it protected against theft or loss.
  • Be free of any chemical or physical restraints not needed to treat their medical condition.

Freedom of choice

Nursing home residents have the right to:

  • Make their own choices regarding personal affairs, care, benefits and services.
  • Choose their own doctor, either at their own expense or through an insurance plan.
  • Manage their own financial affairs or delegate that authority to another person.

Privacy and confidentiality

Residents have the right to:

  • Privacy during visits, phone calls and while attending to personal needs.
  • Have facility information about you kept confidential.
  • Send and receive unopened mail.

This is just a partial listing of the rights of nursing home residents, and you can find a complete list here from Texas Health and Human Services.

If you or a loved one has been the victim of nursing home abuse, call attorney Jesse Hernandez today for immediate assistance.

Sexual Assault FAQ

Jesse Hernandez is a sexual assault attorney in San Antonio, TX, and based on his years of experience, he’s well aware of the confusion often surrounding this issue. To help clear up the uncertainties, here are answers to some frequently asked questions about sexual assault.

What is sexual assault?

Sexual assault can be defined as any unwanted sexual, physical, verbal or visual act that forces someone to have sexual contact against their will. Its purpose is to control, humiliate and harm, and some examples include harassment, rape, incest, oral sex, molestation, unwanted touching or forcing someone to pose for pictures against their will.

What is rape?

Rape is a particularly violent form of sexual assault that involves the penetration of someone’s body against their will by another person. It is not a crime of passion but a crime of violence aimed at controlling and degrading the victim. Contrary to the popular belief that it’s committed by strangers, in about 60% of the cases, victims either know or they’re related to the perpetrator of the crime.

What is consent?

Consent is the clear, unambiguous and voluntary agreement between participants to engage in specific activity. To say it another way, consent involves giving your partner a clear “yes,” and consent most certainly is not the absence of a “no.” Further, just because a person has given their consent to an activity one time, does not mean they are consenting to it any time in the future. No one is ever obligated to give consent just because they have in the past.

We hope these answers clear up some of the uncertainties surrounding this issue, and if you think you have been wrongly accused of sexual assault, contact Jesse Hernandez today to arrange an initial consultation.