Difference between revisions of "Protecting and Enforcing Rights in Residential Care"
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===Complaints that rights have been violated=== | ===Complaints that rights have been violated=== | ||
If a resident believes that his or her rights have been violated, the resident (or a person acting on his or her behalf) may submit a complaint under the Patient Care Quality Review Board Act. These will be treated as care quality complaints. | If a resident believes that his or her rights have been violated, the resident (or a person acting on his or her behalf) may submit a complaint under the Patient Care Quality Review Board Act.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|146]]) These will be treated as care quality complaints.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|147]]) | ||
===Protection for persons in care=== | ===Protection for persons in care=== | ||
The Residents’ Bill of Rights prohibits an Operator from retaliating against the resident because of a complaint made under the CCALA and Regulations, or made under the Patient Care Quality Review Board Act. They cannot “evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a [resident] because of a complaint made in relation to the [resident]. | The Residents’ Bill of Rights prohibits an Operator from retaliating against the resident because of a complaint made under the CCALA and Regulations, or made under the Patient Care Quality Review Board Act. They cannot “evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a [resident] because of a complaint made in relation to the [resident].([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|148]]) | ||
===No right to sue=== | ===No right to sue=== | ||
As previously noted, there is no independent right of action or right of compensation based only on a violation of a resident’s rights under the Bill. However, it remains important evidence of legal duties owed by the operator, staff and health authorities to the resident | As previously noted, there is no independent right of action or right of compensation based only on a violation of a resident’s rights under the Bill. ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|149]]) However, it remains important evidence of legal duties owed by the operator, staff and health authorities to the resident or residents. | ||
Revision as of 22:15, 3 July 2014
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This page is under development. |
Complaints that rights have been violated[edit]
If a resident believes that his or her rights have been violated, the resident (or a person acting on his or her behalf) may submit a complaint under the Patient Care Quality Review Board Act.(146) These will be treated as care quality complaints.(147)
Protection for persons in care[edit]
The Residents’ Bill of Rights prohibits an Operator from retaliating against the resident because of a complaint made under the CCALA and Regulations, or made under the Patient Care Quality Review Board Act. They cannot “evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a [resident] because of a complaint made in relation to the [resident].(148)
No right to sue[edit]
As previously noted, there is no independent right of action or right of compensation based only on a violation of a resident’s rights under the Bill. (149) However, it remains important evidence of legal duties owed by the operator, staff and health authorities to the resident or residents.
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014. |