Here’s What To Do if You Suspect Nursing Home Neglect
The decision to place a loved one in a nursing home is oftentimes a complex one. It comes with this unspoken trust that they will receive the care and attention they deserve from the nursing facility, along with assurance that it is a safe place. Nursing homes promise that health, well-being, and dignity are prioritized and kept intact. These care facilities vow that staff provides a level of care you might not be able to offer at home.
Unfortunately, the reality is that this trust can be violated by neglect and other forms of elder abuse in nursing homes. Sadly, elder abuse is more common than one might think. Discovering that a loved one has been subjected to neglect or abuse can have a serious emotional impact on families.
Feelings might include anger, betrayal, or guilt, along with the frustration that comes with navigating the complexities of long-term care. The emotional toll can strain relationships, sometimes permanently. Families might experience distress and anxiety while grappling with the reality of the situation and seeking ways to address it.
Recognizing the Signs of Neglect and Abuse
Understanding the signs of neglect and elder abuse is often the first step in protecting loved ones from potential harm. These signs might be physical and easily identifiable, such as unexplained injuries, bedsores, or a decline in hygiene. However, the signs may also be hidden, like bruises or other injuries in locations often covered by clothing.
Beyond those are the psychological signs, including sudden changes in mood or behavior, withdrawal, or a newfound fear of caregivers. Environmental cues like poor hygiene, unsafe living conditions, or a lack of basic amenities can further signal a problem.
One possible way to minimize the chances of harm is by visiting loved ones often, even if it’s just a short visit. Take time to get to know the staff taking care of the individual, and make sure they are aware of your presence. It’s important for families to become advocates, and ensure their voices are heard and their concerns are addressed.
“Elders are particularly susceptible to abuse, as they are generally less able to care for themselves and enforce their rights,” reports attorney Stephen Shamberg. “In such cases, the assistance of an experienced neglect and elder abuse attorney is pivotal.”
Seeking Professional Advice
If you suspect that someone might be experiencing abuse or neglect within a nursing home, seeking out professional advice from a lawyer may be an essential step. There is a complex legal landscape surrounding nursing home care that includes both state and federal regulations designed to protect residents.
It can be confusing and overwhelming, and a professional opinion can help make sense of it all, but you’re not alone. Reaching out to legal representation in your state can help. For example, if you’re in Pennsylvania, an Allentown nursing home abuse lawyer could be in a good position to offer state-specific advice.
Laws such as the Nursing Home Reform Act set some standards of care and rights for residents. However, enforcing these rights and holding facilities accountable is complicated and requires some expertise. Taking action against a nursing home involves proving that the facility failed in its duty of care, leading to harm. This process requires gathering evidence, including medical records, witness statements, expert testimony, and, of course, hiring a legal advocate.
The Role of Legal Advocates and Taking Action
Legal advocates, like a nursing home abuse lawyer in Bethlehem, can play a large role in addressing nursing home negligence. They’re skilled at providing a voice for those who may be unable to advocate for themselves and challenge facilities to uphold their obligations and seek justice.
Advocates not only seek compensation for the actual harm caused but also aim to drive systemic changes within facilities. The lawsuits filed by these advocates can potentially result in court orders requiring nursing homes to make specific improvements in care procedures, staffing levels, and facility management. If you think you need to take legal action, there are some steps that could improve the outcome of a case.
Documenting Abuse in Nursing Homes
Start with documenting everything. It’s important to take clear, date-stamped photos or videos of any visible signs of neglect such as injuries, bedsores, malnutrition, or unsanitary living conditions. This could provide compelling evidence of negligence. It’s also helpful to keep a journal or log of detailed notes regarding your loved one’s condition and any other incidents that may raise concerns.
Document the date, time, nature of the incident, and any conversations with staff regarding these concerns. Don’t be afraid to include specifics such as the names of involved staff members, the resident’s complaints (if they are able to communicate), and any excuses or explanations given by the staff.
Request copies of medical records and keep a list of medications prescribed to your loved ones, including dosages and schedules. When possible, note any discrepancies or irregularities in medication administration or health care services provided and try to take any witness statements if available. (We have more information on events like falls with no witnesses.)
Understanding Residents’ Rights
One significant step is to double-check you fully understand the rights of people in a nursing home. These rights are protected under federal and state laws and are designed to promote the well-being of residents in long-term care settings.
Residents have the right to receive respectful, competent care that meets their individual needs, irrespective of their age, gender, ethnicity, or health condition. This includes the right to be treated with dignity and be free from abuse, neglect, and exploitation.
Privacy and confidentiality in personal care, communications, and medical records are also guaranteed, alongside the right to retain personal possessions, when allowed by guiding legislation. These help underscore the residents’ autonomy and personal space. Social and religious freedom within nursing homes ensures residents can engage in community activities and religious practices, reflecting the facilities’ commitment to supporting diverse needs and preferences.
Additionally, the right to raise grievances without fear of retaliation empowers residents and their families to voice concerns and have them addressed promptly, reinforcing the accountability of nursing home administrators. If you have questions, reach out to an Easton nursing home abuse lawyer or one in your area if you think you’ve witnessed abuse.
Report Neglect Using the Facility’s Complaint Process
Following the nursing home’s formal complaint process to report neglect is another necessary step in getting the issue officially recognized. This structured approach ensures that the complaint is officially documented within the facility’s system and obligates them to respond.
Start by requesting a copy of the nursing home’s complaint procedure, which should outline the steps to file a complaint, whom to contact, and what to expect after filing. Understanding this process can help you follow the correct protocol so your complaint is taken seriously.
Compile a detailed account of the neglect, incorporating any evidence you’ve gathered, such as photos or videos, detailed notes, and records of changes in an individual’s condition. Submit the complaint in writing to the designated department specified in the complaint process. Date your submission and keep a copy for your records.
Don’t forget to follow up regularly, noting any dates and responses received. If you feel the response from the nursing home is unsatisfactory, it could be time to escalate the complaint. This may mean involving higher-level management within the facility or seeking guidance from a legal advocate.
Report To State Agencies
In addition to utilizing the nursing home’s complaint process, you also have the option to report suspected abuse or neglect to state authorities. For immediate assistance and to formally report your concerns, you can call the Statewide Elder Abuse Hotline at 1-800-490-8505 (for Pennsylvania). This hotline is staffed by professionals trained to handle reports, offering a direct line to state resources and intervention.
Most states have an Area Agency on Aging that provides assistance and advocacy for older adults, and you can find your local agency through a locator available at Aging.pa.gov. These agencies can offer guidance, support, and resources for addressing neglect and abuse in nursing homes. Agencies might also be able to assist in the complaint process.
Engage With Elder Advocacy Groups
Engaging with advocacy groups dedicated to elder care is another strategy for people dealing with suspected nursing home neglect. Elder care advocacy groups have extensive knowledge and experience in dealing with issues of neglect within nursing homes. They can provide expert advice on how to navigate the complaint process, what kind of documentation is needed, and how to effectively communicate concerns.
Many of these groups offer educational materials that can help families understand the rights of nursing home residents, recognize signs of neglect, and learn about the legal and regulatory framework that protects the elderly in care facilities. While this can all be an emotionally taxing ordeal, many advocacy groups often offer support services, including counseling and groups. There, you can share experiences and learn from others who have faced similar situations.
Taking Legal Action
If these efforts don’t yield satisfactory results or if the severity of the situation demands immediate intervention, consider seeking specialized assistance as soon as possible. In such cases, reaching out to an experienced legal team like the attorneys at Cohen, Feeley, Altemose & Rambo can make a significant difference.
Professionals in this field can help guide you through the complexities of the judicial system and advocate on their behalf to ensure their loved one’s rights are protected. Our professionals are deeply familiar with the rights of nursing home residents, protected under both federal and state laws. They can offer detailed guidance on these rights, the nature of violations, and the available remedies.
One aspect of pursuing legal action typically involves a thorough investigation of the alleged negligence, where your attorneys can play a pivotal role. They have the expertise and resources to conduct in-depth investigations. Elder abuse attorneys are usually familiar with collecting evidence such as medical records, eyewitness statements, expert testimonies, and any documentation related to the facility’s history of violations.
This data could be the backbone of the case, ensuring it is built on a solid foundation. Negotiation often serves as the initial phase, where your legal team engages nursing homes and their insurance companies on behalf of the affected individuals.
Their goal is to achieve a notable settlement without resorting to a trial, utilizing their negotiation skills and comprehensive understanding of elder law to secure favorable outcomes for their clients. If negotiations do not result in a sufficient settlement, litigation may become necessary. In those cases, an elder law attorney could represent the family in court, present the case, and argue on the resident’s behalf.
Advocating for a Safer Future
Through legal action, families may obtain compensation for the harm suffered. This can encompass reimbursement for medical expenses and compensation for pain and suffering. In some cases, punitive damages can penalize the facility for misconduct. Taking action can also lead to court mandates requiring the facility to implement changes in policies, practices, or staffing to prevent future incidents.
Usually, challenges against nursing homes often highlight larger systemic problems within the long-term care system. Such advocacy can result in regulatory reviews and the implementation of better care systems. Attorneys specializing in elder law abuse and neglect not only seek justice for their clients but also push for widespread changes to improve care standards across the industry, contributing to a safer, more compassionate environment for all nursing home residents.
Some Final Thoughts
Navigating this process can be an emotionally charged and daunting journey, but taking the right steps and seeking professional advice can make the journey more manageable. It requires a deep understanding of the rights afforded to residents and their families and a commitment to raising awareness.
The discovery of neglect can shatter the trust placed in a facility and prompt difficult feelings but try and remember that you are not powerless in this situation. By recognizing the signs, documenting concerns meticulously, utilizing formal complaint processes, and reporting signs of neglect to the appropriate authorities, families can initiate crucial steps toward addressing these serious issues.
If you or someone you love has suffered due to nursing home or long-term care facility neglect, remember that you are not alone and have resources at your fingertips. Unfortunately, millions of older Americans are subjected to mistreatment each year, prompting a need for advocacy and legal recourse.
If you think you or a loved one has been injured as a result of long-term or nursing home abuse or neglect, don’t hesitate to reach out for support. Call us at (610) 625-2100 to schedule your free consultation. Together, we can strive for a future where every nursing home resident receives the care, respect, and dignity they deserve.
Sources:
Report Elder Abuse | Pennsylvania Department of Aging
Home | Pennsylvania Department of Aging
Spotting the Signs of Elder Abuse | National Institute on Aging