Many elderly adults are neglected in nursing homes.Elderly adults who are frail may not be able to stand up to abuse, while those with dementia may be unable to remember abuse.If you suspect that an elderly loved one is being abused, there are several ways to report it.Keeping in mind that filing a lawsuit is a last resort, you can either use all of these methods together or start with the facility and work your way up.Don't hesitate to call the police if you think the person is in danger.
Step 1: Call the nursing home.
Unless it is notified, the facility may not be aware of abusive behavior by employees.Under federal regulations, if the facility accepts Medicare or Medicaid, it must have a grievance procedure.When a patient moves into a facility, he or she should be given information about the facility's grievances procedure.If the doctor is independent from the nursing home, you may want to tell them.The doctor can help identify signs of abuse.
Step 2: Write down your grievances in writing.
Although many facilities will allow you to make a complaint over the phone, you should submit your statement in writing.If you call and file a verbal complaint, you should send the details to the nursing home as well.Stick to the facts.Where possible, provide dates and times.Mention the names of nursing home employees who care for the person in your complaint.If you have evidence of abuse such as changes in the person's behavior and injuries that can't be explained by accidents or medical conditions, focus on it.You should make a copy of your grievances before you file them.
Step 3: You can talk to a nursing home representative.
You may be contacted by a representative of the nursing home after you file your grievances.A representative will speak to you as well as the adult patient you say is being abused.You can get a written notification of the process.It probably won't help you if you get angry with the representative.Don't insult or lashing out at anyone.You want to see the situation resolved one way or the other.If there is no evidence of abuse, you need to find out what caused the injuries or suspicious behavior you observed.
Step 4: The results of the investigation will be given to you.
The nursing home will usually investigate your complaint and give you a report of the findings and actions taken.The results of the investigation will be known within 30 days.Contact the nursing home again if you haven't heard anything by that time.Instructions on further action you can take if you are dissatisfied with the nursing home's resolution of the matter are included in your notice.
Step 5: Find the correct Adult Protective Services agency.
Each state has an agency that deals with elder abuse complaints.The scope and power of the agencies varies greatly from state to state, so you may want to call the agency to find out what they can do.Since nursing homes must be licensed, your state's licensing board may have a procedure you want to use.The name, address and phone numbers of state licensing and elder care groups are required by federal law if the facility accepts Medicare or Medicaid.You can find your state's board by searching online for "nursing home licensing board".
Step 6: Do you want to file your report?
You can fill out a form to report elder abuse.You can download the form from the agency's website, or you can get a paper copy at the local office.It's not necessary to have hard evidence, but you should give as many details as you can and include incidents that led you to suspect nursing home abuse.The name and location of the nursing home will be included in the report.If the person has dementia, confusion, or memory loss, you should include any relevant medical information.
Step 7: Meet the caseworker.
The case will be assigned to a caseworker once your report is received.It may take some time to meet with a caseworker depending on the priority assigned to your case, as your report will be screened to determine how serious the threat is.You can update your report if something happens in the meantime or you get more information about the abuse.When you meet your caseworker, he or she will explain the agency's process and how your report will be investigated.When you can expect to hear back, you will receive a general outline of the case plan with estimated time frames.
Step 8: Take part in the investigation.
As the caseworker investigates the allegations of abuse, you may have to provide further information.An initial investigation is conducted by the caseworker, as well as follow-ups or visits.Keep in mind that the caseworker cannot proceed without permission from the nursing home patient, so make sure you are talking to him or her throughout the process and that he or she is willing to allow the investigation to go forward.After the initial investigation and report, the agency may continue to monitor the situation to make sure the abuse has ended and the nursing home remains in compliance with any orders.
Step 9: Information should be gathered.
Information about the person being abused and the facility where he or she resides will be required.Depending on the type of evidence you have, the lawsuit you file will be different.You can file a personal injury lawsuit against the nursing home if you believe it was negligent in hiring the abusive person or allowing the abuse to continue.You may have a medical malpractice claim if the abuse impacts the person's medication or medical treatment.Medicare and Medicaid must be followed by nursing homes.The standard of duty for nursing home employees is created by those regulations.The patient usually has a contract with the nursing home.When the patient moved to the nursing home, get any documents or information he or she received.
Step 10: Don't hesitate to consult an attorney.
An elder law attorney can help protect the rights of the abused person.Any state or federal laws that may be applicable to your situation, as well as other options, will be familiar to an experienced attorney.You don't have to worry about paying the attorney up front because many elder law attorneys will take cases on contingency.You can find free or reduced-cost legal services at your local legal aid clinic.
Step 11: You can file a complaint.
You need to file a complaint in the civil court of the county where the nursing home is located.The statute of limitations for personal injury can be as long as two years, but it is the same as for other types of injuries.You can't file a lawsuit after the statute of limitations has passed.Even if you have many different claims, you can usually file one lawsuit.If you have a personal injury claim as well as a breach of contract claim, you can list both in one lawsuit.The lawsuit must be served on the nursing home in order for it to be sued.The nursing home has a short period of time to respond to your lawsuit.
Step 12: There is evidence to collect.
To support the allegations you have made in the complaint, you should work with your attorney to collect documents and other information.There are pictures of the patient before, during, and after he or she moved to the nursing home.You want to collect any medical records that mention unexplained physical injuries or evidence of abuse.You can create a comprehensive list of the person's doctors, medications, and treatments if you request medical records from other medical providers.
Step 13: You can participate in discovery.
After the nursing home answers your complaint, you can request records and information from the home as well as interview employees and witnesses about the abusive behavior.Evidence and information from the nursing home may not be complete.Depositions are one of the most powerful discovery tools.You interview someone under oath during a deposition.A written transcript of the interview is made available to both parties.You can interview employees of the nursing home if you believe they are engaging in abusive behavior or aware of abuse.After discovery, your case will either be set for trial or mediation.A neutral third party works with you and the nursing home to come to a mutually agreeable settlement.