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What Actions to Take if You Suspect Abuse / Neglect

Filing a Complaint

It is usually best to file complaints in writing and to keep copies of all correspondence.
Following are some tips for what to include in a complaint letter:

1. Provide very specific information in your complaint as to what occurred,
    including times and dates when problems occurred when possible, names
    and addresses of witnesses, etc.
2. If the problem caused the resident to receive medical treatment, provide details
    and indicate where the medical treatment occurred and the names of any treating
    doctors.
3. Note whether you made a complaint to the nursing home staff. If so, indicate
    when and with whom you spoke to and what the response/results were.
4. Detail what action you want taken.
5. If there are specific laws that you believe are being violated, explain which law.
6. Note whether the problem was an isolated incident or is ongoing and whether it affects more     than one resident.
7. If the resident was injured in any way, consider talking to one of our attorneys who specializes in     personal injury law.

State and federal agencies are obligated to investigate complaints filed by, or on behalf of, nursing home residents. Complaints regarding nursing home residents, administrators and staff can be filed with the Department of Public Health. Complaints regarding the Department of Public Health or about nursing homes can be filed with the federal Centers for Medicare and Medicaid Services. These agencies have the right to fine nursing homes and their staff, to revoke licenses and to impose other penalties for violations of the residents' rights. Complaints alleging "jeopardy" to a resident are supposed to be investigated within two days. Other complaints are investigated "as time permits" and this may take several months. The Department of Public Health issues written acknowledgment of complaints and contacts the complainant during the investigation. The complainant also receives a copy of the investigational report. If violations or deficiencies of federal or state law are identified, the nursing home must submit a plan for corrective action. The Department of Public Health may also order corrective action impose sanctions including fines and license suspension or revocation.

Your complaint letter should specify what corrective action you feel needs to be taken, such as requesting a Department of Health order requiring the home to provide additional staff. Specifically note if you believe the resident is in "jeopardy" of physical or mental harm if immediate corrective action is not taken and state what future harm may occur.

Legal Procedures

While laws regulating the standard of care for elder care facilities may vary state to state, almost every state recognizes certain injuries to be indications of nursing home abuse and negligence, violating the rights of and causing harm to the resident.

One of your remedies is to take private legal action against the nursing home in state court. Each state has a different set of laws, but the most common suits are for abuse and neglect or wrongful death. Some states also have unfair business practice laws that allow any individual to sue, but usually without much compensation. If your state has an effective unfair business practice law, your attorney may use it along with a neglect and abuse or wrongful death case to get remedial action. If you suspect a loved one may be in danger in a nursing home, call an experienced attorney. It won't cost you anything to discuss your concerns, and you may decide that moving forward with a claim of abuse or neglect is your best option. Don't let your loved one suffer at the hands of an unethical nursing home.

Nursing homes exist in order to furnish care for people who are unable to care for themselves. When a nursing home fails to fulfill its duty of care, it may be held responsible for injuries caused to the victim of poor care. Because nursing home occupants generally have other serious health problems which necessitated nursing home care to begin with, they are more vulnerable to sustaining injury than are healthy people. Whenever there has been a noticeable change in the appearance, general health or behavior of the nursing home resident, it is appropriate to make a complete inquiry and to document completely what is observed. This may include taking names of all staff, taking photographs and videos and notifying authorities and all medical care providers of the observations. It is important to seek legal counsel immediately, since any injuries may be life threatening and the victim's ability to participate in the investigation may be severely impaired.

If the resident is of sound mind - has not been declared incompetent- the resident is the primary person to file a nursing home abuse lawsuit against the healthcare facility for the substandard care received. If the resident is not of sound mind, a family member or close friend or person with Power of Attorney may file the suit on the resident's behalf.

If the resident is deceased, a family member, such as a spouse or child, may file a lawsuit for the wrongful death of a resident.

It is important to keep in mind that each state has a statute of limitations which restricts the amount of time a person has to file a nursing home lawsuit. Retaining the services of a qualified and experienced legal professional is a crucial aspect to filing a nursing home lawsuit. One of our experienced attorneys can evaluate the facts of your case to determine your legal rights and options in a nursing home lawsuit. Our attorneys know the laws applicable to your case and can protect and maximize your interests.