Nursing Home Litigation

If You Suspect

Sometimes nursing home residents or their families don't know how to deal with abuse and neglect that may occur in the nursing home. Some residents think they must defer to the authority of the nursing and administrative staff. Others don't want to cause trouble for anybody, or they don't want to be seen as a complainer. Many elderly residents believe that no one will listen if they voice their complaints, or they may fear retaliation.

It is a violation of the law for any person, including facility staff, volunteers, visitors, family members or guardians, or another resident, to neglect or abuse a nursing home resident. Anyone with knowledge of neglect and abuse should report it; in fact, in many states, failure to report abuse or neglect is against the law.

If you suspect abuse or neglect, or if an elderly resident tells you he has been neglected or abused, it is important to heed the accuser or your own suspicions and report the allegation immediately. Determine who has the knowledge and authority to respond to your concern . For example, if you are concerned about elderly patient care, speak to the charge nurse or the director of nursing . If the problem involves meals or nutrition, speak to the dietary supervisor . Try to resolve the problem at the lowest possible level with the person who has responsibility for your area of concern.

If the staff fails to respond to your concerns of abuse or neglect, speak to the administrator of the facility. The administrator manages the nursing home and has the authority to direct the staff to resolve problems.

If your verbal report to the nursing home administrator does not receive a satisfactory response, report the abuse or neglect in writing. Include the name of the patient, the date and time of the abuse and where it occurred, names of staff and witnesses, what happened, and how the elderly patient was injured. Keep a copy of the report, and give copies to any or all of the following:

• The nursing home's administrator, director of nursing, and social worker
• State adult protective service agency
• Local or state ombudsman for nursing home care
• Health Department or other agency responsible for nursing home oversight
• Local or state law enforcement

After making your report, frequently check with the nursing home patient to ensure that no further abuse has occurred. Ask the investigating person or agency to give you a copy of investigation findings.