How to Report Nursing Home Abuse

Nursing home abuse causes physical, emotional, and psychological harm to elderly residents who trust and depend on nursing home staff. Their vulnerability makes them more susceptible to various forms of abuse.

If you suspect nursing home abuse, you must report this abuse immediately and remove them from danger. If you’re unsure how to proceed, call our law firm immediately.

When reporting nursing home abuse, what you put in your report will help agencies and law enforcement take the appropriate actions. When creating a detailed report, include the following information:

• Your loved one’s name and contact information
• The name and contact information of the nursing home where the abuse occurred
• Type of abuse suffered and details about the abuse you’re reporting
• Dates of the abuse
• The names of any witnesses
• Any other relevant information that can help in the investigation, such as previous incidents or complaints of abuse, and any medical or physical evidence of abuse

By providing this information, the authorities can investigate the abuse thoroughly and take appropriate action to ensure the safety and well-being of the victim.

If you suspect nursing home abuse, it’s important to report it to the appropriate authorities as soon as possible. If you are unsure of where to report the abuse, just call our law firm, and we will help you through this process. Our lawyers know where to file reports and can take this burden off your shoulders, so you can focus on your loved one.

Here are the people and agencies where you can report nursing home abuse:

• State Agencies. Every state has an agency tasked with investigating and regulating nursing homes. This agency is often called the Department of Health or the Department of Aging. Contact your local health department for assistance reporting nursing home abuse to the appropriate state agency.
• Law Enforcement Agencies. You must report abuse to your local law enforcement agency when a crime has been committed. Law enforcement agencies have the power to investigate criminal activity and can arrest perpetrators. Criminal acts like financial abuse might result in an arrest for embezzlement or fraud, while physical abuse might warrant an arrest for assault and battery.
• Ombudsman Programs. Ombudsman programs advocate for residents of nursing homes and other long-term care facilities. They provide information about the resident’s rights and help resolve disputes between residents and nursing home staff. To report nursing home abuse to the ombudsman program, call the National Long-Term Care Ombudsman Resource Center at 1-800-677-1116.
• Long-term Care Ombudsman Programs. Long-term care ombudsman programs are similar to regular ombudsman programs, but they are specifically designed for residents of long-term care facilities. Long-term care ombudsmen can help residents resolve complaints and investigate abuse or neglect incidents. To report nursing home abuse to the long-term care ombudsman program, you can contact your state’s ombudsman office.
• Adult protective services agencies. Adult protective services agencies are responsible for investigating allegations of abuse, neglect, or exploitation of vulnerable adults. To report nursing home abuse to adult protective services, contact your state’s agency or the Eldercare Locator at 1-800-677-1116.
• Professional licensing boards. Licensed professionals, including nurses, doctors, and social workers, staff nursing homes. If you suspect a licensed professional has engaged in abuse or neglect, you can report the abuse to their professional licensing board. Search online or contact your state’s health department to find the appropriate licensing board.

As a victim of nursing home abuse, your loved one has several legal options. To explore those options best, call Rainwater, Holt & Sexton to meet with us for a free initial consultation. We can review your case and the details of the abuse or neglect to help you determine the best legal action for you and your family.

Types of Legal Claims

Depending on the specific circumstances of the abuse or neglect, different legal claims may be available to you and your family to seek compensation and justice for the harm caused.

Personal Injury Claims

When a nursing home resident gets hurt due to the negligence or intentional acts of staff or administrators, they can file a personal injury claim. Negligence can take many forms in a nursing home setting, including failure to provide adequate supervision or assistance, neglect of basic hygiene needs, and inadequate staffing levels.

Types of personal injury claims that may arise from nursing home abuse and negligence:

• Wet floors, poor lighting, or cluttered walkways can all cause serious injuries and accidents. If a resident falls due to a lack of supervision or assistance, they may be able to file a personal injury claim.
• Bedsores, also known as pressure ulcers, can develop when a resident is not turned or repositioned frequently enough, leading to prolonged pressure on the skin. If a nursing home fails to provide adequate care to prevent bedsores, it can be held liable.
• Malnutrition or Dehydration. Nursing home staff have a duty to ensure that residents receive proper nutrition and hydration. When they fail to do so, either because of neglect, understaffing, or inexperienced staff, your loved one may suffer serious and life-threatening injuries.
• Unfortunately, nursing home residents may be physically, sexually, or emotionally abused by staff or other residents. If they suffer abuse in a nursing home or long-term care facility, our injury law firm can help them recover damages for their suffering by filing a personal injury lawsuit or claim.

Medical Malpractice Claims

Medical malpractice claims can arise when a nursing home resident suffers an injury due to a healthcare provider’s negligence. Healthcare providers have a duty to provide a certain standard of care to their patients, and when they fail to meet this duty, patients may suffer harm and may have legal grounds to file a medical malpractice claim.

Types of nursing home incidents that could result in a medical malpractice claim include:

• Inadequate staffing. Nursing homes should provide special medical care and attention to their elderly residents. But sadly, many nursing homes don’t have enough staff to care for their patients properly. Shockingly, up to 95 percent of all nursing facilities in the US are understaffed, according to the Centers for Disease Control and Prevention (CDC). When nursing homes don’t have enough staff, it can cause serious harm and injuries to elderly patients and residents who live there.
• Misdiagnosis or Delayed Treatment. Nursing home residents may suffer harm if they do not receive an accurate diagnosis or timely treatment for medical conditions. For example, you might file a medical malpractice lawsuit if your loved one fell and suffered a fractured hip but did not receive medical attention for several hours.
• Medication Errors. Medication errors are a leading cause of nursing home injury. When patients and residents are given the wrong medication or dosage, it can have severe health consequences.

Wrongful Death Claims

When a loved one dies due to abuse or negligence in a nursing home, the family may file a wrongful death claim or lawsuit holding the responsible parties accountable. This might include nursing home caregivers, staff, administrators, or the nursing home itself.

To file a wrongful death claim, family members typically need to demonstrate that the nursing home breached its duty of care and that this breach caused the resident’s death.

Examples of breach of duty of care could include failing to provide adequate medical care, prevent falls or injuries, or supervise or train staff adequately. It may also include intentional abuse or neglect, such as physical or emotional abuse, neglect of basic hygiene or nutrition, or failure to address medical issues.

As a caregiver or family member, your main concern is their health and well-being. If you want to support your loved one after suffering nursing home abuse, you can do this in several ways.