How to Report Nursing Home Abuse, Career Near Me

How to Report Nursing Home Abuse, Career Near Me

Unfortunately, many elderly adults are abused or neglected in nursing homes. Elderly adults who are physically frail may be unable to stand up to bullying or abuse, and those with dementia may be unable to remember abuse or process the fact that caretakers are being abusive. If you suspect that an elderly loved one is being abused, you have several methods to report nursing home abuse. You can use all of these methods together to cover all the bases, or start with the facility itself and work your way up – keeping in mind that filing a lawsuit is time-consuming and should be a last resort. If you believe the person is in immediate and serious danger, don't hesitate to call 911.


Method 1 Using the Facility's Grievance Procedure.
1. Contact the nursing home. The facility may not be aware of abusive behavior on the part of employees or other residents unless it is notified.
If the facility accepts Medicare or Medicaid, it is required to have a grievance procedure under federal regulations.
There should be information about the facility's grievance procedure in the information you or the patient received when he or she moved into the facility.
You also may want to tell the person's doctor, especially if the doctor is independent from the nursing home. The doctor can help you identify signs of abuse and back up your claims.
2. File your grievance in writing. Although many facilities may allow you to make a complaint over the phone, submitting your statement in writing assures there is a record of your grievance.
If you call and file a verbal grievance, you still should commit the details to writing and send that to the nursing home as well.
Stick to the facts, and be as detailed as possible. Provide dates and approximate times where possible.
If you know the names of nursing home employees who care for the person, or if you suspect someone in particular, be sure to mention that in your grievance.
Focus especially on any evidence you have of the abuse, such as changes in the person's behavior, and bruises or other injuries that can't be explained by accidents or medical conditions.
Make a copy of your grievance before you file it so you have a copy for your records.
3. Talk to a nursing home representative. After you've filed your grievance, you may be contacted by a representative of the nursing home for further information about the abusive behavior.
Typically a representative will speak to you as well as to the adult patient you allege is being abused. You also may receive a written notification of the grievance process.
Be polite and open with the representative, and try not to get angry – it probably won't help you. Maintain a calm, professional demeanor and avoid insulting or lashing out at anybody.
Stress that you want to see the situation resolved, one way or the other. If the facility finds no evidence of abuse, you still need to find out what caused the injuries or suspicious behavior you observed.
4. Receive the results of the investigation. Typically the nursing home will investigate your complaint and provide you with a written report of the facility's findings and actions that were taken.
Expect to learn the results of the investigation within 30 days of the date you submitted your grievance. If you haven't heard anything by that time, contact the nursing home again regarding the situation.
Your notice of the results of the investigation also typically will include instructions on further action you can take if you are dissatisfied with the nursing home's resolution of the matter or if problems continue to occur.

Method 2 Reporting Abuse to a State Agency.
1. Locate the correct Adult Protective Services (APS) agency. Each state has an agency that investigates and responds to complaints of elder abuse.
The scope and power of APS agencies vary greatly from state to state, so once you locate the agency you may want to call and find out what the process is and what the agency can do.
Since nursing homes also must be licensed, your state's licensing board also may have a grievance procedure that you want to use.
If the facility accepts Medicare or Medicaid, it is required by federal law to post the name, address, and phone numbers of state licensing and elder care groups. You can find your state's board and its requirements by searching online for "nursing home licensing board" and the name of your state.
2. File your report. The agency typically will have a form you can fill out to report elder abuse. You may be able to download the form from the agency's website, or you may have to get a paper copy at the agency's local office.
Although it's not necessary to have hard evidence, you should provide as many details as you have and include specific incidents that led you to suspect nursing home abuse.
The report typically will require the name and location of the nursing home, as well as the name and information about the person you suspect is being abused.
You should include any pertinent medical information about the person, especially if he or she has dementia, confusion, or memory loss.
3. Meet with the caseworker. Once your report is received, the case will be assigned to a caseworker who will investigate the facility.
Your report will be screened to determine how serious the threat is, so it may take some time to meet with a caseworker depending on the priority assigned to your case.
If something happens in the meantime or you acquire more information about the abuse, contact APS to find out how you can update your report.
Once you meet your caseworker, he or she will go over the agency's process and how your report will be investigated. You also will receive a general outline of the case plan with estimated time frames when you can expect to hear back.
4. Cooperate with the investigation. You may have to provide further information or assist the caseworker as he or she investigates the allegations of abuse.
The APS caseworker typically will conduct an initial investigation, and may also complete follow-ups or unannounced 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 as necessary to ensure the abuse has ended and the nursing home remains in compliance with any orders.

Method 3 Filing a Lawsuit.
1. Gather information. You will need information about the person being abused and the facility where he or she resides, as well as details about the abuse you believe he or she is suffering.
What type of lawsuit you file will depend to some extent on the type of evidence you have. Nursing home abuse may lead to a personal injury lawsuit against the nursing home in which you allege the nursing home was negligent in hiring the abusive person or in allowing the abuse to continue.
If the person's medication or medical treatment is impacted by the abuse, you also may have a medical malpractice claim.
Nursing homes that accept Medicare and Medicaid must follow federal regulations. Those regulations create the standard of duty the nursing home employees must meet.
Since the patient typically has a contract with the nursing home, nursing home abuse also may constitute breach of contract. Gather any documents or information the patient received when he or she moved to the nursing home.
2. Consult an attorney. An experienced elder law attorney will be best able to assist you in protecting the rights of the abused person.
An experienced attorney will be familiar with any state or federal laws that may be applicable to your situation, as well as other options available.
Many elder law attorneys will take cases on contingency, meaning you don't have to worry about paying the attorney up front.
You also may be able to find free or reduced-cost legal services at your local legal aid clinic or a nonprofit organization dedicated to assisting the elderly.
3. File your complaint. You typically must file a complaint in the civil court of the county where the nursing home is located to initiate your lawsuit.
Keep in mind that the statute of limitations typically is the same as the statute of limitations for personal injury, and can be very short – often only one or two years. After the statute of limitations has passed, you lose the ability to file a lawsuit.
Usually you can file one lawsuit, even if you have several different claims or theories. For example, if you have a breach of contract claim as well as a personal injury claim, you can list both in one lawsuit.
The lawsuit also must be served on the nursing home so it has adequate legal notice that it is being sued. After service, the nursing home has a short period of time, usually 20 to 30 days, to file an answer to your lawsuit.
4. Collect evidence. Work with your attorney to collect documents and other information to support the allegations you set forth in the complaint.
Evidence may include pictures of the patient before, during, and after he or she moved to the nursing home.
You also want to collect any medical records, particularly those that mention unexplained physical injuries or other evidence of abuse.
Request medical records from other medical providers, so you can create a comprehensive list of all the person's doctors, medications, and treatments going back at least five years.
5. Participate in discovery. After the nursing home answers your complaint, you will have the opportunity to request records and information from the nursing home as well as interview nursing home employees and other witnesses regarding the abusive behavior.
Keep in mind that evidence may be difficult to compile and information from the nursing home may be incomplete.
One of your most powerful discovery tools may be depositions. During a deposition, you (or your attorney) interview someone under oath. The questions and answers are recorded by a court reporter, who makes a written transcript of the interview available to both parties.
As part of your lawsuit, you can interview employees of the nursing home, including those you believe are engaging in abusive behavior or are aware of abuse and have not acted to correct or prevent it.
After discovery, your case will either be set for trial or will proceed to mediation. Mediation involves a neutral third party who works with you and the nursing home to come to a mutually agreeable settlement to the claim.

Tips.

Sometimes an elder will refuse services because he or she fears the caregiver will retaliate. However, keep in mind that as frustrating as it may be, an elder adult still has the right to refuse services.
Search for groups in your state that provide assistance for nursing home abuse and other elder care issues by visiting https://www.medicare.gov/Contacts/ and selecting your state from the drop-down menu.
The National Council on Child Abuse and Family Violence also has a listing of elder abuse hotlines available in each state at https://www.nccafv.org/adult-protective-services-numbers.