How Can I Hold a Nursing Home Accountable for Abuse?
Deciding to place your elderly loved one in a nursing home facility is never easy. However, many families know they can no longer provide the care their loved ones need and deserve around the clock. Even though nursing homes do not always treat their residents with care and respect, some families have to put their trust and confidence in the nursing home to supervise, assist, and protect their loved ones at all times.
If a nursing home mistreats or abuses your loved one, they should be held accountable for their actions. Here are seven things that you can do with the help of a nursing home abuse and neglect attorney to protect against this type of abuse. The sooner you talk to an attorney, the sooner you can file a lawsuit against the nursing home so you do not miss the deadline to file – which could potentially result in losing out on compensation for your loved one.
1. Attend or plan a meeting with other families
You can connect with other families when visiting your loved one or ask the nursing home whether they host meetings among residents’ family members. Some nursing homes allow family members to use their space to hold or attend meetings. If this is not an option, you can hold the meeting somewhere else, such as your home, another person’s home, a public library, a coffee shop, or any other public place.
2. Report the abuse to state or local authorities
Do not overlook reporting the abuse to the local authorities. Have a police report created so that the abuse is documented. This document can be helpful to your nursing home abuse attorney. The police report is proof that you officially reported the elder abuse against the nursing home. You should also consider contacting your state’s Department of Social Services or Adult Protective Services about your concerns. Many nursing homes have social workers who work at their facilities. You can choose to go to these individuals regarding the abuse, or you can schedule a meeting with a social worker at the Department of Social Services or Adult Protective Services in your local area.
3. Involve regulatory agencies
No matter where you are located, there are several regulatory agencies that you can involve in and report nursing home abuse to. For example, you may involve your State Department of Public Health, an Ombudsman program, or the Department of Health Care Services. They will likely want to schedule an appointment to discuss the situation in more detail and to determine how they plan to respond and hold the nursing home accountable.
4. Get in touch with federal agencies, advocacy groups, and organizations
If you do not feel like contacting state and local agencies and authorities is enough, you can also get in touch with various federal agencies, advocacy groups, and organizations about the nursing home abuse that your family member has endured. Some examples of federal agencies, advocacy groups, and organizations that may be able to help you hold the nursing home accountable include:
- National Adult Protective Services Association
- S. Department of Justice
- S. Government Accountability Office
- National Center on Elder Abuse
- S. Department of Health and Human Services, Office of Inspector General
- Centers for Medicare & Medicaid Services
- Administration for Community Living
- The National Long-Term Care Ombudsman Resource Center
5. Reach out to the media or public awareness campaigns
Many people read local news articles or watch local channels. Getting your story out can inform your community regarding what your family member has gone through. Doing this can help others steer away from placing their loved ones in the nursing home and help them become aware of the fact that their loved ones may be suffering from abuse as well. Many people do not know what signs to look for or what to do in this type of situation, meaning that your family member’s story could be eye-opening to them. Taking this step also puts pressure on the facility to stop the abuse.
6. Encourage policy changes or increased regulations on nursing homes
It can be very difficult to encourage policy changes or increased regulations on nursing homes. However, to get involved, you must start joining advocacy groups and attending community meetings and conferences where these discussions are held. You will need to ensure that you have a convincing argument supported by facts and evidence of the abuse. You will also need to determine what types of policy changes or increased regulations you would like to see and how you think they would improve conditions for residents.
7. File a lawsuit against the nursing home
One of the most beneficial ways to hold a nursing home accountable for abuse is to file a lawsuit. When you file a lawsuit, you are seeking compensation from the nursing home for the losses your loved one has suffered, such as medical bills, physical therapy costs, psychiatric fees, pain and suffering, diminished quality of life, and more.
At Garcia & Artigliere, our nursing home abuse and neglect attorneys do not accept any excuses for nursing home abuse or neglect of your loved one. If you hire us to assist you, we do everything we can to protect your elderly loved one’s rights, hold the nursing home facility accountable, and fight for the maximum compensation possible. Please call our office or submit our contact form to schedule a free, no-obligation consultation today. We are conveniently located in New Orleans, Los Angeles, Long Beach, and Phoenix.
Stephen M. Garcia represents victims of elder and nursing home abuse and is known as one of the leading civil litigators in the country. He is Senior Partner at Garcia & Artigliere, where the firm’s practice is focused on elder abuse, nursing home abuse, and wrongful death of the elderly.
Find out more about Stephen M. Garcia