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Negligence in nursing homes is a grave matter, tremendously impacting the physical, emotional, and financial well-being of elderly residents. If you think your loved one is being neglected or abused in a nursing home, it is critical to act quickly and legally to make things right.
However, it is equally critical that you take the proper action, as doing the wrong thing could jeopardize your legal claim or even put your loved one in further danger. And while the advice offered today may be sound, each case is unique and your specific actions should always be determined with the help of a trained and experienced legal expert.
And if you’re seeking that type of help, keep in mind that The Steele Law Firm handles nursing home abuse law. Here are the essential legal steps to take when you suspect a nursing home is being negligent.
Recognizing The Signs Of Negligence
Identifying potential signs of negligence is an important first step before taking any legal actions. These signs may include:
● Bruises, fractures, and other unexplained injuries
● Decubitus ulcers or decubiti
● Pressure sores
● Inadequate personal cleanliness and/or unclean living area
● Poor nutrition or dehydration
● Withdrawal, fear, or depression
● Abrupt changes in medication
● Unexplained financial transactions
If you see any of these signs, you should keep a detailed record of them and think about consulting an elder abuse attorney ASAP.
Gather Evidence
It is very important to obtain strong evidence when you are trying to prove negligence. You might gather such evidence as:
● Photographs and Videos: Photograph or video any injuries, unsafe conditions, or any other observations that raise concerns.
● Medical Evidence: Obtain medical reports, prescriptions, and any other documentation concerning hospital visits.
● Testimony of Witnesses: Speak with other residents, relatives, or workers who might have noticed neglect.
● Keep Notes: Maintain a personal record of events, interactions with staff, and dates for future reference. This can be used to create a timeline of significant events.
● Authorized Documentation: Ask for copies of care plans, incident reports, and complaints filed in the facility.
Report The Negligence To Nursing Home Management
Prior to taking legal action, inform the nursing home administrator or manager of your concerns. Most facilities have internal methods for processing complaints. Keep track of whom you speak with, the date, and their reply.
You may need to resort to legal means if the center does not solve your problems quickly and satisfactorily. If it becomes necessary for you to contact and attorney, The Steele Law Firm handles nursing home abuse law.
File A Complaint With Regulatory Agencies
When internal reporting does not result in improvements, think about using the complaint process with state and federal agencies, such as these listed below:
● State Health Department: Most states have regulatory agencies that supervise nursing homes and look into complaints.
● Adult Protective Services: APS investigates elder abuse and neglect cases.
● Centers for Medicare & Medicaid Services: If a facility gets federal funds, the agency can intervene.
● Ombudsman Program: Each state has a Long-Term Care Ombudsman who stands up for the rights of residents and investigates complaints.
If You Believe Your Loved One Has Been Mistreated Remember, Steele Law Firm Handles Nursing Home Abuse Law
If you think that a nursing home is being negligent, you need to act right away to protect your family member and to make the home and people who run it accountable. Signs of neglect may not be easy to see, and the home may resist your questions and concerns.
It is crucial to document any evidence you find of neglect, to tell the right people about the problem, and to get good legal advice. You may ultimately end up having to sue the home. At the very least, advocating for your family member and taking action against the neglect can result in changes to make the home safer and better.
