What To Do When You Suspect Nursing Home Abuse

Have you seen some suspicious signs at your loved one’s nursing home? Maybe they've become more withdrawn or depressed. Perhaps their room is messy or unsanitary. You may even have seen signs of outright abuse. And even though you did your best to find them a high-quality facility, you're now left questioning your decision. Here’s what to do when you suspect nursing home abuse.

Call the Police for Immediate Danger

If your loved one was physically abused or assaulted, whether by a staff person or another resident, or is otherwise in imminent danger of harm, you should call 911 or the local police department. The authorities may need to investigate whether a crime has been committed or intervene to ensure the residents’ safety. Even if the police don't make an immediate visit, it's important to have your complaint on file for the future.

The Centers for Medicare and Medicaid Services (CMS) define “immediate jeopardy” as “a situation in which noncompliance has placed the health and safety of recipients in care at risk for serious injury, serious harm, serious impairment or death.” Some examples of immediate jeopardy might include:

• Your loved one has a life-threatening injury or illness that isn't being taken care of.
• You see evidence of severe malnutrition or dehydration.
• You see evidence of physical or sexual abuse.
• The facility has hazards that could cause injury, like a fall.
• Conditions are unsanitary and could cause illness.

Document the Abuse or Neglect

It is important to document abuse or neglect as soon you see signs. To prove nursing home neglect or abuse, you can:

• Take video and photographs of any visible wounds, unusual injuries, unsanitary conditions or restraints in rooms.
• Take statements from your loved one as well as any witnesses, such as roommates.
• Request medical records from the facility and nearby hospitals.
• Keep detailed notes including the dates and times of incidents, how you found out about them and anything staff did to fix them.
• Keep notes about things like when the staff cleans the room, feeds your loved one or provides medication.
• Collect financial records like bank statements if you suspect financial abuse.

Under Oklahoma state law, you’re also allowed to put a camera in your loved one’s room. However, keep in mind that you’ll need to notify the nursing home. If you already suspect abuse, make sure you also have the above documentation, as the staff may be on their best behavior once they know they're being recorded.

Talk to Those Involved

If your loved one is able to have a conversation, speaking with them is one of the best ways to get more information about what may be going on. It will also allow you to gauge whether the nursing home is covering something up. If staff are defensive or want to be involved in the conversation you are having with your loved one about what happened, that is a big red flag.

You should consider speaking with the nursing home administrator. If you've only seen minor signs of neglect, and you're comfortable doing so, you can approach the nursing home staff with your concerns. They may be able to fix the issue and may also appreciate the opportunity to report any involved staff themselves. However, if you see major signs of abuse or if the nursing home doesn't take action, go straight to the next step.

Report the Nursing Home

If you suspect severe neglect or abuse, report the nursing home right away. Ensuring their safety and the safety of other residents is the highest priority, and even without detailed documentation, the Oklahoma Department of Health can still conduct an investigation based on you and your loved one’s testimony. The Department of Health Long-Term Care Services Division handles complaints via email at [email protected] or phone at 1-800-747-8419.

Provide all the details you have about each incident. The Department of Health will investigate your complaint with an unannounced visit, provide a report about what they find and give the facility a chance to fix any violations. They can return for follow-up visits, conduct random visits throughout the year and even shut down facilities in serious situations. Throughout this process, your complaint will remain anonymous. This anonymity helps officials ensure that conditions meet rigorous standards.

Remove Your Loved One

Relocating your loved one to a new long-term care facility or to home care can be tough for them. They've probably made friends and gotten into a good routine. However, if the abuse or neglect is severe or if the facility isn’t taking steps to address your concerns, removing your loved one from the situation is your best option.

If the facility is covered by health insurance or Medicare, you may run into obstacles when it comes to transferring, but most providers do have exceptions. For example, Medicare allows transfers if they're required for “welfare, health or safety.” The facility you want to transfer to may have a waiting list, so get started on the process as soon as you can.

Contact an Attorney

While reporting nursing home abuse and neglect to the proper authorities is essential, it's also important to know your legal right to compensation. Economic damages include things like medical bills, travel expenses and loss of wages if you had to take time off work to care for a loved one. Non-economic damages include compensation for physical and psychological consequences like pain and suffering, disabilities and disfigurement.

If you've completed the steps above and you’re still wondering what to do when you suspect nursing home abuse, contact an experienced attorney like the GT Law Firm. We can help you prove nursing home abuse and neglect in court and get you the compensation you and your loved ones deserve. Get your free case evaluation today.