Reporting Abuse in Nursing Homes: The Whys and the Hows

People don’t quite realize it, but abuse in nursing homes isn’t something that happens rarely. Quite the opposite, actually. If you haven’t given this much thought, this fact can leave you flabbergasted because, aren’t nursing homes supposed to be safe? Shouldn’t the people there be taken care of? The answer to both those questions is yes – in theory. But it’s kind of like saying all politicians should be moral, ethical, and work for the good of the country. It should be like that, but that doesn’t mean it is.

The elderly in nursing homes without families suffer the most. That’s because the vast majority don’t or can’t complain. Sometimes due to fear, and sometimes they’re waiting for someone else to take action.

Reporting abuse might set you outside your comfort zone, or in some situations it may seem a bit harsh, of course. But letting abuse go on is much, much worse. In this article, you’ll see how to recognize signs of abuse and how to report everything. 

How to Recognize Signs of Abuse

If you have a family member in a nursing home, the best thing that you can do for them is to visit on a regular basis, so you’re able to act as soon as you see something is off. Of course, there may not be anything to act on and your loved one might be perfectly happy and safe.

There’s two forms of signs of abuse: physical and non-physical. Bruises, cuts, burns, or fractures are physical signs of abuse. These may occur without any exposition. 

Marks around the wrists or ankles, and bruises, cuts, burns, etc.; all of these could indicate that there’s physical abuse at play. Other common signs of neglect include poor hygiene.

Non-physical signs are just as telling. The individual could also seem frightened, unsociable, or exhibit some indications of depression. Such behavior could indicate emotional abuse or mistreatment. People who hesitate to speak freely in front of the staff may be experiencing coercion or intimidation.

Another red flag is financial abuse, and it’s pretty easy to spot. Unexplained bank withdrawals, unauthorized charges, or personal belongings that are missing should all be investigated. 

Reporting Abuse

Once you notice something isn’t right, you should act right away and start the process of reporting it. Here’s how to do that:

Gather the Evidence

There’s no point in reporting anything unless you have evidence to back it up, so the first thing to do is to document everything you can. Take photos of any injuries, bruises, or environmental issues (dirty rooms, soiled bedding, etc.). Keep records of medical reports, financial statements, or possibly communication that seems like mistreatment. 

Make sure to get the resident in question to give you a statement, and if there are any witnesses, that’s only going to help your case. 

Notify the Administration

When you have all the evidence, get in touch with the nursing home’s administration and report all of it. Administrators are the ones that deal with grievance issues and make provisions for a secure environment for all residents.

Try to be as calm as you can; they’re on your side (at least they’re supposed to be). Present everything clearly, including any documents and evidence you’ve gathered. Once that’s done, ask the administrator for a written confirmation of how they’ll investigate your concerns and how they plan to resolve the issue. 

In case the administration refuses to cooperate or they seem dismissive, report your case to external authorities right away.

Contact The Authorities

When you want to contact authorities, start with the Adult Protective Services (APS). You’ll have to give as much detail as possible and also add evidence. If you aren’t sure what’s considered evidence, simply call them and ask. You can also contact the state licensing agency because they’re the ones checking if nursing homes are compliant with regulations.

If the abuse is severe, you probably will have to involve the law to ensure that the resident is safe and punish the person responsible for the abuse with criminal charges.

Get a Lawyer

An experienced lawyer is a must because they have the knowledge you don’t. Get a lawyer from the same state because regulations and laws can differ a bit from state to state. In regards to payment, attorneys in states like Indiana, Illinois, Kentucky Michigan, or Ohio would (typically) work on a contingency basis. This means that the lawyer receives a predetermined percentage of the settlement/judgment ONLY if the case is successful. And this is amazing for the client, since you don’t have to risk high fees while having no guarantee of a successful outcome.

So, if you’re in Indiana, get a nursing home abuse and neglect lawyer in Indiana. If you’re in another state, get one there unless, of course, the lawyer is okay with that. But, another requirement in such a scenario is that the lawyer is allowed to practice law in another state.

If the lawyer is only working on an hourly rate (with or without a retainer), according to the Legal Trends Report, you can expect the following rates:

Cases of elder abuse can get very complicated and unless you work with someone who has experience with this, there’s a good chance the outcome won’t be as favorable as it could be for both you and your loved one. 

Conclusion

Abuse shouldn’t happen in general, but it definitely shouldn’t happen in nursing homes, where many people are fragile and depend completely on their caregivers. You can’t rely on the elderly in question to stand up for themselves because, in some cases, they just aren’t able to, which is why you have the responsibility to protect them. 

Encourage your elderly to tell you or another family member (or friend) about any complaint. But be sure to follow up by filing it, as well. Actions like these may force nursing homes to reevaluate and better their staff/practices. And hey, if they do decide against helping you, you can always get a good lawyer and file a complaint with the authoritative bodies to do all the heavy lifting.