5 Steps You Can Take Against Nursing Homes if You Suspect Abuse or Neglect

Most people consider nursing homes to have a near-sacred trust. You might put your loved one in a home if you feel like you can’t care for them the right way, and they can no longer do it themselves. In a nursing home, they should expect excellent care as they enjoy their golden years.

However, elder abuse does take place sometimes, and so does neglect. Either situation is tragic. Older adults deserve dignity, and they deserve for people to treat them like human beings. Nursing home workers should show compassion in their everyday duties.

If you think it’s likely that a nursing home has abused or neglected your loved one, then there are several possible things that you can do.

You Can Pursue a Lawsuit Against Them

As you look at the steps you can take against nursing homes, pursuing a lawsuit against them is one of the more drastic ones. If you feel strongly that abuse or neglect occurred, though, then it might be your best option.

You will have to prove that something happened, which justifies your family getting a judgment in your favor. That might include:

• Striking a resident, pinching them, or other physical abuse
• Starving a resident or depriving them of their medication
• Verbal or psychological abuse

Occasionally, you’ll get a nursing home worker who is a real sociopath. They might have started working there because they feel that the older residents can’t fight back against them, and they like the thought of bullying weaker targets.

The real issue will be proving that the abuse or neglect took place. Maybe your relative who lives in the home says that it did, but they’ll probably need some physical evidence to back up that assertion. That’s where seeking the guidance of an experienced and reputable lawyer, like those at DiPiero Simmons McGinley & Bastress, PLLC, can be a crucial step in navigating your case effectively.

That’s why it’s always a good idea to take pictures or have a doctor document any physical marks on the abused individual’s body.

You Can Take Your Family Member Away from There

A more benign thing to do is simply pull your relative out of the nursing home if you feel like there is abuse or neglect. Ideally, your relative can tell you if that is happening.

The problem is if they have reduced capacity. That might happen if they have:

• Alzheimer’s disease
• Dementia

If that’s the case, they may be unable to convey to you what’s going on. That’s why you should examine them when you see them if you think that there’s any chance of neglect or abuse.

They should seem well-fed and happy. If they appear malnourished or like they’re not getting their medication, talk to the staff about it. They might deny what’s happening, and if so, you’ll need to try and use your intuition as best you can.

If you feel strongly that your relative is not getting the best treatment, you might decide to pull them out of there, even if there’s no actual abuse or neglect evidence.

You Can Set Up Surveillance

It’s also possible that you might set up surveillance equipment in your relative’s room if you think you can do so without the staff finding out about it. There are many tiny cameras, microphones, and similar equipment that you can get these days online for a minimal financial outlay.

You may be able to get the evidence you need if you suspect abuse or neglect but can’t prove it yet. If you do decide to head to court, then you can use that to win your lawsuit.

If you catch any criminal behavior, you can also show the police that evidence and get the guilty parties arrested. If any of the nursing home employees are abusing the residents, then that’s a crime, and the law should make them pay for their callous behavior.

You Can Inform the Administrators About What’s Happening

You also might feel like there’s not a widespread fear or abuse culture in the nursing home. You could think that it’s just one particular individual who mistreats the residents.

Maybe you get that impression based on what you’ve seen, or perhaps your relative who lives there tells you. In either case, if you can gather evidence of it, you can talk to whoever is in charge if you don’t want to approach the police or pursue a lawsuit.

This is a more subdued approach to the problem. If you decide to do it, then the nursing home will likely handle the situation internally to avoid bad publicity.

Doing it this way is a bit risky. You don’t know if the administrator or whoever is in charge might not appreciate you rocking the boat, so to speak. If you take this action, there might be blowback against your relative, so maybe this isn’t the best option.

Ask a Lawyer for Their Advice

Perhaps you’re on the fence about the best action to take, and you need someone to lay out the viable options available to you. If so, then you may want to sit down with a lawyer so you can figure out the best path forward.

Some lawyers deal with many elder abuse cases, and they might be able to tell you what kind of physical evidence you’ll need to pursue a lawsuit. If they don’t feel like you have that evidence, they might suggest some ways to get it.

If you hire them, some lawyers use private investigators to gather evidence about nursing homes and the employees who work there. If you could not get the physical evidence on your own, a licensed investigator might dig some up where you failed. They probably have some techniques and equipment to which you don’t have access.

One thing is certain: if you feel that nursing home abuse or neglect is happening, then you can’t ignore it and hope that it goes away. You have a duty to protect your loved one if they can no longer defend themselves. It’s what you would expect someone would do for you in a similar situation.