What Should I Do If I Suspect Nursing Home Neglect or Abuse?
We rely on nursing home facilities to provide our elderly loved ones with dependable health and personal care services. Most residents live at these facilities permanently because they have ongoing physical or cognitive conditions that necessitate full-time care and supervision. No one wants to believe that they are leaving their loved ones in the hands of calculating and unscrupulous caretakers. The only way that you guarantee your family member’s safety is to visit them often and learn more about the facility.
Protecting Your Loved Ones From Nursing Home Neglect or Abuse
You need to trust your gut instincts when it comes to your family members. If you suspect that your loved one is being neglected or abused, your first action is to remove them from the facility as quickly as possible. If you’re still uncertain, you can always visit your relative and takes notes about their fluctuating physical and emotional condition.
You can help protect your loved one by:
- Visiting frequently and at different times of the day so that staff members can’t prepare for your arrival in advance
- Keeping a running record of any issues or problems you notice
- Meeting with the administrators and staff members caring for your relative
- Talking to other residents and their family members
- Sharing a meal with the residents to verify the food quality
- Paying attention to resident/staff member interactions
- Reading and reviewing any contracts carefully—if you can, work with an attorney to remove a forced arbitration clause
- Comparing facilities to make quality determinations
- Working with a qualified lawyer to learn more about your relative’s legal rights
- Filing a complaint with the appropriate state agency
- Pursuing a civil lawsuit
Can I Sue a Nursing Home for Negligence?
Nursing homes and other elder care facilities can be held responsible for negligence if the behavior meets certain criteria. Whether the cause was nefarious intent, laziness, or an accident, the nursing home can be found liable for negligence in the following circumstances, amongst others:
- Failure to maintain and upkeep the premises
- Negligent hiring
- Lack of supervision of residents
- Failure to maintain health and safety policies
- Failure to pursue medical treatment
Regulations may change from facility to facility. For instance, if the home accepts Medicare, it will be bound under specific regulations outlined in 42 CFR sec. 483.25 (h). If the facility fails to comply with the laws set forth, they can be held liable if the resident is injured due to negligence.
Rely on Experienced & Trial-Tested Legal Representation
If you need to take legal action, call the San Antonio nursing home neglect attorneys at Maloney Law Group, P.L.L.C. today. Our experienced litigators have been protecting the rights of nursing home residents for over 30 years.
Our legal team has a comprehensive understanding of the protocols and regulations associated with neglect and abuse claims. By investigating your case and consulting with experts, we can develop a litigation strategy that reflects your legal and financial objectives. With our help, you can recover compensation that facilitates your relative’s recovery.
We've Recovered Millions for Our Clients
With extensive experience in these types of cases, our team knows how to handle nursing home neglect and abuse claims. Our San Antonio nursing home abuse attorneys work hard to help our clients and their families recover from nursing home neglect and obtain the compensation they are entitled to.