How to Report Nursing Home Negligence & Abuse

Need Expert Legal Help with a Nursing Home Abuse or Negligence Case? 

According to the National Center on Elder Abuse (NCEA), as many as 2 million elders suffer abuse in nursing homes or healthcare facilities.

While significant progress has been made in the last two decades with training, safety inspections, and reporting procedures, nursing home residents still suffer injury and death from negligence.

The decision to move a loved one into a nursing home is always difficult. Nearly one in three nursing homes have been associated with reports of abuse.

Victims of abuse, who are already in a vulnerable position, are often unable to protect themselves and rely on loved ones or others to intervene. In some cases, this requires filing a nursing home complaint.

Nursing Home Complaints: How to Report Abuse or Neglect

Gather the Facts
When you report an incident of nursing home abuse or neglect, it's important to provide basic information to help guide investigators and allow them to determine if immediate action is needed, particularly those involving physical abuse or financial exploitation.

Providing enough information to investigators helps them determine whether a resident needs immediate hospital care or help in blocking access to bank accounts.

When collecting information for a nursing home complaint, it's important to document:

  • The statements of the victim (if possible) and those of any witnesses (staff or other residents);
  • Locations and a timeline of events;
  • Any injuries with descriptions and pictures (if possible);
  • The victim's finances (if you're in a position to do so);
  • Statements of nursing home supervisors regarding the incident;
  • Statements of the victim's medical providers (at the nursing home or off-site).

Emails or letters from staff or medical providers are a good way to document their statements in their own words. If they speak with you in person, you can always send an email after the conversation confirming what they told you and allowing them to correct the record as needed.

Remember, your initial complaint could serve as the basis for criminal prosecution down the road or even a civil case to recover damages for the victim, so the more accurate information you can document early on, the better.

Where do you File a Nursing Home Complaint?

You can always report nursing home abuse or neglect to your local law enforcement agencies, with 911 available for situations requiring immediate attention. However, each state and territory also has an Adult Protective Services (APS) agency, many of which have 24-hour hotlines to report abuse. Contacting APS will trigger an investigation and possible referral to law enforcement where criminal activity is suspected.

State attorney general offices are also able to investigate nursing home complaints and bring criminal or civil actions as warranted. The California Attorney General's Office has a separate bureau dedicated to addressing complaints of elder abuse. Going through your state attorney general can also lead to increased state oversight of a nursing home as well as suspension or revocation of its license to operate.

In addition, California has a Long Term Care Ombudsman Program which provides nursing home residents with advocates to resolve their complaints and improve their quality of care and life, usually free of charge, which are able to:

  • Listen to the concerns of residents or family members;
  • Inform residents of their rights and legal protections;
  • Provide information on different nursing homes;
  • Work with nursing home staff and management to make changes; and
  • Involve law enforcement if required.

Once you've provided a nursing home complaint to authorities, it's important to provide all of the information you have regarding any specific incidents, even information that you learn after filing the complaint, as this will ensure that a resident receives the protection that he or she needs.

Any information you can provide about the neglect or abuse you have seen while visiting a loved one in a nursing home will help investigators. Some questions you can start asking yourself include, but aren't limited to:

  1. Did you witness bruises, broken bones, abrasions, burns, bed sores, infections or other injuries to your loved one? Have you seen multiple injuries over time? How does the staff explain or respond to this? Have these injuries been reported to a doctor?
  2. Does your loved one tell you they have been abused or assaulted? Even if they are suffering from dementia, take note of what they say. Convincing evidence may surface that proves their claims were true. You will want to note when those claims were made.
  3. Has your loved one lost weight? Are they unclean or not properly dressed?
  4. Have you found your loved one tied to a bed? Or come to visit and find them on the floor?
  5. When you visit do you see call lights go unanswered for long periods of time? Do you have trouble finding any staff on the ward?
  6. Has your loved one's behavior changed? Have they become fearful and withdrawn?
  7. Does it appear that your loved one is paying for services they are not receiving? For example, were you billed for a walker but there is no walker in their room?

The investigating agency will then issue a report on their findings to the nursing home and the family. If wrongdoing is found, the nursing home may be required to make specific changes to address problems.

If the victim, or the victim's family, does not feel satisfied with that action, they can speak with a personal injury lawyer about bringing a lawsuit for damages. If the wrongdoing was criminal, they can report it to the police (if that hasn't already been done).

Get a Free Evaluation of Your Nursing Home Abuse Claim

If you have concerns about nursing home conditions, time may be of the essence especially when the victims are in a fragile state. There are a variety of resources available, but perhaps the most effective way to stop the abuse is by enlisting the help of an attorney.

If you're still not sure whether you have a valid claim, consider getting a legal evaluation from a local attorney as soon as possible.

Our Experienced Elder Abuse Attorneys Can Help

If your loved one has been injured  or neglected due to someone else’s poor behavior, you deserve an experienced elder abuse lawyer to fight passionately by your side. Our dedicated attorneys will protect your legal rights and help you recover the compensation you deserve.

For a free initial consultation and dedicated representation, contact us by phone at (323) 999-3500 or by email at office@gutierrez.legal at any time.

Top Elder Abuse Attorneys in Los Angeles

Our attorneys at the Law Offices of Oscar H Gutierrez have 40+ years of combined litigation experience in handling personal injury and elder abuse cases across California, and will guide you through the legal process.

At the Law Offices of Oscar H Gutierrez, we're fully equipped to handle your personal injury case with:

  • 40+ Years of Experience
  • Millions of Dollars Recovered
  • Thousands of Cases Resolved
  • We Help You Claim What’s Yours!