When you place a loved one in a facility, you expect safe and proper care in return. Thus, it is always hard to see a loved one suffer, especially when you’ve trusted a nursing home to provide the care they need.
That trust can be shattered when your loved one suffers abuse from nursing home staff. When that happens, taking the proper legal steps may help you and your loved one seek the justice you deserve.
Steps to take after a nursing home abuse of a loved one
If you believe the abuse is ongoing, asking the nursing home to take immediate steps to protect your loved one should be your first step. You should also take the following steps, which may help if you decide to file a legal claim:
- Document the signs of abuse: Do not wait to build a long record before reporting suspected neglect. Take photographs of visible injuries, such as bruises, cuts or bedsores. Also, obtain medical records, treatment notes and medication records that may help show the extent of your loved one’s injuries and the care they received.
- Report the abuse to the facility: Give a notification to the nursing home administrator or appropriate supervisor about your concerns. Document the details on when you made the report and how the facility responded.
- Identify potential witnesses: Obtain and record statements from people who may have witnessed the abuse or noticed changes in your loved one’s condition.
- Report suspected abuse to the appropriate authorities: If you suspect abuse or neglect, report it quickly rather than waiting for the nursing home to address the issue. You can contact the local Long-Term Care Ombudsman Program, local police or sheriff’s department or the California Department of Public Health district office serving the county where the nursing home is located.
Taking these steps early can strengthen the case and help authorities intervene before further harm occurs.
Legal protections for nursing home abuse victims
California law provides additional protections for elder abuse victims when the abuse involves recklessness, oppression, fraud or malice. Understanding these legal protections can be important if you want to file a claim and hold the nursing home accountable. An attorney can explain your rights, help you gather relevant evidence and guide you through the legal process.