Have you noticed signs of nursing home abuse or nursing home neglect? Take action. Our nursing home abuse lawyers explain what to do if you suspect nursing home abuse or neglect.
Step #1: Ensure Your Loved One’s Safety
If you believe your loved one is in immediate danger, take action to ensure his or her safety. Call 9-1-1 or your local authorities. You should also remove them from the situation as soon as reasonably possible. However, if you do not believe your loved one is in immediate danger, you may want to talk to the nursing home’s administration first.
Step #2: Speak to Your Loved One
It is important to speak to your loved one about the situation. If possible, speak to him or her in private. Listen to what he or she has to say about the signs of abuse or neglect. You should document this conversation with dates
Keep in mind that victims of abuse may not want to speak about the abuse. This could be due to multiple reasons, such as fear, shame or lack of physical or mental capacity to report it.
Step #3: Talk to the Nursing Home’s Management
Before making any accusations, discuss your concerns with the nursing home’s administration. Ask them about all of the perceived signs of nursing home abuse and/or neglect. Listen to what they say and document their answers with the date of the conversation.
The nursing home’s management should be willing to answer your questions and explain the situation to your satisfaction. If you are unsatisfied with the nursing home’s answers or remedy, you may want to file a formal complaint.
Step #4: Document the Perceived Elder Abuse or Elder Neglect
You should document as much as you can about the suspected abuse, including:
- Photographs of any injuries
- Photographs of unsuitable living conditions
- Dates of abuse and/or neglect
- Caretakers’ names and job positions
- Any witness information, including names and witness statements
Step #5: File a Complaint Against the Nursing Home
If you have evidence to infer that nursing home abuse or nursing home neglect has occurred, you may want to file a complaint against the nursing home. There are many ways you can report nursing home abuse in California.
You can contact the elder abuse hotline through Adult Protective Services (APS). Each California county has its own APS office. Call APS at 1-833-401-0832 and enter your ZIP code when prompted. Then, you will be connected to the office in your county. APS is available 24/7.
- Santa Clara County APS number: (408) 975-4900
- San Mateo County APS number: (800) 675-8437
- Alameda County APS number: (510) 577-3500
You can also report it to your local long-term care Ombudsman. The California Department of Aging provides information to find your local Area Agency on Aging (AAA).
Step #6: Discuss Your Situation With a Nursing Home Abuse Attorney
We recommend that you speak to a nursing home abuse attorney if there are signs of elder abuse and/or elder neglect. You or your loved may have a viable elder abuse claim to recover compensation for injuries and damages.
Call our elder abuse attorneys in San Jose at (408) 716-1668 to discuss your situation. You can also fill out our online contact form. We can help you understand your legal options and next steps during a free consultation.