Take Action

 

If you or someone you know is experiencing abuse or neglect, there are several important steps to take and services to contact. Please note that if you or another person are in imminent danger, call 911. 

 

Steps to Pursue Action

The first step in taking action is to consider the existing risk and whether immediate help needs to be called (911). When pursuing action, it is important to contact several resources and seek advisement from officials. The information below explores additional steps you can take to pursue action.

 

Click through the tabs below.

Clicking the “+” and “-” to the far left of each section will expand and collapse the information within.

 

1. Call the police or emergency services

 

It is considered a crime for long-term care facility staff to knowingly abuse or neglect any resident. They are required by law to report all known incidents of abuse or neglect. 

 

It can be helpful to contact authorities in cases of abuse or neglect. A police report will provide documentation of the incident. It is important to contact the police in cases of physical abuse, sexual assault, homicide, serious injury or financial coercion. If the resident is at risk of imminent danger, always call 911. 

 

If time permits, make sure you collect information to document the abuse or neglect (names, type of abuse or neglect, witnesses, photos, voice recordings, videos, victim name, facility information and dates/times of abuse or neglect). 

 

 

1. If you observe or suspect abuse or neglect, it is important to document everything you can. This can be used in future reports or cases as evidence. 

 

If abuse or neglect of the individual is apparent, take photos of them and any visible areas you believe are a result of this.

Please note that while you can take photos/videos of your loved one, you are legally not allowed to photograph or video healthcare staff or other residents and if you are caught doing so, you will likely be asked to delete the images/videos.

 

2. Voice/Audio record your conversations with staff.

 

38 states allow voice recording of conversations (including healthcare settings) if one person in the conversation is aware of the recording. This one person can be you. Please note that if staff or representatives know you are recording them, they may choose not to speak with you. If you’re in a jurisdiction where voice recording conversations without consent is permissible, it’s generally advantageous to refrain from disclosing your intent to voice record the conversation for documentation purposes. States that only allow voice recording if all parties are aware are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. The remaining 38 states allow voice recording if one person is aware (you). 

 

3. After conversations, follow-up with an email if you can.

 

Summarize the content and dialogue of your conversation. This can be used for documentation later and could be helpful for organizational clarity by supplying a record of dates.

 

4. Keep a journal or calendar of important details for future reference. 

 

Documentation gives you proof and evidence when pursuing action and helps investigators establish a timeline once a case has started.

 

5. Obtain written documentation whenever possible of conversations and transactions. 

 

6. Keep a record of dates, times, names and events.

 

 

1. Physicians of the individual experiencing abuse or neglect can be a viable source of help.

 

2. Social workers can provide advocation for residents and guidance in situations of abuse or neglect. It is important to note that some social workers are employed by the facility of suspected abuse or neglect, and consideration of this should be taken.  

 

3. Administrators are important figures of authority in nursing homes. If you have a good relationship with the facility administrator or trust them to act ethically in situations of abuse or neglect, they can be helpful in addressing these issues.

 

4. Nursing or Facility Staff like the head nurse can provide help in addressing your concerns of abuse or neglect, but like other staff members, they are employed by the facility and consideration of this should be taken. 

 

 

Every facility should have a grievance procedure they can inform you about. 

 

Not all situations will benefit from speaking with facility staff. It is important to consider your relationship with these individuals and whether your conversations will yield positive discussion or results. It is generally not advisable to speak with an individual who is suspected of committing abuse or neglect. Studies and reports show that fear of retaliation is a legitimate concern from residents when considering reporting abuse or neglect. It is important to consider this when addressing suspicions and observations of abuse or neglect.

 

 

In many states, Adult Protective Services (APS) deals with cases of abuse or neglect in long-term care facilities. 

 

Before your call, try to write down all the details you have. If possible, include what happened or why you are: calling, dates and time of incident, and staff members involved. Your goal is to make a record of your observations and attempt to file a report.

 

To see more about APS, please visit the Seek Advocacy section of this website.

 

 

 

Ombudsman are meant to advocate for residents, but lack authority in mandating action. It is ultimately up to the facility to make changes.

 

To learn more about the Ombudsman program please see the Seek Advocacy section of this website. 

 

 

Depending on your state, the Department of Health may handle long-term care reports of abuse or neglect. It is always best to call and inquire about reporting these instances of the facility. They may recommend other agencies. 

 

 

Depending on your state, there may be an Office of Licensure to contact and report abuse. 

Your Ombudsman should inform you of where to file your complaint. See number 5 concerning Ombudsman (above).

 

  1. The following link is a list of state agencies provided by Medicare for complaint filing.

Click the link: File complaints by state agency

 

2. Eldercare Locator can offer advisement. 

 

Click the link: Eldercare locator

Phone: 1-800-677-1116

 

3. The National Center on Elder Abuse can advise you on how to file complaints or pursue action.

 

Click the link: National Center on Elder Abuse

Phone: 1-855-500-3537

 

 

  1. Communicate with other families of residents, especially if you suspect abuse or neglect.
  2. If your loved one is experiencing abuse or neglect, it is likely others are too.
  3. When you are in the facility, attempt to communicate with other visitors and exchange contact information.
  4. Put a flyer up that is for a family support group to form a network (do not mention complaints on flyer). 

Ask the facility to reach out to families for the formation of a family council. Friends and families can both be included in this council. Facilities are required to provide a meeting place for family councils to discuss concerns. Staff are not allowed to attend a family council meeting, unless invited by the family council. Make sure all voiced concerns are documented in the council meeting and serious concerns are told to the administrator. You can voice record these meetings for future reference as well. Facilities are required to take and act on complaints by family or resident councils. If there are enough serious concerns and observations made by council attendees, you should consider filing multiple complaints with your appropriate state agency. Depending on the abuse or neglect, it may be advantageous to talk to a law firm for group consultation and representation. Family councils are also a time for families and friends to plan events or activities for residents.

 

Resident councils are very similar to family councils, but can be formed by residents of facilities. 

 

 

 

Medicaid and Medicare are additional resources you can contact. They may advise you contact additional services depending on your complaint.

 

  1. Click the link to file complaints with federal contacts of CMS, click the link: Emails by State

2. Click the link: Medicaid Contact

Phone: 1- 877-267-2323

 

3. Click the link: Contact Medicare

Phone:1-800-633-4227

 

 

Secondary insurance companies can provide advice and assistance, as well as investigative aid. This is insurance that compliments an individual’s Medicare coverage. Find out what insurance company and plan is held and contact the insurance company directly to request assistance from the secondary insurance case manager. 

 

 

Contact your state’s congresswoman/man, attorney general and state representative. It is important to voice concerns to politicians  responsible for policies that impact long-term care. 

 

In addition to directly contacting your district politicians, The National Consumer Voice provides forms and links to contacting government officials on improving standards in long-term care.

 

To explore this, please follow the links below.

 

 

Seeking the representation of an attorney might be an option if abuse or neglect is substantial. Unfortunately, less severe forms of abuse or neglect may prove to be more difficult to pursue legally. Some law firms offer free consultations to review your case. Documentation is key, which is why it is one of the first steps in pursuing action.

 

Legal cases can be costly and emotionally exhausting, but some lawyers will take cases on contingency, where you only pay the lawyer from the funds you win. These types of cases are frequently advertised as being free of charge unless the case is won. 

 

It is important to read all contracts and paperwork to ensure you will not have to come out of pocket for any fees. Contingency fees vary, but firms often take 30-40% of case winnings for their lawyer services (this does not always include all costs or fees that will be charged). There are costs and fees on top of lawyer service fees, and it is possible you may have to pay these even if you lose the case. This is why it is important to read all signed paperwork and make sure you have a clear understanding before hiring a law firm. 

 

  1. The below link gives an excellent review of personal injury cases, contingency fees, sliding scales and information valuable to seeking representation for cases concerning elder abuse or neglect in the long-term care system.

2. Great consideration should be put into selecting an attorney. The National Academy of Elder Law is a reliable resource when looking for elder law attorneys with official certifications.

 

Follow the link below to search for certified elder law attorneys in your area. 

 

3. Elder Voice Action Network is not affiliated with the following law firm(s) and this is not a recommendation to hire them. It is important to do your own research and find a reputable lawyer for your case.

 

Senior Justice Law Firm is a well known legal firm that offers free consultations. 

 

 

To file complaints against specific healthcare workers, it is best to contact your state’s Department of Health Professions for advice. If a complaint is filed, an investigation may take place involving the complainant and the healthcare professional who the complaint was filed against. 

 

1. Click the link: File a complaint against a nurse

 

2. Click the link: Medical boards by state

 

3. Click the link: Complaints about a doctor, hospital or provider

 

 

Move the resident in with a loved one. While this may not be an option for everyone, it is important to explore the possibility of moving the resident into the home of a loved one. Depending on circumstances and qualifications, funding may be available to assist in care or outsourcing additional aid. Please see this website’s Caregiving section to learn more about the programs available and eligibility. If there are a group of family members or loved ones who are cooperating and willing to help, sometimes this can be a shared responsibility, however, it is common for the burden to fall on one individual. 

 

Move the resident to a different facility. Unfortunately many Medicaid funded facilities face similar challenges and insufficiencies, so finding adequate facilities for residents can be challenging. Private pay facilities typically have better offerings, but are costly to most of the population.

 

When trying to locate another long-term care facility, it is best to visit a it prior to transfer or admission. If you or the individual are in the hospital, ask hospital staff like nurses for their opinions. Nurses and physicians often see many residents from care facilities and may have insight from their experiences. If you visit facilities, try to ask any visitors you see about the facility. Make observations of what is occurring at the facility when you visit and the state of residents you see. 

 

Please see the Learn the System section of this website to learn more about locating facilities and facility ratings.

 

Consider other housing options. 

Please see the Seek Advocacy section of this website to learn more about services and housing options.

 

This website serves solely as a supplementary and educational resource. It does not offer direct advice or recommendations for individual situations. Additional research should be conducted, in addition to seeking official and professional guidance. Federal, state, and local services should always be consulted for appropriate assistance and guidance. Additionally, professional health, legal, and government services should always be consulted, as this website does not serve as a substitute for them. While efforts are made to provide accurate and up-to-date information, this website cannot guarantee the accuracy or currency of the content. It is encouraged that users verify information with relevant authorities or professionals. Please note that if you or someone you know is in imminent danger, call 911.