Reporting Abuse and Neglect

To abuse or neglect a nursing home resident, his/her family members, visitors, staff or volunteers is a serious violation of state and federal law. If you witness abuse or neglect, are told by a resident that he/she is being harmed or denied rights, or even merely suspect negligence, it is imperative that you immediately report the allegation(s) to the proper authorities. Learn your state laws as several states require that abuse and/or neglect be reported. Prompt action will help protect your loved one and prevent the further suffering of him/her and other residents. Organize your complaint, put it in writing, date, copy and try to offer as much background information as you can remember.

Important Details to Include in a Report:

• WHO: The resident’s full name/nickname, age, staff responsible for resident’s daily needs and medical care, name of the person believed to have abused or neglected the resident
• WHAT: The nature and extent of the alleged abuse or neglect, description of any noticeable signs of abuse or neglect, details regarding and previous incidents, summary of incident
• WHEN: The time and date of the incident
• WHERE: The facility at which the abuse or neglect occurred

Where to Send the Report:

• Facility administrator and director of nursing
• Involved social worker
• State or local ombudsman
• Local or state law enforcement
• Protection and advocacy or adult protective services agency
• State survey agency responsible for licensing and certifying nursing homes
• Citizen advocacy group

After the Report:

• Follow up with the resident and facility to ensure that your concerns have been remedied.
• Do not assume that actions have been taken to stop the abuse or neglect. Stay in contact with the authorities conducting the investigation and, if possible, request investigative results in writing.
• Any charge against the person(s) in question will be referred to your state’s licensing authority or, if a nurse aide, to your state’s nurse aide registry.
• Confirm that the facility referenced the appropriate registry before hiring the person(s) in question. Registries are in place to help prevent nursing homes from hiring potentially abusive staff and must be referred to before a nursing home can make a hire.
• Contact your local media, the U.S. Justice Department or seek private legal assistance should your efforts fail.
• Seek legal counsel after researching lawyers who understand federal and state nursing home regulations and have experience protecting the rights of victims of abuse and neglect.