D.C. Elder Abuse & Neglect Attorneys Fighting for the Justice Your Family Deserves

While it depends on the state, nursing home neglect is often defined as the failure to provide a resident with services essential to health and safety. This can include issues such as dehydration or malnutrition, improper or lack of supervision, failure to provide toileting and hygiene, failure to transfer to a higher level of care, and a lack of proper medical care. If these failures are determined to be reckless or intentional, they may be considered abuse. Abuse can also consist of physical, sexual, emotional, or financial abuse.

Look out for unexplained injuries, sudden behavior changes, or signs of neglect such as poor hygiene. Are they receiving sufficient nutrition and hydration? Do you see significant weight loss? Are call lights left unanswered for long periods of time? Are staff available to attend to residents’ needs? These are only a few of the many signs and symptoms of nursing home abuse or neglect — you can read more signs here.

Reporting procedures vary by state, but generally, you can contact your local nursing home Ombudsman or Adult Protective Services. Document any signs of abuse with photos, keep a written journal of incidents, send emails to the Director of Nursing and/or Administrator, or gather medical records. Witness statements can also be crucial. For example, is there a nurse or CNA reporting these conditions and other events negatively impacting your loved one? These individuals may be willing to write down what they observe.

Legal actions may include filing a lawsuit for negligence, abuse, wrongful death, violation of a resident’s rights, or reporting to law enforcement if criminal behavior is suspected. The statute of limitations varies by state, so it's important to consult with an attorney promptly if you suspect neglect or abuse.

Residents have the right to proper medical care, dignity, privacy, and freedom from abuse. There are state and federal laws that protect residents living in nursing homes. Familiarize yourself with Your Rights and Protections as a Nursing Home Resident.

Regularly visit the facility and consider doing so at varying times of day. Staff should be trained to recognize and prevent abuse, and the facility should have clear protocols for reporting and addressing concerns. Maintain an open line of communication with the caregivers and your loved one, and know the signs of abuse or neglect so that you can properly advocate for your loved one.

Laws vary, but some states allow it. Check local regulations and, if permitted, inform the facility, and take steps to install a camera in your loved one’s room. The more you can see, even when you are not present, the more likely you can take prompt steps to help protect your loved one if something happens.