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What are the remedies if a nursing home patient is being neglected?
There is a slew of playing fields where grievances and complaints can be voiced.
First and foremost, make yourself heard by speaking directly with the nursing home management itself. Each nursing home is required by law to have in place a formal complaint or grievance system to deal with residents’ issues. The procedure should make it easy and comfortable for a resident to air his or her complaint. The nursing homes must follow up on the complaint quickly and make an effort to correct the problem(s).
If the grievance mechanism does not resolve the issue, both federal and state laws have created a watchdog advocate program for nursing home residents called the long-term-care ombudsmen. The ombudsman program, whose genesis is in the Older Americans Act of 1978, assists residents of long-term care facilities, their families, and friends, to voice concerns and correct conditions that affect the quality of care. If the ombudsmen are unable to resolve a problem, they will direct you to someone who can.
If you are still frustrated, you can also complain to the state regulatory agency that governs nursing homes and residents. The agency will investigate the complaint and impose sanctions if there are violations.
If you reach an impasse at that level or are hobbled by the sludge of recalcitrant bureaucracy, you have a few other options. You can hire a geriatric care manager who is an expert at acting as an advocate for people in this situation. You can also hire an nursing home abuse attorney and take private legal action in state court.
If all else fails, the person needing care can be moved to another facility. Though this might be a hassle, the well-being of the senior is the most important issue. If resentment from complaints or litigation threaten the well-being of the resident, moving might be the best option. Complaints and lawsuits for damages can still continue after the resident has been moved. |
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