Nursing Home Neglect
At some nursing homes and assisted living facilities, the staff and aides are underpaid, untrained, and overworked. In these situations, there is usually a high turnover rate. Therefore, mistakes might often be repeated and not corrected. The mistakes only come to light when disaster strikes, and a family member is willing to fight back.
Nursing home neglect occurs when the facility fails to properly care for their residents. Neglect can be caused by inaction (such as not assisting a resident who is at risk of falling), or it can be caused by improper action (such as physical abuse). Nursing home negligence can lead to serious medical problems, such as needless falls or bed sores.
If You Suspect Nursing Home Negligence
Suppose your mother has a fall at her nursing home. You suspect it’s the nursing home’s fault. She’s currently recovering, so you don’t know the full extent of the harm yet. What should you do?
You might not be ready to take legal action yet. But here’s what you need to do: document the incident.
Document Nursing Home Neglect Now
If you observe potential negligent behavior, or if any incidents occur, it’s best to document them as they are happening. If you need to take legal action, even if it’s one or two years later, then you will already have these important details recorded. Keep a journal of diligent notes specifically for this purpose.
Document Everything for Your Attorney
Make sure you record:
- Time of day
- Names and positions of facility staff who are involved
- Names of witnesses
- What happened (negligent behavior could be action or inaction)
- Any harm that may have ensued
You could also take pictures, if appropriate.
An Example Journal Entry
For example, you could write down:
On September 8, 2019, Mrs. Hannah Jones, an aide at the Happy Days nursing home, told me that my mother had a fall. On that day, around 3:00 pm, my mother wanted to take a walk. Mrs. Jones said she assisted her during the 20-minute walk and then took her back to her room to rest.
About 10 minutes later, my mother apparently tried to leave the room on her own but was too weak and fell. She broke her wrist and was treated at Clarksville County Hospital by Dr. Robert Lam. It was unclear why my mother tried to leave the room without an aide. I talked with my mother’s next-door roommate, Mrs. Kathy Albertson. Mrs. Albertson said she heard my mother calling for an aide a few minutes before her fall, but no aides appeared until after her fall.
Win the Nursing Home Negligence Case
Why should you take the effort to document everything now?
If a judge gets involved, the documentation:
- Helps establish your case and key witnesses (especially if the facility staff involved with the incident is no longer employed there)
- Makes it easier for the elder law attorney to help you win
- Relieves you from the pressure of trying to remember all the pertinent details
Having proper documentation can make the difference between winning and losing a case when legal action is required.