When a nursing home is subjecting a very ill patient to second-hand smoke, or causing dehydration by giving milk of magnesia every other day, or if there is a mysteriously broken bone, how can you avoid the Department of Health delays and get immediate legal help to stop the abuse?
2007-05-30 11:47:27 · 7 answers · asked by Pascha 7 in Politics & Government ➔ Law & Ethics
How do you get a court injunction without a lawyer when you can't find a lawyer who doesn't want to upset the local nursing home industry?
2007-06-02 09:37:38 · update #1
place a servillance camera in the room, they have them small enough to hide.
2007-06-05 12:15:15 · answer #1 · answered by confused 1 · 0⤊ 0⤋
Abuse is defined by OBRA as the intentional harm or mistreatment of another verbally, physically or psychologically - neglect would fall under this definition, too. I understand that you are worried, and with every right - elder abuse is very real - however, you cannot possibly believe that giving milk of magnesia every other day is elder abuse? The elderly have many problems, and decreased peristalsis is one of them (this leads to constipation) - There is likely a sound medical reason for this laxative. The second hand smoke is also not abuse. The broken bone may or may not be abuse depending upon the resident's medical conditions (if there is osteoporosis, a bone can break "by itself" literally) and should be looked at more closely. The Omnibus Budget Reconciliation Act of 1987 established a minimum set of guidelines for nursing homes to protect the rights of residents and heighten their quality of life in long term care. You need to report your concerns immediately to the Nursing Home Administrator, who is legally bound to investigate, report it to the state and take it up the ladder.
2007-05-30 13:03:25 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I agree with Monica D's response, but in addition that you have the right to a second (medical) opinion if you feel abuse is taking place and the elderly person is not able to verbalize concerns. Taking the nursing home patient to a doctor out of the system of the nursing home may shed light on the cause of broken bones and may even disclose additional injury or prove that no abuse is occurring.
Your local department for elderly (call family services for information) will have information on identifying and preventing all abuse (emotional, physical and financial), list where to report concerns and will offer help in general.
I wish you good luck with your concerns.
2007-05-30 17:02:09 · answer #3 · answered by Traveler 4 · 0⤊ 0⤋
Contact the Attorney General's Office in your state. If the patient is your family, remove them now, do not wait. Get on line and get the number of the Government site that regulates these homes and tell them what is going on. Both the AG and this other site takes these allegations very seriously and will investigate it. Be a witness for them and help the people in the nursing home.
2007-05-30 11:54:29 · answer #4 · answered by Anonymous · 1⤊ 1⤋
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2016-10-30 06:29:30 · answer #5 · answered by craze 4 · 0⤊ 0⤋
Hire an attorney and sue the nursing home, but before you do that find a nursing home that is better able to care for your loved one properly.
2007-05-30 11:51:22 · answer #6 · answered by Lori B 6 · 0⤊ 1⤋
Call your state agency for elderly abuse and neglect. If you cant find such, contact your state social services or family services agencies for help.
2007-05-30 11:56:49 · answer #7 · answered by Sheila 6 · 1⤊ 0⤋