Nursing Facilities
Evaluate Your Concerns
Many problems that may arise at nursing facilities can be resolved with open and honest communication between the resident or a representative and the facility administrator.
If the situation doesn’t improve after this first step, or facility administrators refuse to act to right a wrong, the next step is to learn whether the behavior is legally prohibited.
Residents have legal rights that come from two sources: the contract they sign with the care provider and existing law.
Review Contractual Rights
Take a close look at the nursing facility’s contract — including the fine print — to find any violation of a specific right or responsibility. If so, this strengthens your position and may also signal the need to take action.
The contract should clearly spell out residents’ rights while in the care of a nursing facility — along with procedures to document and correct violations. In addition, there are state and federal laws giving residents the rights to good care and fair treatment — and agencies that inspect facilities and oversee the quality of care in them.
Act Against Elder Abuse
Sometimes actions or neglect at a nursing facility amounts to a form of abuse.
People of all ages in institutions are generally vulnerable and often isolated — making them particularly easy targets for abuse. Residents who are age 65 or older are protected by the Elder Abuse and Dependent Adult Civil Protection Act, which prohibits many forms of mistreatment of older people.
Elder abuse encompasses a wide range of wrongful behavior, as described here.
Physical abuse. This includes physical pain or injury inflicted upon an elder such as food and water deprivation, physical restraint, sexual assault, physical abuse, and even beatings. Possible evidence of physical abuse includes: cuts, puncture wounds, burns, welts, bruises, poor skin condition or hygiene, uncared for injuries, missing patches of hair or hemorrhaging below the scalp, dehydration or malnourishment without illness, and soiled bedding or clothing.
Financial abuse. Financial abuse includes theft or misuse of an elder’s money or property. Possible evidence includes: unusual activity in bank accounts; an inconsistent signature on checks or checks signed when the older person cannot write; changes in legal documents such as a will or powers of attorney when the older person is unable to make such decisions; unpaid bills; lack of amenities such as a television, proper clothing, or grooming items; missing valuables such as jewelry or art; deliberate isolation from friends and family.
Psychological or emotional abuse. Willfully inflicting mental suffering on a person may also amount to abuse. Examples are: verbal assaults, threats, intimidation, humiliation, or isolation of an elder. Possible evidence of such abuse is when the elder shows signs of being: fearful, depressed, helpless, disoriented, or unwilling to talk openly.
Neglect. Neglect is lack of action by those who have care or custody of an elder, such as nursing facility personnel. It includes the failure to give proper care such as assistance with personal hygiene, clothing, medical attention for physical and mental needs, and a safe environment. Possible evidence may include: dirt, the smell of feces or urine in the facility, rashes, sores, lice, improper clothing, malnutrition, dehydration, and untreated medical conditions.
Abandonment. Abandonment is deserting an elder who needs care.
If you are unsure whether your concern rises to the level of a complaint requiring action and want to discuss the matter confidentially, call the hotline of the California Advocates for Nursing Home Reform (CANHR) at 800-474-1116 or the California Long-Term Care Ombudsman at 800-231-4024.
