Skip to main content How do I remove a loved one from a negligent or abusive nursing home?
Discovering that your loved one is the victim of neglect and abuse in their nursing home can be shocking and heartbreaking. In addition, nursing home abuse and neglect can lead to devastating injuries, high medical expenses, and a shortened life expectancy. If your relative suffered harm in their facility, you would likely want to know: “How do I remove a loved one from a negligent or abusive nursing home?”
Discharging and moving your loved one can be costly and require a few steps, such as gathering the relevant paperwork, selecting a suitable facility, and coordinating the move. However, if your loved one suffered from abuse and neglect, you could have a legal claim against the nursing home. You could qualify for damages such as medical costs, moving expenses, and more.
Our elderly relatives have the right to live out their lives with dignity and receive the care they deserve. If your loved one got hurt in the nursing home, we want to help you get justice. Contact us now for a free case review to determine if you could sue the nursing home.
What are Your Best Next Steps If Your Loved One Suffers Nursing Home Abuse?
If you suspect that your loved one experiences nursing home abuse or neglect, you should take prompt action, including:
- Dial 911 for immediate help, if required
- Move your loved one to a different nursing facility
- Talk to your loved one about what happened to find out the extent of the neglect or abuse
- Take your loved one to a doctor to document their injuries
- Ensure you follow the grievance procedure of the nursing home
- File a complaint with your relevant state agency
- Contact a nursing home lawyer for guidance
You could be entitled to damages if your loved one suffered injuries and damages due to illegal nursing home neglect or abuse. An experienced nursing home abuse attorney at Morgan & Morgan can clarify your legal options and move forward with a claim.
How about Moving Your Loved One Out of the Nursing Home?
Unexpectedly removing a loved one from a negligent or abusive nursing home can be stressful. However, before moving your loved one into your home, consider the safety and accessibility of your house or apartment. Caring for your loved one’s medical needs and helping them with the tasks of daily living can become overwhelming and exhausting.
If you decide to move your loved one into a new nursing home, the following steps can help to minimize stress and upheaval:
Talk to Your Loved One
Even if your loved one was the victim of abuse and neglect, a move could be traumatic and confusing. Ask them about their preferences and opinions regarding a move, and involve them in the decision-making process, if possible. Reassure your loved one that a move is in their best interests and that you will be by their side during the entire process.
Decide on an Adequate Nursing Home
The last thing you want is to move your loved one in a rush, only to discover that the new nursing home is no better than the old one. Select a home that covers your loved one’s requirements and needs.
If possible, involve your relative in the considerations for a new home. If your loved one is on Medicaid, ensure that the facility of your choice is Medicaid certified. The Medicare Care Compare website is an excellent tool to find, compare, and evaluate nursing homes.
Communicate With the Current Facility
Although it is normal to be upset when discovering that your loved one experienced abuse and neglect, try to establish good communication channels with the nursing home’s administrative staff. You will need their help. Not all vital health information is automatically transferred from one home to another. Make sure to request the following copies from the facility before the move:
- Care plan for your loved one
- Aide schedule and medical treatment notes
- Medical history
- List of medications
Coordinate the Move
Make sure you coordinate the move with both the old nursing home and the new facility so everything goes smoothly. When you arrive at the new nursing home, you will probably have to fill in admissions paperwork. Ensure to bring your loved one’s essential information and documents, such as social security and insurance cards, and any information related to Medicare or Medicaid.
Can the Nursing Home Refuse a Discharge?
Nursing homes cannot normally refuse a discharge when a resident, who can decide for themselves, makes the request. However, when a resident can no longer make their own medical decisions, the legal guardian must request the discharge on their behalf.
Additionally, nursing homes are required to assist and plan the discharge of the resident. If nursing home staff is making it difficult for you to move your loved one, you can file a complaint or contact an attorney to protect your relative’s rights.
You Could Have a Nursing Home Abuse and Neglect Claim
Nursing home abuse is not only highly upsetting, but it is also illegal. According to the federal Nursing Home Reform Act of 1987, 42 U.S. Code § 1395i–3, nursing homes must be free from neglect and abuse. If your loved one suffered injuries due to egregious nursing home neglect or abuse, you could file a lawsuit and hold the facility liable for your damages.
Morgan & Morgan Fights for Victims of Nursing Home Abuse and Neglect
If you are looking to remove a loved one from a negligent or abusive nursing home, you likely have legal recourse. Do not let a negligent nursing home get away scot-free. Our lawyers have helped countless victims and their families get justice. You only pay us if and when we win, and you receive compensation.
In the most upsetting times of your life, Morgan & Morgan has your back. Contact us today to find out more in a free consultation.
