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How To Remove A Resident From An Abusive Or Negligent Nursing Home

by | Sep 21, 2021 | Firm News

If you suspect that a loved one is being abused or neglected at a nursing home, your instinct may be to remove them as soon as possible. However, you cannot simply walk out the door with them. You will need a plan, and there are many details to consider before taking an elderly resident from a facility.

Do You Have The Right To Move Your Loved One?

Not everyone may have the legal right to move a resident out of a nursing home. You may need to have power of attorney. If you do not have power of attorney, you may need to work with the person who does have power of attorney to make these decisions on behalf of the resident.

Is It Safe For Your Loved One To Be Moved?

Some medical conditions can be exacerbated with movement. For example, if your loved one fell they may have undiagnosed fractures that could be worsened with travel. Similarly, moving a loved one who has open wounds such as bedsores may increase their risk of infection.

Depending on the nature of your loved one’s injury or illness, calling 911 and having the resident moved to a hospital may be appropriate.

Where Will You Move Your Loved One To?

You must have a place to bring your elderly loved one. Is it your home or another family member’s home? If so, are you prepared to provide the necessary medical care? Do you have your loved one’s prescriptions? Have you removed any potential dangers? Perhaps it is another nursing home, in which case you should have the move-in date scheduled ahead of time. That facility should be informed of your loved one’s medication list and care needs.

Are You Paying For Nursing Home Care?

Nursing home care is expensive. Moving a resident from one nursing home to the next means addressing payment issues as well. When do you stop paying the current nursing home and start paying the new nursing home? Are payments made ahead of time or automatically withdrawn? Is Medicaid contributing to paying for nursing home care? There is much to be sorted out from a financial standpoint.

Have You Reported Your Concerns?

Did you bring your concerns to the attention of nursing home management? You may feel strongly that you will remove your elderly loved one no matter what, but reporting can produce important documentation and records if you choose to pursue a nursing home abuse or neglect claim later.

Additionally, you may want to report the matter to the appropriate state agency. This agency varies from state to state but is typically the health department. Reporting may trigger an investigation that can lead to repercussions for the nursing home and protections for other vulnerable residents.

Have You Talked To An Attorney?

Getting advice from an experienced nursing home abuse and neglect attorney is free. An attorney can evaluate the situation and help you create a safest possible plan for removing your elderly loved one from a dangerous environment. If the elderly person has been abused or neglected at the nursing facility, your attorney can pursue a claim to hold the facility accountable and seek compensation for the harm suffered.