Reporting Suspected Nursing Home Abuse
Richard T. Marshall

Richard Marshall is a veteran trial lawyer and a Certified Senior Advisor.  His focus is upon the legal problems of senior citizens, both in litigation and in counseling.   His firm provides full representation at all levels of litigation, both individually and through a network of associated counsel throughout Texas.  He also provides legal counsel for senior citizens in helping them plan for financial independence, estate preservation, health care protection, and directives to their loved ones.  His education includes a Bachelor of Science from Cornell University and Juris Doctor from the Yale Law School.  He is listed in Who's Who in American Law and Who's Who in America.  His award-winning web site, Texas Senior Law, provides monthly newsletters of interest to families and senior citizens and one of those newletters was the basis for this article.

One of the saddest scenarios elder law attorneys encounter is the situation where family members come to the office with long overdue complaints about neglect or abuse of a beloved older relative. More often than not, the elderly person has already died, or suffered needlessly for months.

Any legally competent senior citizen or relative of a nursing home resident should know how and where to complain about obvious neglect and abuse. You don't need a lawyer, and it doesn't cost anything. You can file a complaint with the Texas Department of Human Services. They'll send you a complaint form, if you phone them at 800 458-9858. If you are not sure about filing a complaint, you should call the State of Texas hotline for information on contacting the Long Term Care Ombudsman in your local area. That number is 800 252- 2412.

You should also consider calling the Texas Advocates for Nursing Home Residents, toll free, at 888 826-4748, and the Nursing Home Advocacy Project at 888 343-4414. Other interested groups in Texas are the Gray Panthers at 512 458-3738 and the Texas AARP at 512 480-9797. State Senator Judith Zaffirini is deeply concerned with the problems of nursing home residents and welcomes calls at 512 463-0360.

For a complete list of where to file complaints about nursing home abuse in other states, check out the following Web site: www.gwjapan.com/NCEA.

Nursing home residents are also advised to join the National Citizens' Coalition for Nursing Home Reform, 1424 16^th Street, N.W., Suite 202, Washington, DC 20036-2211, phone 202 332-2275. Membership dues for nursing home residents are only $2.00 per year, and include a subscription to Quality Care Advocate.

It is estimated that as many as one out of every twenty older adults may be a victim of abuse. Elder abuse has been defined as including any form of physical or emotional abuse, financial exploitation, neglect, or sexual abuse. Family members should look for the following clues as indicators of elder abuse:

1. Bruises and fractures are usually blamed on falls. The real cause may be physical abuse.

2. Weight loss may be due to neglect, starvation, or an improper diet, although blamed on illness or lack of appetite.

3. Mental dysfunction may really be caused by malnutrition or over sedation, and not just "old age" or Alzheimer's.

Reprinted by permission of the author.  No part of this page may be reproduced or distributed either in whole or part without the express written permission of the author.  This article is provided for information only and is not legal advice.  LawyersCenter.com is not responsible for either the content or the use/misuse of any information contained in these published papers, which are contributed by the authors who are not under the control of LawyersCenter.com.