It's a family's worst nightmare: realizing your vulnerable loved one may be suffering abuse at the hands of the very people entrusted with their care. Nursing home abuse is a devastating betrayal of trust—but you're not powerless. You can take control of the situation and protect your family member's rights.
At the Law Office of Matthew A. Lathrop, we know that nursing home abuse happens far too often in Nebraska and across the country. Our skilled Omaha nursing home injury lawyer is here to help you fight for the justice your loved one deserves. If you suspect mistreatment in a nursing home, take action now to stop the abuse and hold the wrongdoers accountable. Here's exactly what to do.
How Do I Report Suspected Nursing Home Abuse in Nebraska?
Prompt reporting is crucial to stop ongoing abuse and prevent harm to other residents. If you think your family member is in immediate danger, call 911 or local law enforcement right away. Otherwise, you can report suspected abuse to:
- Adult Protective Services (APS). For elders living in nursing homes or assisted living facilities, contact the Nebraska Department of Health and Human Services' APS hotline at (800) 652-1999 or complete their online form.
- Long-Term Care Ombudsman Program. Ombudsmen advocate for nursing home residents' rights and investigate complaints. In Nebraska, call (800) 942-7830 to reach the ombudsman for your loved one's facility.
- Local law enforcement. If you believe a crime has occurred, such as physical or sexual assault, contact the police department or sheriff's office in the nursing home's jurisdiction.
What Happens After I Report Nursing Home Abuse?
APS and the ombudsman's office will typically open an investigation into your complaint. They may visit the facility, interview your loved one and other residents or staff members, and review records. If they find evidence of abuse, they can take action against the nursing home, including issuing citations, imposing fines, or even revoking the facility's license in severe cases.
Law enforcement will conduct a separate criminal investigation if they suspect a crime has been committed. They may collect physical evidence, take witness statements, and make arrests if warranted.
How Can I Gather Evidence of Nursing Home Abuse?
To build a strong case, it's essential to document any signs of abuse or neglect you observe. Evidence may include:
- Photographs. Take clear, well-lit photos of visible injuries, such as bruises, cuts, or bedsores. Capture multiple angles and, if possible, use a ruler or another object to show scale.
- Medical records. Collect records that document your loved one's injuries, illnesses, or changes in condition. You have a right to request these records from the nursing home or your family member's doctor.
- Documentation. Keep a written account of any incidents you witness or concerning changes in your loved one's behavior or demeanor. Note the date, time, and as many details as you can remember.
- Witness information. Get names and contact information for potential witnesses, including other residents, family members, or staff members who may have seen suspicious activity.
Keep all evidence securely stored, and make copies of important records in case originals are lost or destroyed. An experienced nursing home abuse attorney can help you organize your evidence and build a persuasive case.
What Are My Legal Options in a Nebraska Nursing Home Abuse Case?
You may have grounds for a civil lawsuit against the nursing home and any staff members responsible for the abuse. A successful claim can recover money damages for your loved one's medical bills, pain and suffering, and other losses. In some cases, you may also be able to seek punitive damages to punish particularly egregious misconduct.
You may also have a case against a third party whose negligence contributed to the abuse, such as a staffing agency that failed to screen or train employees properly. An attorney can identify all parties who may share liability.
Additionally, your attorney can help you file complaints with state and federal agencies that regulate nursing homes, such as the Nebraska Department of Health and Human Services or the U.S. Centers for Medicare and Medicaid Services. These agencies can investigate and penalize facilities that violate elder care standards.
How Can an Omaha Nursing Home Abuse Attorney Help?
Dealing with nursing home abuse is emotional and overwhelming—but you don't have to face it alone. An experienced Omaha nursing home injury lawyer can guide you through the process and fight for your family's rights every step of the way. Your attorney can:
- Investigate the abuse and gather key evidence to build your case
- File formal complaints with the appropriate state and local authorities
- Consult with medical experts to assess the extent of your loved one's injuries
- Handle all communication and negotiation with the nursing home's representatives
- Advocate for your loved one's rights in court if a fair settlement cannot be reached
No one should have to suffer abuse, especially in a place that promised to provide care and comfort. If you think your family member is being mistreated in an Omaha nursing home, take immediate action to protect your loved one and hold the abusers accountable.
At the Law Office of Matthew A. Lathrop, we understand the devastation and betrayal that comes with nursing home abuse. Our legal team has extensive experience standing up for the rights of elders and their families in Omaha and throughout Nebraska. Together, we’ll fight for the justice your family deserves.