3 Facts About Fear of Retaliation from Consumer Voice

The fear of retaliation is a common result of consistent abuse. As a result, care facility residents and their families might keep quiet about their needs, neglect, and abuse, simply to prevent worsening circumstances. Fear of retaliation is almost a hidden form of abuse within nursing homes because both the retaliatory action and the fear can be subtle. Recently, Consumer Voice released a fact sheet regarding the fear of retaliation. Here are three facts you need to know.

Fear of Retaliation

In our previous post concerning the fear of retaliation, we noted that the retaliation in question is classified as abuse. Physical abuse, verbal abuse, and neglect are all ways to retaliate against a resident who makes a complaint or criticism of their care. As a result, residents may stop bringing issues to the attention of nursing home staff and administrators, fearing that their care will worsen instead of improve. 

Obviously, this fear of retaliation only serves to worsen living conditions, endanger the lives of residents, and perpetuate abusive circumstances. It is an issue that demands our attention as advocates. Because, if residents cannot voice concerns without negative consequences, then all of our work to improve nursing home living is in vain.

3 Facts About the Fear of Retaliation

• The facility, not the resident or family member, has the responsibility to stop retaliation from occurring. The Consumer Voice fact sheet makes it clear that the fear of retaliation stems from the facility’s failure to properly vet, train, support, and regularly evaluate staff. It is up to the facility to keep an eye out for retaliation behaviors from their staff, and hold staff to high standards of care, regardless of what complaints are made by the resident or their family.
• Being aware of your resident rights is key. Knowing your rights—regarding your care, standard of living, etc.—is vital to combatting both retaliation and the fear of retaliation. Your rights make it clear that retaliation is not acceptable no matter what, you have the right to speak freely with administration, you have the right to be treated with respect and dignity, and you have the right to contact an ombudsman or representative for help.
• Utilize the Grievance Process. Every facility is required to have a grievance process and representative. If you do not wish to make a complaint directly to care staff, or if you’re nervous about saying something, know that the facility must hear and address all grievances through an official process. 

“When a resident files a grievance the nursing home must provide a written summary of its investigation and the results, including any corrective action to be taken because of the grievance. Nursing home regulations specifically state residents have the right to voice grievances without discrimination or reprisal – in other words, without facing retaliation.”

If you or a loved one has been the victim of neglect or abuse, call Gharibian Law (866-706-6185) today for a FREE consultation and the best legal representation.