Actively participating in the elder law industry is one of the best parts of our jobs here at Gharibian Law. One of the ways we do that is by lending expertise and insight to articles. Recently, Art Gharibian contributed to two Super Lawyer articles discussing when to consult a lawyer and how to address concerns in nursing homes. We wanted to share a few takeaways from those articles.
Activities of Daily Living (ADLs)
Complaints in nursing homes can span the spectrum, from problems arising out of a lack of staff (like slow response times), to physical abuse. However, one of the most common complaints, according to Art Gharibian, surround activities of daily living (ADLs). ADLs include the regular, day-to-day hygiene such as showering, eating, and using the restroom. These common, necessary daily tasks are non-negotiables – every resident has the right to have these needs attended to without exception.
From the article: “For example, we often hear complaints about food not being given on time or at all—or that nursing home staff hasn’t provided the resident with assistance in eating,” Gharibian says, resulting in weight loss and even malnutrition.
Staff Shortages
It’s no secret that staff shortages have been at the heart of our advocacy over the past few years. It is an issue that continues to plague the industry. However, it has attracted attention over the last few months, even making it onto the radar of the Biden administration.
From the article: “I think that, for the most part, nursing home staffing has always been lacking. You’ll never get a place with more staff than it needs. So, you have a certified nursing assistant watching over 10 or 15 residents with high acuity levels. But there’s only so much one person can do, right?”
Report Nursing Home Problems
“A more serious step you can take is to file a complaint with your state’s agency that oversees the enforcement of nursing homes — typically, the Department of Health.”
Sometimes, speaking with the nursing home administration is not enough. Either they are unable to solve the problem, do not have the resources, or worse, are apathetic to the problem. Especially if there is on-going neglect or abuse, it is vitally important to report the nursing home problems to a higher authority: the Department of Health. It may be intimidating, but you cannot be afraid to advocate on your own behalf or on the behalf of a loved one, and ensure the rights of all are being upheld. Learn more about how to report nursing home problems, and reach out if there is a problem.
Read the full Super Lawyer article here.
If you or a loved one have been the victim of abuse or neglect, call Gharibian Law (877-460-1187) today for a FREE consultation and the best legal representation.
