How to Remove Your Loved One From A Nursing Home

Nursing Home Abuse and Neglect,Personal Injury - July 24, 2020 by Horwitz, Horwitz & Associates

Most people do not consider the possibility of having to remove a loved one from a nursing home. However, the majority of individuals want the necessary care for their loved ones for as long as possible. Unfortunately, there are risks when loved ones are placed in nursing homes, such as neglect or abuse. If you need assistance today on the process of how to remove a loved one from a nursing home due to negligence or abuse, we have provided some important information in order to help you start the process.

how do you get someone out of a nursing home

Reasons for leaving a nursing home

There are numerous situations in which a patient can be removed from a nursing home. However, an elderly patient also has the option of leaving a nursing home based on their own decision. Most patients usually have this option to leave or relocate from an adult care facility, with the exception of patients that are mentally unable to make the decision and have no family member designated to do so. Other situations that can cause an elderly patient to be removed from a nursing home would be the following:

  • The adult care facility not being ideal for the patient due to a lack of certification to handle the medical needs of an elderly patient with specific health conditions.
  • The elderly patient makes the decision to leave the facility. However, if the patient is diagnosed with cognitive issues, the decision of facility movement or check-out is given to the legal advocate designated to them, which can be anyone that has been given the power of attorney by the patient or by the court.
  • A patient is removed from a nursing home due to suspicion of nursing home abuse or negligence, which also involves contacting authorities for an investigation of the facility. If elder abuse or neglect has occurred from the facility staff, other patients are likely to be experiencing similar issues.
  • A nursing home facility legally removes or relocates an elderly patient against their wishes, which can occur in certain cases, such as the facility being unable to provide capable treatment or the patient being disruptive.
  • The nursing home facility attempts to remove or transfer a patient illegally.

If a forced removal is necessary, a thirty-day notice should be given to the patient and their advocate. The facility is then required to supply reasons for the transfer or removal and provide instructions to the patient on how to file a nursing home appeal.

Removing a family member from a nursing home due to COVID-19

Due to the recent pandemic or COVID-19, nursing home facilities throughout the nation have experienced rapid infection cases. As a result, families are considering the idea of not leaving their loved ones in the care of nursing home facilities.

While regulations do allow an elderly patient to leave a facility, it is also advised that the process should be carefully thought through, including assessing the safety or accessibility of your home. Sustaining your loved one’s prescriptions and handling their day-to-day care can be overwhelming. It could also be difficult to transition your loved one back into a facility if situations change.

However, there is not a specific way to handle this problem, and taking your loved one from a nursing home facility is based entirely on your situation.

What to do if you suspect nursing home neglect

The majority of nursing home facilities have the ability to provide the necessary care for their elderly patients. However, if there is reasonable suspicion of nursing home neglect or abuse, do not allow the incident to continue and take action. If you suspect nursing home abuse, you need to do the following as soon as possible:

  • Ensure that your loved one is safe, and potentially move them from the nursing home facility
  • Discuss with you loved one on how or to what extent they were harmed or neglected
  • Talk with the facility administrators about your concerns, as they should have a grievance resolution process that can be followed
  • File a complaint with the appropriate state agency if the facility’s response to your concerns is inadequate
  • Document relevant information, events, and concerns that may lead to suspicions of neglect or abuse
  • Discuss the possible damages your loved may have sustained with a Chicago Nursing Home Abuse Lawyer in order to secure the compensation you need for them to recover

If you are in need of an Illinois injury attorney, contact Horwitz, Horwitz & Associates today for a free consultation of your case by clicking here or calling us at (800) 985-1819.