Nursing Home Justice Blog

How to Remove a Loved One from a Nursing Home

Written By:

Attorney Mac Hester

Date Posted:

August 31, 2023

Nursing home care is an optional service for those with conditions that make it challenging to navigate daily life. Individuals are by no means obligated to go to a nursing home if they don’t wish to, and residents have the right to leave the nursing home at any point—especially if they’re being abused or neglected.

To ensure your loved one receives the care they deserve, your only option might be to remove them from their current facility. Make sure to reach out to a Colorado nursing home lawyer to help you navigate the process, and recover any compensation you may be entitled to.

Here’s more on when you should remove a loved one and the steps you can take to do so.

Common Reasons to Remove a Loved One from a Nursing Home

You might consider removing your loved one from a nursing home for the following reasons:

Nursing Home Abuse

You might see unexplained bumps or bruises on your loved one, or you notice that they seem uneasy around staff members. These could be signs that your loved one is suffering from physical abuse at their assisted living facility.

Nursing homes also abuse residents emotionally by yelling, intimidating, or isolating them. Pay attention to the subtle mood changes and withdrawn behavior common in emotionally abused residents.

Nursing Home Neglect

You might consider removing your loved one from a nursing home if you feel their basic needs aren’t met. For example, some residents require assistance with daily activities, such as dressing, eating, and going to the bathroom. Neglected residents might sit in soiled clothes for long periods and appear malnourished.

Changes in Condition

If your loved one’s condition has worsened and the nursing home lacks the resources to care for them, you might consider transferring them to a new facility. For example, your loved one might have developed Dementia or Alzheimer’s in their old age, resulting in the need for special memory care units.

Similarly, if your loved one’s health improves, they may no longer require nursing home care. This is common for residents in short-term care facilities recovering from surgeries or other temporary conditions.

Lack of Nursing Home Qualifications

The companies that manage nursing homes must ensure that all facilities have proper licenses and hire qualified staff members to care for residents. If your loved one’s nursing home is operating without a license, you should remove them and report the nursing home immediately to the Board of Examiners of Nursing Home Administrators.

Nursing Homes Might Try to Remove Your Relative Illegally

It’s worth mentioning that nursing homes might try to evict your loved one without cause. According to the American Council on Aging, nursing homes illegally evict residents for the following reasons:

  • A resident’s Medicare coverage ended
  • The resident has no funds and is waiting on a pending Medicaid application to acquire more
  • The nursing home claims that it can no longer meet the resident’s needs
  • The resident leaves temporarily to go to the hospital and is not allowed to return to the nursing home, also known as “hospital dumping.”

How to Remove a Loved One from a Nursing Home

When you suspect abuse or neglect, you should follow these steps to remove your loved one from the nursing home immediately: 

  • Notify the Facility – You might be required to notify the nursing home when you remove your loved one. Depending on the facility, you might have to follow specific discharge procedures or submit paperwork.
  • Report Any Misconduct – There could be several reasons why you chose to remove your loved one from the nursing home. If your loved one suffered from abuse, neglect, or other misconduct, be sure to report the incident. Contact your local ombudsman, the Colorado Department of Public Health & Environment, or the nursing home to report abuse.
  • Research Other Living Options – If you plan to transfer your loved one to another facility, thoroughly research your options. Your decision ultimately depends on your loved one’s needs and the facility’s ability to fulfill them. Does your loved one require 24-hour supervision? Would they benefit from a facility with a memory care unit? Does the facility offer plenty of group activities?
  • Contact an Attorney –If your loved one was seriously injured due to the nursing home’s negligence, you could be entitled to financial compensation. Your nursing home abuse attorney can examine the evidence in your case and find who’s liable for your damages. 

Let Nursing Home Justice Gain Respect for Your Family

In a perfect world, nursing homes would care for your loved ones properly, treating them with dignity and respect. However, overstaffed and inexperienced nursing homes make it impossible for your loved one to recover, and residents often become victims of abuse and neglect.

When you need help recovering financial compensation from a negligent nursing home, you can call Nursing Home Justice to speak with a skilled Denver nursing home abuse lawyer. Our lead attorney, Mac Hester, has over 35 years of legal experience and will personally handle your case. Contact our office today for a free consultation at (970) 493-1866.

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