What can I do about nursing home neglect?
Long Term Care Homes Act
Making the difficult decision to move into a long-term care home (sometimes called a nursing home) or to move your loved one into such a home, is usually made easier with the thought that the home will be a safe space that will take care of the individual’s special needs. In fact, this is the expectation of the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8 (“the Act”), which governs licensed long-term care facilities in Ontario. The fundamental principle to be applied in the interpretation of the Act is that a long-term care home is to be operated in a way to allow residents to “live with dignity and in security, safety and comfort and have their physical, psychological, social, spiritual and cultural needs adequately met.” Under the Act, long-term care homes are mandated to protect residents from abuse and neglect. What happens when you discover that this duty has been breached?
There are several avenues to pursue by a victim or their loved ones that will not only serve to stop and remedy the abusive or negligent actions but may also have the effect of protecting other vulnerable individuals from receiving the same or similar mistreatment. An immediate step that can be taken is to make a complaint to the long-term care home directly and/or file a complaint with the Ministry of Health and Long-Term Care (“the Ministry”). Where information is received by the Ministry indicating that abuse or neglect may have occurred, an inspector will conduct an inspection or make inquiries for the purpose of ensuring compliance with the requirements under the Act, which includes making an immediate visit to the facility. This approach can therefore help ensure that a potentially dangerous situation is being addressed and remedied.
Legal Action
Depending on the circumstances, legal action may also be appropriate. Legal action can take the form of criminal charges, where warranted, and/or civil lawsuits. If physical or psychological harm has resulted from the negligent and/or abusive actions of a long-term care home, a civil lawsuit is the vehicle by which a victim can recover compensation for their pain and suffering, as well as pecuniary damages. To successfully advance a claim, consideration will be given to whether the standard of care has been breached based on the evidence and the extent of the damages suffered.
If you believe that you or a loved one has been the victim of long-term care home abuse or neglect, contact Singer Kwinter today for a free consultation.
