We put a lot of trust in nursing homes and assisted living facilities when they are taking care of our loved ones. Nursing homes have a lot of responsibilities, and most perform their work admirably. Unfortunately, not every nursing home or assisted living facility operates as it should.
At the very least, nursing homes need to be transparent about what happens when your loved one suffers a severe injury. The same applies when there are allegations of elder abuse or other crimes. When these incidents happen, licensed nursing homes and assisted living facilities must write an incident report.
As the person responsible for ensuring your loved one is being treated well, you might want a copy of any reports of incidents in which your loved one was involved. However, incident reports often contain embarrassing information for the care facilities and open them up to increased liability. For this reason, nursing homes are not always completely forthcoming. If you want a nursing home incident report, you may need the help of an experienced California nursing home abuse lawyer.
Why Do You Need An Incident Report?
Picture this scenario. Your loved one was doing relatively well when, suddenly, you visit them at the assisted living facility and they have a broken arm. When you ask your loved one what happened, they tell you it was just an accident and refuse to elaborate further.
Knowing the broken bone was due to an accident does not tell you much. Was the accident due to the negligence of staff? Did unsafe conditions in the nursing home lead to a slip-and-fall accident? Is there anything else surrounding the incident that may indicate poor treatment or the negligent operation of the facility?
All these questions are relevant to your decision to keep your loved one in the assisted living facility and what action you should take to best to protect your loved one’s legal rights.
An assisted living facility incident report will help you answer these questions. Whether the incident is a broken arm, allegations of abuse, or allegations of mistreatment, the report should provide you with the most accurate picture of what happened.
What Information Is In An Incident Report?
An incident report should include an investigation into what caused the incident. The report should contain statements from everyone directly involved in the event that caused the incident or witnessed the event. It should also include a determination as to who or what caused the incident. A proper report will highlight and address any inconsistencies in the witness statements.
After reading the nursing home incident report, you will better understand what caused the incident. If no cause was determined, the report might provide evidence and the names of witnesses you can investigate further. An experienced elder law attorney can use the incident report to determine if the nursing home is likely liable for the incident.
Common Events That Require An Incident Report
Nursing homes and assisted living facilities must file incident reports after any allegation of abuse or serious injury. Common injuries that might require an incident report include:
- Severe and unexplained bruising,
- Deep and unexplained lacerations,
- Broken bones,
- Severe head trauma,
- Significant bed sores, and
- Other unexplained injuries.
If your loved one experiences any of these injuries at a nursing home or assisted living facility, there should be an associated incident report. Further, if your loved one alleges they or someone else was the victim of theft, physical assault, sexual assault, or emotional abuse, the facility must file an incident report. In these situations, an incident report is necessary whether the alleged perpetrator was a staff member or fellow resident.
How To Ask For A Nursing Home Incident Report
Most nursing homes would prefer that you do not have access to incident reports involving your loved ones. The most reliable way to get a nursing home incident report is to work with an experienced attorney. Silva Injury Law can help. Our attorneys promote healing through compassionate and effective advocacy. We can guide you through obtaining a nursing home incident report. Once you have received the report, we can help you understand it and decide on the next steps. Contact Silva Injury Law today for a free consultation.
Find Out How We Can Help
At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.