Care facility abuse is a growing concern in Michigan, affecting some of the state's most vulnerable populations—elderly and disabled individuals who rely on nursing homes and assisted living facilities for care. This abuse can take many forms, including physical, emotional, financial, or neglectful mistreatment, and it can have devastating consequences for both the victims and their families.

What is Care Facility Abuse?

Care facility abuse refers to any action or inaction by a caregiver that causes harm, injury, or distress to a resident of a nursing home or assisted living facility. This mistreatment can be deliberate, such as physical violence or financial exploitation, or it can be the result of neglect, where residents’ basic needs like food, hygiene, and medical care are ignored. Common forms of care facility abuse include:

• Physical abuse: Hitting, slapping, or using excessive force, resulting in bruises, broken bones, or other injuries.
• Emotional abuse: Intimidation, humiliation, or isolation, which can cause fear, anxiety, and depression.
• Financial exploitation: Stealing money or valuables, coercing residents into changing their financial documents, or misusing power of attorney.
• Neglect: Failing to provide adequate food, water, medical care, or assistance with personal hygiene, leading to malnutrition, dehydration, bedsores, or untreated health conditions.

If you suspect that your loved one has been a victim of care facility abuse in Michigan, it is important to understand that there are legal options available. Michigan law provides protections for residents of nursing homes and assisted living facilities, and there are pathways to hold abusive caregivers and negligent facilities accountable for their actions. Knowing these rights can empower families to take the necessary steps to ensure justice for their loved ones.

Legal Rights of Victims in Michigan

Michigan’s Care Facility Regulations

Michigan has enacted several laws to regulate the quality of care in nursing homes and assisted living facilities, aiming to protect elderly and disabled individuals from abuse, neglect, and exploitation.

• Michigan Public Health Code: This code outlines the responsibilities of nursing homes and care facilities in Michigan. It mandates that these facilities provide a safe environment and meet the basic needs of residents, including proper medical care, nutrition, hygiene, and protection from abuse. Violations of these standards can result in fines, loss of licensing, or other penalties.
• Adult Protective Services Act: Under this law, Michigan's Adult Protective Services (APS) is responsible for investigating reports of abuse, neglect, and exploitation of vulnerable adults, including those living in care facilities. The act provides protections for adults who cannot defend themselves due to physical or mental impairments and ensures that reports of abuse are investigated promptly.

Specific Protections for Elderly and Disabled Individuals

In addition to these general regulations, there are specific protections for elderly and disabled individuals residing in care facilities:

• Residents must receive adequate care: Michigan law requires that care facilities provide proper medical, personal, and emotional care for all residents.
• Right to be free from abuse: Residents are legally entitled to live free from any form of abuse or neglect, including physical, emotional, sexual, or financial abuse.
• Right to dignity and respect: Facilities are obligated to treat residents with dignity and respect, ensuring their privacy, autonomy, and freedom from unnecessary restraints.

Federal Protections for Residents

In addition to Michigan’s laws, federal regulations also safeguard the rights of care facility residents, most notably through the Nursing Home Reform Act (NHRA) and the Resident’s Bill of Rights.

• Nursing Home Reform Act (NHRA): Enacted in 1987, the NHRA sets national standards for nursing home care, ensuring that residents receive quality services that promote their physical, mental, and emotional health. The law mandates that facilities create individualized care plans for each resident and establishes guidelines for staffing, nutrition, and resident safety.
• Resident’s Bill of Rights: This bill guarantees certain fundamental rights to all nursing home residents. These rights include:
  • The right to be treated with dignity, respect, and privacy.
  • The right to participate in decisions about their care and treatment.
  • The right to voice grievances without fear of retaliation.
  • The right to live free from physical or chemical restraints unless medically necessary.

Reporting Care Facility Abuse

If you suspect that a loved one is experiencing abuse in a care facility, taking immediate action is essential. Michigan provides several avenues for reporting abuse and protecting vulnerable individuals.

• Contacting Adult Protective Services (APS): APS is responsible for investigating reports of abuse, neglect, or exploitation of vulnerable adults, including those living in care facilities. You can contact APS to report suspected abuse, and they will conduct an investigation to determine the validity of the claim and take appropriate action.
• Long-Term Care Ombudsman: Michigan’s Long-Term Care Ombudsman program serves as an advocate for residents of nursing homes and other long-term care facilities. The Ombudsman works to resolve complaints made by or on behalf of residents and can help address issues of abuse, neglect, or poor care within facilities.
• Local Authorities: In cases where immediate danger is present, or criminal activity is suspected, contacting local law enforcement is a critical step. The police can investigate criminal conduct, such as physical abuse, financial exploitation, or sexual abuse, and take necessary action against the perpetrators.

How Family Members Can Advocate for Victims

Family members play a crucial role in detecting and reporting care facility abuse. If you suspect abuse, here are some steps you can take to advocate for your loved one:

• Gather evidence: Document any physical signs of abuse, changes in behavior, or suspicious financial activity. This may include taking photographs, collecting medical records, or keeping a journal of concerning interactions with caregivers.
• Report the abuse: Contact the appropriate agencies, such as APS, the Ombudsman, or local law enforcement, to report your concerns. Provide as much detailed information as possible to aid in the investigation.
• File complaints with state agencies: In addition to reporting the abuse to APS or local authorities, you can file a formal complaint with Michigan’s Bureau of Community and Health Systems, which licenses and oversees nursing homes and other care facilities. This can lead to regulatory action against the facility, including fines, sanctions, or loss of licensing.

Legal Options for Victims of Care Facility Abuse

Filing a Civil Lawsuit

One of the primary legal options for victims of care facility abuse is filing a civil lawsuit. These lawsuits aim to recover financial compensation for the harm inflicted on the resident, whether it is physical, emotional, or financial in nature.

• Personal Injury Claims: Victims can pursue personal injury claims if they have suffered physical or emotional harm due to abuse or neglect. Personal injury lawsuits allow victims to seek compensation for:
  • Medical expenses: This includes costs for hospital visits, surgeries, medication, and ongoing treatment related to injuries sustained from the abuse.
  • Pain and suffering: Compensation may also cover the emotional distress and psychological impact of enduring abuse or neglect.
  • Other damages: This could include costs for rehabilitation, therapy, or relocation to a safer facility.

Wrongful Death Claims

In tragic cases where abuse or neglect results in the death of a resident, families have the legal right to file a wrongful death claim. These lawsuits aim to hold care facilities accountable for the preventable death of their loved ones.

• Who can file a wrongful death claim? Typically, close family members such as a spouse, child, or personal representative of the deceased’s estate may file this type of lawsuit.
• What damages can be recovered? Families may seek compensation for:
  • Funeral and burial expenses
  • Medical costs incurred before death
  • Loss of companionship or emotional support
  • Financial support lost due to the death

Class Action Lawsuits

In some instances, abuse or neglect is not limited to one individual but is part of a systemic problem within a care facility. When multiple residents are affected, they may join together to file a class action lawsuit.

• When is a class action appropriate? Class actions are often filed when:
  • There is widespread abuse or neglect affecting many residents.
  • A facility has consistently failed to meet care standards, resulting in harm to numerous individuals.

Class action lawsuits can be powerful legal tools, allowing multiple victims to pool their resources and seek justice collectively. This type of legal action also has the potential to create significant changes within care facilities, such as improved policies, staffing, and training.

Filing Complaints with Michigan’s Licensing Agency

Another option for addressing care facility abuse is filing a formal complaint with Michigan’s Bureau of Community and Health Systems (BCHS), the state agency responsible for licensing and regulating care facilities.

• How to file a complaint: Families or victims can submit a complaint directly to the BCHS, detailing the abuse or neglect they’ve experienced or witnessed. Complaints can often be filed online, by phone, or through mail.
• What happens after filing a complaint? The BCHS will conduct an investigation into the facility. If they find violations of Michigan’s care facility regulations, they may impose:
  • Fines for non-compliance.
  • Penalties that could range from corrective actions to increased monitoring.
  • Revocation of the facility’s license, effectively shutting down operations if conditions are deemed too dangerous for residents.

Criminal Prosecution

In severe cases where the abuse rises to the level of criminal conduct, such as assault, sexual abuse, or severe neglect leading to death, victims or their families may pursue criminal prosecution against the abuser.

• How criminal prosecution works: Families or victims can contact local law enforcement or prosecutors to report the criminal activity. Once reported, the police and legal authorities can investigate the claims and, if sufficient evidence exists, bring criminal charges against the individual(s) responsible.
• Potential penalties for abusers: If convicted, abusers may face significant consequences, including:
  • Jail or prison sentences for serious offenses like physical or sexual abuse.
  • Fines and criminal restitution to help compensate victims for their suffering.
  • Probation and mandatory removal from positions of caregiving.

Marko Law

If you or someone you love has experienced care facility abuse, the first step toward justice is contacting an experienced attorney who can guide you through the legal process. An attorney can help you understand your rights, gather evidence, and build a strong case against the facility or individual responsible for the abuse.

If you or a loved one has experienced care facility abuse in Michigan, contact Marko Law today for a free consultation. Our team of dedicated attorneys will fight to get you the justice and compensation you deserve. Call us at 1-833-MARKO-LAW or visit MarkoLaw.com to learn more.