How Can You Report Suspected Nursing Home Abuse in Oregon?

Abuse in nursing facilities is a sickening reality of the experience. However, you aren’t powerless to stop or prevent it. The first step to standing up for vulnerable adults is by reporting suspected abuse. When you file a report with the Department of Human Services, you start the process of an investigation and scrutiny of the daily behavior and procedure in the facility. You don’t have to have a Portland nursing home abuse attorney to file the report. Still, in many circumstances, you may benefit from speaking with a Paulson Coletti lawyer to discuss options for protecting the rights of your loved one. In many situations, people may be unsure where to report concerns. Thankfully, resources are available to help.

Reporting Suspected Nursing Home Abuse in Portland

Reporting Nursing Home Abuse

When you determine that you have a reasonable concern about the abuse or neglect of a nursing home resident, you can turn to Oregon DHS, Adult Protective Services. You can make a general APS report by phone, and an intake worker will make a report of your concerns and get it to the next appropriate worker. However, reporting a nursing facility can be done by phone or by contacting the Oregon Department of Human Services Nursing Facility Complaint Unit. Some of the  information they may ask is:

When you make your report, it will undergo a triage process to determine the best place to direct information. If your reported concern meets the criteria of abuse, it will be sent on for further investigation. Based on the Oregon DHS Year in Review document for recent years, around 30% of all APS reports were related to a nursing facility or long-term treatment facility.

Adult Protective Services Report Response

When a report is made, Oregon DHS is required to triage the need level to determine the appropriate response time. The Oregon Adult Protective Services policy manual states that a report of nursing home abuse falls into three response time categories. These criteria and their associated response time may be helpful to understand when you make your report.

Immediate

An immediate response time is reserved for emergency cases. This would include times when someone is in clear and present danger of harm, actively being injured due to criminal activity, someone’s life is in jeopardy, or there is some other medical or fire emergency. In these cases, 911 will typically be called, and an APS worker will be called to the scene immediately.

End of Same Working Day

When the alleged victim appears to be in imminent danger, the investigation must be started within the same working day. These are cases where there may be ongoing concerns of abuse that may escalate soon, but the resident is not in immediate life-threatening danger. An example of a same-day call may be reports of bruises or physical abuse that are not life-threatening or severe medical neglect that has caused significant illness or infection.

End of Next Working Day

Concerns regarding ongoing situations that do not pose an imminent danger or appear to be at risk of escalation in the immediate future may be categorized as a next-working-day response. These may be cases that the department does not believe will be changed with an immediate response or have a lower level of threat to the resident.

Mandatory Reporting

Much like any other state, Oregon has a mandatory reporter status for private or public officials. Oregon code 124.050 defines a public or private official as a service provider. This title covers many professions, including:

This list is not exhaustive, and those with the status should receive a notification form that is signed and filed with the agency requiring it. If you meet the criteria of being a mandated reporter, you have a legal obligation to report abuse or neglect in vulnerable populations. These may be children, adults with disabilities, or adults over 65 years old. Failing to report abuse where you are legally required may bring significant consequences.

Legal Implications of Mandated Reporting and Nursing Home Abuse

You may be curious about the mandated reporter requirement for nursing home abuse. Ideally, this means that any providers within the facility will report concerns before they become ongoing. However, failure to fulfill your duty as a mandated reporter may result in a class-A violation and a significant fine. Further, the defendant who failed to report may open themselves up to civil lawsuits to reclaim damages in addition to the criminal violation.

Suppose your loved one has been abused or otherwise victimized in their nursing home, and others in the facility failed to report it. In that case, they may be eligible for compensation to recover damages for the injuries or duress they experienced during the periods of abuse. You can speak with a nursing home abuse attorney with Paulson Coletti Trial Attorneys to determine what you or your loved one may be eligible for.

In more extreme cases that result in the loss of your loved one, you may also consider taking civil action. In circumstances like this, certain family members may be eligible to file a lawsuit with a wrongful death attorney in Portland to recover compensation for medical and funeral expenses related to the deceased. Depending on the specific circumstances, there may be multiple parties that can be held accountable for the abuse and loss of your loved one.

Reporting Suspected Nursing Home Abuse

Filing a report with APS can be intimidating for many. Whether you are a loved one on the outside or otherwise affiliated with the facility, Oregon has laws to protect you if you make a report in good faith. Oregon values the anonymity of those who take action to protect the community’s vulnerable populations. This can be stressful for anyone, especially when you aren’t sure what is happening once the report has been filed. In cases like this, you can support the resident by being present and letting them know they have people looking out for them.