It's hard to believe that the care facilities in which we entrust our loved one's health and wellbeing to are very often undeserving of such. The same instances of physical violence, emotional abuse, and neglect that exist outside of professional care facilities abound within the operations of some nursing homes throughout the United States as well. For this reason, it is of the utmost importance that nursing home residents and their families know the legal rights entitled to them and how they can proceed to take legal action when abusive behaviors plague the ones they love.

Several reports have been issued which warn against the dangers of nursing home abuse and neglect. How to identify the signs and symptoms of malpractice and abusive behaviors within the system is certainly the first step in putting an end to a problem with which no one should have to be concerned. However, it is important to make the distinction that this is indeed only the first step. The most crucial step, perhaps, being what you do with the information you gain after recognizing that abusive behaviors and misconduct are plaguing the life of an elderly individual who is housed and cared for in a nursing home facility.

Senior care facilities are required to provide literature – written policies – that specifically address the issue of nursing home abuse and/or neglect and how it will be prevented at the facility providing care. Not only must these policies be documented, they are expected to be actively practiced by all care providers who work there. These are regulating procedures which all residents must be made aware of prior to being admitted to the facility; upon admission, the documents must be issued to each new resident. Furthermore, they should always be accessible for anyone wishing to review the policies again. Failure to provide this type of information should be the first indication that the facility you are interested in – or already living at – may be in the habit of operating in the unfair treatment of its patients/ residents.

Elderly individuals who choose to reside in a nursing home facility are legally granted the "right to know," meaning that they are entitled to full knowledge of the services which will be offered to them during their stay. In addition, elder care residents have the right to know how these services will be administered, the cost of the services, and how to voice any complaints they may have if they feel the services are not being met. Along with their right to know, elders are also entitled to the right to choose. It must be allowed for resident to have access to their personal medical records; it must be allowed for residents to actively participate in the decision-making process of their treatment plan, even if it involves a refusal of treatment. Being provided with the opportunity to take part in these important life decisions is a right not meant to be denied; and, it is one that will likely be denied if the nursing home is of the practice of misconduct or mistreatment.

Denial of these simple rights is good cause to take legal action. More likely than not, a nursing home that engages in abusive or neglectful behaviors will not be apt to provide its residents with other rights such as the right to know and the right to choose. These issues, along with the heart of the matter (i.e. the actual abuse or neglect taking place) are ones that can be brought to court in a criminal proceeding. Legal action can be taken in one of two ways: either by filing a civil lawsuit or by pressing charges in a criminal case in which the prosecution represents the state and you will testify on behalf of the prosecution. In the end, both could be beneficial to systematically putting an end to the abuse and neglect that currently haunt some nursing home facilities.