What to do if You Suspect Mistreatment at Facility

If you suspect a loved one is receiving improper treatment or care in a nursing facility, assisted living facility, or adult care facility there are steps and actions you can and should take. But first...

  • Know your loved ones rights. Right’s of residents should be provided at time of admission for nursing facilities, assisted living facilities and adult homes. If not, ask for a copy at the admissions office.

  • Visit frequently. Vary your visits to different times of the day and evening to assess the care provided during all times of the day, night, weekends and holidays.

  • Join the Residence’s Family Council. The main purpose for having family councils is to protect and improve the quality of life in the home and with the long-term care system as a whole.

  • Talk about your concerns. Make the residence’s Director of Nurses, Social Worker, Doctor and Administrator aware of your concerns.

  • Know the signs of Abuse:

Physical Abuse – can include unreasonable physical restraint, deprivation of food and water, giving too much medication, or not enough medication, unexplained injuries, forcing an older person to stay in a room

Neglect- lack of care for existing medical problems, disregard for activities of daily living, bed sores

Verbal/Emotional Abuse- Humiliating, insulting or threatening, or ignoring behavior toward family and friends.

To learn more about the different forms of abuse call the New York State Office of Children and Family Services at 518-473-7793 or visit www.ocfs.state.ny.us/main/psa. If you suspect that your loved one is being mistreated or abused, you should immediately speak directly with the staff Supervisor. If this does not remedy the situation, then you can follow these steps:

1. Call your local Ombudsman

Nassau County: Margaret Hromada- 516-466-9718 mhromada@familyandchildrens.org

Suffolk County: Joan Burke -631-427-3700 x273 Jburke@fsl-li.org

New York State: Mark Miller –800-342-9871 mmiller@ofa.state.ny.us


2. File a Complaint with the State Office for Licensing and Certification-

For Nursing Homes - The New York State Department of Quality and Surveillance of Nursing Homes is responsible for investigating complaints and incidents for Nursing Homes in New York State. The hotline can be called 24 hours per day.

Telephone number- 1-888-201-4563

Assisted Living and Adult Care Facilities -The hotline is available 24 hours a day,

Telephone number-1-866-893-6772


This Memorandum is based on current law and is for informational purposes only. It is important that you discuss all legal options and consequences with a qualified elder law attorney prior to any action. No warranty is made for the accuracy of phone numbers or email addresses. Should you wish to discuss your situation with us, please call (631) 424-2800 for a consultation. For additional Memoranda, please call or visit our website at www.elderlaw.pro.