As personal injury lawyers in Ontario, we have a unique responsibility to advocate for some of the most vulnerable members of our society—residents of long-term care homes. One in five people over the age of 80 have complex care needs that require long-term care. Unfortunately, Ontario’s system is not equipped to manage current or future care needs. Approximately 48,000 elderly individuals are waiting for placement in long-term care. This waitlist has doubled over the past ten years and it is expected to increase to over 50,000 people in 2025. By 2029, long-term care homes will require more than 58,600 additional nurses and personal support workers (PSWs), more than double the current long-term care workforce.
Allegations of negligence and abuse, most recently noted in the troubling class action lawsuit brought against Chartwell that has been recently certified (see decision here), spotlight the urgent need for systemic changes to protect these residents. Together with a consortium of highly experienced law firms, Neinstein LLP is proud to represent residents and loved ones in the Chartwell class action.
Understanding Negligence and Abuse in Long-Term Care Homes
Negligence in long-term care homes can manifest in various forms, including inadequate staffing, lack of proper medical attention, and poor living conditions. These individual instances not only harm residents but also reflect a broader, systemic culture of neglect. The recent class action suit against Chartwell that Neinstein LLP has brought together with Rochon Genova LLP and Will Trial Lawyers, serves as an alarming example of how widespread such alleged issues can be.
Practical Steps for Addressing Negligence and Abuse
If you suspect that a resident is experiencing abuse or negligence, numerous steps can be taken to address the situation effectively.
1. Document Your Observations
It’s very important to keep thorough records of any instances of neglect or abuse witnessed or reported. Note dates, times, specific incidents, and any witnesses. At Neinstein LLP, we emphasize the importance of collecting and preserving detailed documentation to our clients at the outset. This helps build a strong case, as it serves as important evidence in your fight for justice. For example, if a resident or family members have utilized nanny-cams or other forms of video supervision, these can be crucial in proving alleged negligence. The lawyers at Neinstein LLP have used nanny-cam and video evidence in examinations for discovery to highlight the stark contrast between what a resident’s care records indicate a nurse or PSW did on a particular day with what actually happened.
2. Report to the Long-Term Care Home Administration
Firsthand reporting to the administration of the long-term care home is encouraged. Residents or their family members can file a formal complaint or request an internal investigation. Although this step may vary in effectiveness, it is often the first avenue for addressing concerns and helps document those concerns and capture them in a more contemporaneous fashion.
3. Utilize the Ministry of Long-Term Care Action Line
In addition to internal reporting, which often does not yield satisfactory results, reaching out to the Ministry of Long-Term Care can be a pivotal next step. The Ministry’s Action Line is designed to handle complaints relating to long-term care homes. They have the authority to investigate allegations and enforce measures aimed at improving care standards. These investigations also result in Ministry Report with findings related to alleged negligence, so at Neinstein LLP, this is one of the first steps we encourage resident’s or family members to take. From a practical standpoint, the findings that come out of Inspection Reports are frequently used to support allegations of negligence.
The Ministry of Long-Term Care’s Long-Term Care Family Support and Action Line can be reached at 1-866-434-0144. This toll-free number is available 7 days a week from 8:30 AM–7 PM.
4. Consult with a Lawyer
When navigating complex legal landscapes, consulting with a lawyer experienced in personal injury and elder law can provide invaluable guidance. Our team of dedicated lawyers at Neinstein LLP have considerable expertise litigating long-term care home negligence and can help you understand your rights, assess the situation, and determine the best course of action. They may also assist in escalating issues or pursuing legal remedies, including filing a complaint with the Ministry or initiating a class action lawsuit, similar to the ongoing Chartwell case.
Conclusion: A Collective Responsibility
As legal professionals and community members, we share the collective responsibility to safeguard long-term care residents from negligence and abuse. By taking proactive steps—documenting concerns, reporting issues, and seeking legal counsel—we can work together to create a safer environment for our elders. By advocating for improvements and holding long term care homes accountable, we contribute to a larger movement for change that benefits not only current residents but future residents as well.
