Washington State protects elderly and dependent adults through the Vulnerable Adult Statute (VAS). This law is designed to ensure accountability and justice when vulnerable individuals are mistreated.
Under Chapter 74.34 of the Revised Code of Washington (RCW), the statute addresses abuse, neglect, abandonment, and financial exploitation of vulnerable adults. The law recognizes that certain adults are at greater risk of harm. Particularly those residing in nursing homes or receiving care from family members or healthcare providers.
When a vulnerable adult is found to have been abused, neglected, abandoned, or financially exploited, the statute authorizes legal remedies. If you or a loved one has been abused or neglected you may be eligible to recover actual damages, costs of suit, and attorneys’ fees.
Who Is Considered a “Vulnerable Adult”?
Under RCW 74.34.020, a “vulnerable adult” includes:
- A person 60 years of age or older who has a functional, mental, or physical inability to care for themselves; or
- An adult who:
- Is subject to a guardianship under RCW 11.130.265 or a conservatorship under RCW 11.130.360;
- Has a developmental disability as defined by RCW 71A.10.020;
- Is admitted to any facility licensed or required to be licensed by the Department of Social and Health Services (DSHS);
- Receives services from home health, hospice, or home care agencies licensed under Chapter 70.127 RCW;
- Receives services from an individual provider;
- Self-directs their care and receives services from a personal aide under Chapter 74.39 RCW.
Examples of Nursing Home Abuse and Neglect
The impact of nursing home abuse or neglect can range from minor injuries to life-threatening harm or death. Common examples include:
- Death
- Bed sores (decubitus ulcers)
- Broken or fractured bones
- Injuries from falls
- Improper use of restraints
- Physical abuse or neglect
- Overmedication or medication errors
- Malnutrition and dehydration
- Failure to bathe residents
- Failure to clean bedding
- Burns or unexplained injuries
- Stealing money or property
- Financial exploitation or undue influence over property or wills
DSHS and Adult Protective Services (APS)
DSHS may investigate allegations of abuse, neglect, abandonment, self-neglect, or financial exploitation only when the alleged victim meets the legal definition of a vulnerable adult. When reports involve individuals who do not meet this definition, Adult Protective Services (APS) refers those matters to appropriate community or governmental resources.
Barriers to Reporting Abuse
Many victims do not report nursing home abuse or neglect due to mental or physical limitations, fear of retaliation, or dependence on their caregivers. As a result, abuse often goes unnoticed or unreported without intervention from family members, staff, or concerned individuals.
Protections for Those Who Report Abuse
Under RCW 74.34.180, individuals who in good faith report suspected abuse, neglect, abandonment, or financial exploitation of a vulnerable adult are legally protected. This statute prohibits employers from taking retaliatory or disciplinary action against employees who make such reports.
Reporting Nursing Home Abuse
When a nursing home receives a report of abuse or neglect, it is legally required to:
- Investigate all alleged violations
- Implement corrective measures to prevent further harm
- Report the incident to the state within five days
If you believe a loved one has been abused or neglected in a nursing home, it is strongly recommended to consult with an experienced personal injury attorney who can help protect your family member’s rights and guide you through the legal process.
GLP Attorneys Supports Nursing Home Abuse Victims
GLP Attorneys has vast experience supporting clients with their nursing home abuse cases. Our experienced attorneys have helped nursing home abuse clients receive the justice they deserve.
If you are concerned that you or a loved one may be a victim of nursing home abuse or neglect, please call us at 1 (800) 273 - 5005 for a free consultation.
