How Washington Law Defines Nursing Home Neglect
Washington law separates “abuse,” “neglect,” and “abandonment” under RCW 74.34. Neglect occurs when a facility or caregiver fails to provide the care necessary to maintain the resident’s physical or mental health.
Examples under Washington definitions include:
Not providing adequate hydration or nutrition
Failure to administer medication correctly
Ignoring fall risks or care plans
Leaving a resident unattended for unsafe periods
Not providing hygiene or wound care
Delayed medical attention that leads to harm
These are legally recognized forms of neglect and can lead to both state penalties and civil liability.
Warning Signs of Neglect That Families Often Miss
Many types of neglect are subtle and develop slowly. Families should watch for:
Unexplained weight loss or dehydration
New or worsening pressure sores
Bruising in various healing stages
Frequent infections or hospital transfers
Changes in mood, fearfulness, or withdrawal
Sudden decline in hygiene
Bed linens or clothing not being changed
Strong odors of urine or feces in rooms
Staff turnover or inadequate staffing levels
Delayed call-light response times
Multiple small warning signs often point to systemic neglect.
Why Understaffing Is the Most Common Cause of Neglect
Washington facilities face chronic staffing shortages. When staff ratios fall below standards, residents may not receive:
Timely repositioning
Medication administration
Assistance with walking or toileting
Routine hygiene
Prompt response during emergencies
CMS research links staffing levels directly to quality of care. Chronic understaffing is one of the most common contributors to resident harm in Washington long-term care facilities.
How to Request Records in Washington
If you suspect neglect, you can request:
The resident’s complete medical chart
Medication Administration Records (MAR)
Care plans and assessments
Incident reports
Staff logs
Transfer records
Communication notes
Under Washington law, facilities must provide records within a reasonable time. Delays or refusals can be a red flag.
What APS Does After a Report Is Filed
When you file a report with Adult Protective Services, APS may:
Interview the resident
Speak with family members
Request facility records
Review care plans
Visit the facility unannounced
Coordinate with the Long-Term Care Ombuds
Refer findings to law enforcement if criminal conduct is suspected
APS investigations are independent of any civil claim you pursue with an attorney.
How a Civil Claim Can Hold a Washington Facility Accountable
A civil case focuses on:
Whether the facility breached its duty of care
If the breach caused the resident’s injuries
The economic and non-economic damages under Washington law
Compensation may include:
Medical costs
Pain and suffering
Loss of dignity
Disability or reduced mobility
Costs of relocating the resident
Wrongful death damages (if the resident passes away)
Civil claims often uncover systemic issues that state agencies might not fully investigate.
What to Do If the Facility Retaliates
It is illegal for Washington facilities to retaliate against residents or families who voice concerns.
Retaliation may include:
Reduced staff attention
Sudden changes in care
Harassment
Attempts to transfer or discharge the resident
Restricting family visitation
If retaliation occurs:
Document everything
Notify the Washington Long-Term Care Ombuds
Contact law enforcement if safety is threatened
Speak with an attorney immediately
Washington takes retaliation seriously and can impose penalties on facilities that engage in it.
When Nursing Home Neglect Becomes Wrongful Death
Neglect can result in fatal injuries such as:
Untreated infections
Sepsis from bedsores
Dehydration
Malnutrition
Falls and head trauma
Medication errors
Lack of supervision
Delayed emergency care
Washington’s wrongful death laws (RCW 4.20) allow certain family members and the estate to pursue compensation if neglect contributed to the death.
When to Contact a Lawyer
Neglect can result in fatal injuries such as:
Untreated infections
Sepsis from bedsores
Dehydration
Malnutrition
Falls and head trauma
Medication errors
Lack of supervision
Delayed emergency care
Washington’s wrongful death laws (RCW 4.20) allow certain family members and the estate to pursue compensation if neglect contributed to the death.
Why Families Choose Campiche Andrews
For over 40 years, Campiche Andrews has represented Washington families in elder abuse, neglect, and wrongful death cases across Seattle, Tacoma, and beyond.
What sets us apart:
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Deep understanding of Washington’s long-term care laws
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Access to medical and forensic experts
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Record of multi-million dollar settlements and verdicts
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Commitment to justice, not just compensation
We believe every senior deserves safety, dignity, and respect and we fight for families when the system fails.
Frequently Asked Questions About Nursing Home Neglect
How do I report nursing home abuse in Washington?
Contact DSHS Residential Care Services at 1-800-562-6078 or file online. You can also report to Adult Protective Services or local law enforcement.
What happens after I report nursing home abuse?
An investigator will visit the facility, interview staff and residents, and issue a report determining whether the allegations are substantiated.
Can I remain anonymous when reporting?
Yes. You can file anonymously, though providing contact information helps investigators follow up.
What if I fear retaliation against my loved one?
State law prohibits retaliation. Report any threats to DSHS, the Ombudsman, or your attorney.
Should I call a lawyer before reporting abuse?
If serious harm or death occurred, yes an attorney can preserve evidence and coordinate with regulators.
What agencies investigate elder abuse in Washington?
Residential Care Services (RCS), Adult Protective Services (APS), and the Long-Term Care Ombudsman Program.
How do I file a complaint online?
Visit https://fortress.wa.gov/dshs/adsaapps/onlinecomplaint to complete the online form.
Can I sue the nursing home after reporting abuse?
Yes. Reporting doesn’t replace your right to pursue a civil negligence or wrongful death lawsuit.
How do I get a copy of the investigation report?
Request it directly from DSHS once the investigation concludes or your attorney can assist.
How soon should I act if I suspect abuse?
Immediately. Every day matters for preserving evidence and protecting your loved one’s safety.
