Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Nursing home abuse concerns harm, neglect or exploitation of older adults who live in long-term care facilities - residencias, hogares geriátricos or centros de día. In Córdoba, as in the rest of Argentina, protection of older persons draws on several legal branches - criminal law for acts that are offenses, civil law for claims of damage and compensation, administrative and health regulations for licensing and inspections of facilities, and consumer protection when a care service is contracted. Older people also enjoy constitutional and human-rights protections that guarantee dignity, health and personal integrity.
When abuse or neglect is suspected, victims and families can pursue multiple paths at once - a criminal complaint to seek penalties, a civil claim for damages or compensation, administrative complaints to health authorities to force corrective measures, and requests to social security or health insurers for coverage or oversight. Quick action to preserve evidence and to obtain medical care is important to protect the person and to preserve legal options.
A lawyer can help you understand rights and options, assemble evidence, prepare and file documents, interact with prosecutors and courts, and negotiate with the nursing home or insurers. You may need a lawyer in any of the following common situations:
- Suspected physical abuse, sexual abuse, psychological mistreatment or overt neglect that endangers health or life. A criminal complaint may be necessary and legal representation can help collect medical reports and present evidence to a Fiscalía.
- Financial exploitation or theft - unauthorized use of pension funds or property, overly expensive or illegal charges, or manipulation over the resident-s assets. Civil and criminal remedies may be available.
- Failure to provide adequate medical care or hygiene leading to injuries, infections, pressure ulcers or worsening chronic conditions. A lawyer can seek emergency removal, interim measures and compensation for harm.
- Disputes about admission contracts, service standards, or unilateral eviction from the residence - consumer-protection law issues and contract-law claims may apply.
- Guardianship, curatorship or capacity questions where a judge must appoint a guardian or establish legal incapacity or protection measures for the older person.
- Administrative enforcement - obtaining inspections, sanctions, closure orders or conditions imposed by provincial health authorities when a facility breaches licensing or sanitary rules.
- Insurance and social security disputes - problems with PAMI or other coverage for care services, reimbursements, or denial of benefits related to institutional care.
Legal protection for older adults in Córdoba relies on a combination of national and provincial frameworks as well as municipal rules. Key legal themes you should know:
- Criminal law - Actions that physically or sexually assault, seriously injure or negligently lead to death or severe harm can be pursued through the criminal justice system. The Ministerio Público Fiscal receives complaints and prosecutes crimes.
- Civil and commercial law - The Código Civil y Comercial de la Nación governs obligations, contracts, responsibilities for damages and compensation for loss caused by negligent or intentional conduct of care providers or third parties.
- Consumer protection - The national Consumer Protection Law applies to contracts and services supplied by private care homes. Families may allege deceptive practices, deficient services or failure to comply with the terms of a care agreement.
- Administrative and health regulation - Provincial health authorities and municipal inspectors establish licensing, sanitary, staffing and infrastructure requirements for institutions that provide long-term care. These authorities can inspect, sanction and even order closures when standards are breached.
- Guardianship and capacity proceedings - Family courts handle protective measures, appointment of curators or guardians and decisions affecting legal capacity. These procedures are important when a resident cannot make decisions for themselves or needs a legal representative.
- Social security and public health programs - Institutions such as PAMI and provincial health programs have rules on coverage, authorizations and oversight that can affect placement, funding and inspections.
Administrative names and precise procedures vary by province and municipality in Córdoba - for example, municipal áreas de adulto mayor and the provincial health ministry or secretaria de salud have different roles in oversight and complaints. Because procedures and available remedies can depend on the exact local office and the type of institution, a local lawyer or official source will help determine the right route.
Abuse includes physical harm, sexual assault, psychological or emotional mistreatment, intentional or grossly negligent medical neglect, abandonment, and financial exploitation. Repeated poor care, failure to treat medical conditions or deprivation of food, water or medication can all be abuse or neglect.
You can report to local police or present a criminal complaint at the Fiscalía. Simultaneously you may notify the provincial health authority or municipal inspectorate that oversees nursing homes, and file a complaint with PAMI if the person is a beneficiary. Document the facts, seek immediate medical care for injuries, and preserve evidence like medical records, photos and witness names.
Administrative inspectors can perform quick checks and may impose sanctions or temporary measures like suspension or closure if a clear and serious risk exists. Criminal investigations and court proceedings take longer. Immediate protective actions - removal of the resident or emergency medical treatment - should be requested from authorities or the courts when there is imminent danger.
Yes. If harm results from negligence, breach of contract or intentional wrongdoing, families may bring civil claims for damages against the facility, responsible staff and possibly third parties. Compensation can cover medical costs, pain and suffering and other losses. Proving liability requires evidence linking the facility-s conduct to the injury.
Often both are appropriate. Criminal complaints pursue punishment of wrongdoers; civil claims seek compensation and can impose civil liability on the institution. Administrative complaints seek corrective measures and oversight. A lawyer can coordinate parallel actions to avoid procedural conflicts and to pursue the best overall result.
Time limits depend on the type of action - criminal, civil or administrative - and on the specific facts. Some criminal offenses have statutes of limitations that start running from the date of the act or discovery, and civil claims also have prescriptive periods that vary. Because delays can close important options, consult a lawyer promptly.
Medical records, photographs of injuries and living conditions, witness statements from staff or visitors, payroll or staffing records, surveillance video, written communications with the facility, invoices and bank records (for financial exploitation) are all valuable. Keep originals and make copies. Prompt medical examinations create official records of injuries.
Yes - courts can grant provisional or urgent measures to remove a person from a dangerous environment or to order immediate medical care. The success of an emergency request depends on showing imminent risk or serious harm. A lawyer can prepare and file the necessary motions and supporting evidence for urgent relief.
If a resident cannot make informed decisions, family members can request guardianship or curatorship from the family court so a legal representative can make decisions in the person-s best interest. Courts evaluate capacity, hear evidence and may appoint a guardian with specified powers. Guardianship is a legal process and should be pursued with legal counsel.
Look for lawyers experienced in elder law, civil liability, criminal law and administrative proceedings involving health services. Contact the Colegio de Abogados local branch to request referrals, ask for lawyers with experience in elder care matters, or seek legal aid if you cannot afford private counsel. An initial consultation can clarify fee arrangements and case strategy.
Below are common types of resources that can help - contact the appropriate local office in Córdoba for exact names and addresses.
- Provincial health authority or secretaria de salud - for inspections, licensing and sanitary complaints about residences.
- Ministerio Público Fiscal de la Provincia de Córdoba - to file criminal complaints and follow prosecutorial investigations.
- Defensoría del Pueblo de la Provincia de Córdoba or municipal defensorías - for complaints about public services and protection of rights.
- PAMI - for beneficiaries-s complaints, oversight and support related to institutional care.
- Colegio de Abogados de Córdoba - for lawyer referrals and guidance on finding counsel experienced in elder law and civil litigation.
- Municipal áreas o direcciones de adulto mayor - many municipalities provide social services, counselling and complaint channels regarding care facilities.
- Emergency services - if a person is in immediate danger call emergency services right away.
If you suspect nursing home abuse, consider these practical steps:
- Ensure immediate safety and medical care - call emergency services or take the person to a medical facility if there is urgent need.
- Preserve evidence - photograph injuries and living conditions, keep medical records, save correspondence and receipts, note names of witnesses and times of incidents.
- Make a formal report - file a criminal complaint at the Fiscalía and, separately, an administrative complaint with the provincial health authority or municipal inspectorate. Notify PAMI if relevant.
- Seek legal advice quickly - consult a lawyer experienced in elder abuse, civil liability and criminal complaints. Ask about urgent protection measures and the best combination of civil, criminal and administrative actions.
- Consider temporary relocation - if the environment remains dangerous, arrange alternative care while proceedings take place and obtain court-ordered protection if necessary.
- Keep communication open - document all calls and visits with the facility, and request written reports, treatment plans and staffing information in writing.
- Use community resources - defender-s offices, municipal adult-age services and advocacy organizations can assist and guide you through administrative steps.
Acting promptly, documenting thoroughly and getting competent local legal help will maximize the chances of protecting the older person, stopping ongoing abuse and obtaining appropriate remedies. If you need guidance, consult a Córdoba-based attorney or the local legal aid services to evaluate your specific situation and to start the appropriate legal processes.
