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Home » Blog » How to File a Nursing Home Complaint
ArticlesMedical & Law

How to File a Nursing Home Complaint

By Legal Desire 6 Min Read
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A nursing home complaint is a long and frustrating process that nursing home residents often go through before getting any relief. Most nursing home residents and their families tolerate substandard care, physical abuse, and other nursing home complaints because they either do not know how to file a nursing complaint or are unwilling to deal with the burden.

Contents
What Is a Nursing Home ComplaintWho and What Can You Complain AboutConsiderations Before Filing a ComplaintHow To File a Nursing Home Complaint

What Is a Nursing Home Complaint

A nursing home complaint is a formal legal process that has been set up to allow nursing home patients and their families to complain about the nursing homes. The objections can be filed against nursing homes, nursing home administrators, nursing personnel, or any nursing home staff members. Complaints are submitted in writing and reviewed by a state regulatory agency before they are approved for investigation.

Who and What Can You Complain About

Nurses, nursing assistants, and nursing care providers (among others) might be criminally charged with abuse, neglect, or exploitation of nursing home patients if complaints of such behaviors are found valid after investigation.

You have the right to register a complaint regarding abuse, neglect, or any other issue that is protected by the law. File a complaint concerning any number of issues, including violations of legal rights, inadequate care, insufficient staffing, unsafe facilities, abuse, inappropriate charges, concerns about transfer or discharge, and a refusal to readmit a resident after a hospital stay.

Considerations Before Filing a Complaint

When presented with worries about the care of an elderly loved one, the best thing to do first is to talk with someone who can address the issue. This could be as simple as making contact and sending over a phone call or email to resolve the situation without much fuss.

Facilities are required to have a process in place for dealing with complaints concerning resident/patient care. Although it is not mandatory to file a complaint with the institution directly, voice any concerns to the facility’s administration. Typically, the institution will quickly respond to your complaints and provide you with information on the facility’s complaint/grievance procedures.

If those don’t work out, then gather all of your family members along with nursing staff like physical therapists for assistance on how you can make sure that they’ll have everything taken care of going forward while still accommodating their needs into consideration.

How To File a Nursing Home Complaint

If the nursing facility where your elderly loved one is residing is not responsive or if it is a severe issue that cannot be resolved internally, file a nursing home complaint with your state licensing agency or the federal government by following these steps:

-Call your state’s licensing agency or your state’s long-term care ombudsman and file an official complaint with them on their website or by phone.

-You can also submit a complaint online with the federal government through its Nursing Home Resident Safety Toolkit.

-If your nursing home is not licensed, filing a nursing home complaint may be useless and you should move on to another nursing facility that will meet your needs better. If you are the only person with a nursing home complaint, it is better to file your nursing home complaint privately.

-You can contact a government agency, and they will provide you with information on how to submit complaints about nursing homes or other health care providers. Specific agencies include:

The Centers for Medicare & Medicaid Services (CMS)

The Joint Commission on Accreditation of Healthcare Organization (JCAHO)

Office for Civil Rights, U.S. Department of Health and Human Services

You may also file a complaint with your local long-term care ombudsman. They help handle complaints at higher levels in regulatory organizations, which will depend on how serious your concern is. Although ombudsmen lack enforcement authority, they can submit cases to the state’s health department, which regulates nursing homes, adult protective services, the police, and the courts.

If you feel like there has been a violation of legal rights and protections, you may also file a lawsuit against the nursing facility, nursing care providers, or other parties involved. Ensure to consult with a nursing home negligence attorney who has nursing home abuse experience. It is always better to approach a nursing home negligence lawyer who specializes in such complaints. They know how to handle the authorities and have the requisite experience in dealing with such situations.

Do Not Delay Your Nursing Home Complaint

If you suspect that your loved one has been mistreated while residing in a nursing home, contact an attorney immediately. At Reddick Moss, PLLC, they are available 24/7. They have impressive case results and have recovered over $500 million for their nursing home neglect and elder abuse clients. There is no time like now for taking action as soon as possible! Fill out their free consultation form online. They’re available 24 hours a day to answer any questions and help with whatever needs arise during this challenging time in your life. Call today at 1-877-326-3159!

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Legal Desire August 6, 2021
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