when an attorney files a complaint against a nursing home

by Sandrine Murray 5 min read

Complaints should provide as much detail as possible: names of those involved, date of the incident (s), location and specific concern (s). Abuse and neglect of residents in nursing homes, skilled care facilities and hospitals can cause a variety of painful and life-threatening injuries.

Full Answer

How to file a complaint against a doctor or hospital?

Prractical information and actionable steps to help you find the pathway forward in filing your nursing home abuse complaint in Arizona.

How to report a nursing home for neglect and abuse?

Nov 11, 2021 · If you suspect nursing home abuse, it is important to file a complaint quickly and then seek protection for your loved one. Contact the Arizona Department of Health Services The Arizona Department of Health Services offers an online system for filing a complaint against a nursing home, which is state-licensed.

How to report nursing home complaints?

Nursing home facilities within the State of Texas that receive notification that a complaint has been filed against them with the Texas Department of Health and Human Services (HHS) are up against a wall. The Department takes complaints very seriously. It tends to approach complaints as though they were true from the outset.

How to file complaint against skilled nursing facility?

fear or anxiety. unexplained refusal or inability to communicate. indications of sexual assault. These are just examples, as neglect and abuse can take many forms — too numerous to list. If you have any suspicions or concerns, you should consider seeking assistance in filing a nursing home complaint.

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What is the DPH?

DPH is the state agency that enforces nursing home laws and regulations through regular inspections and complaint investigations. File a complaint with DPH when problems are serious and/or other steps to resolve your concerns have not been effective.

How long does it take to get a civil penalty in California?

California law prohibits a facility from discriminating or retaliating against a resident or employee who cooperates in an investigation. Any type of discriminatory treatment within 180 days after a complaint is filed is presumed to be retaliatory and is punishable by a civil fine of up to $10,000.

Who can file a complaint against a nursing home?

Any person (not just residents or their family members) or organization can file a complaint about a nursing home with the Licensing and Certification Division of the California Department of Public Health (DPH). DPH is the state agency that enforces nursing home laws and regulations through regular inspections and complaint investigations.

Can you remain anonymous in California?

You have the right to remain anonymous. California Health & Safety Code §1432 (h). California law requires that DPH keep your identity (and that of any other person named in the complaint) anonymous to the facility. California Health & Safety Code §1419 (e).

What is the ombudsman program?

The ombudsman program helps residents resolve concerns about their care and rights. The ombudsman does not have any powers or direct authority over the nursing home, however, it can try to resolve the complaint with the nursing home, express concerns with outside officials and help you file a formal complaint with DPH.

Can you request anonymity in a complaint?

In your complaint, you can also specifically request to remain anonymous. Please note that anonymity can sometimes make it difficult to substantiate a complaint. You have the right to accompany the investigator to the facility. If you wish to do so, include this request in your complaint.

What to do if DPH does not keep you notified?

If DPH does not keep you notified as detailed above, contact it to check on the status of your complaint. Know your complaint number, as well as the name and direct phone number of the investigator. Keep a timeline of all correspondence and communications with DPH.

Contact the Arizona Department of Health Services

The Arizona Department of Health Services offers an online system for filing a complaint against a nursing home, which is state-licensed. The form will require you to answer basic questions regarding where the suspected abuse took place, who perpetrated the abuse, who your loved one is, and when you suspect the abuse occurred.

Filing a Complaint with Arizona Adult Protective Services

You can also file a complaint regarding neglect or abuse of an elderly individual online with Arizona Adult Protective Services ( www.azdes.gov/reportadultabuse) or by calling 1-877-767-2385. If your loved one’s nursing home accepts Medicare or Medicaid, you can access government ratings for the facility at www.medicare.gov.

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How to File A Complaint Against A Nursing Home

  • How to File a Complaint Licensing & Certification District Offices Sample Nursing Home Complaint Form* Click here for a PDF of this fact sheet with the complaint form * This is for Nursing Home complaints only. To file a complaint against anRCFE/Assisted Living Facility, click here.
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Stage 1 - Filing The Complaint

  • Who Can File a Complaint?
    Any person (not just residents or their family members) or organization can file a complaint about a nursing home with the Licensing and Certification Division of the California Department of Public Health (DPH). DPH is the state agency that enforces nursing home laws and regulations t…
  • What Can I File a Complaint About?
    You can file a complaint about abuse, neglect and any other matter protected by law. For example, you can file a complaint about violations of your rights, poor care, lack of staffing, unsafe conditions, mistreatment, improper charges, transfer and discharge concerns, and a failure to re…
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Stage 2 - Notifying Other Authorities of Your Complaint

  • Should I Notify Other Agencies or People About My Complaint?
    Yes, other organizations may have authority to investigate your complaint or be able to give you advocacy support or information. Also, DPH may give your complaint better attention if it knows you have alerted other authorities. Send a copy of your complaint to CANHR, the local ombudsm…
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Stage 3 - Investigation

  • After You Have Made a Complaint - What Happens Next?
    DPH must notify you of the name of the assigned investigator within two (2) working days of receipt of your complaint. California Health & Safety Code §1420(a)(1). It is a good idea to call the assigned investigator prior to the onsite investigation to ensure the investigator is familiar with t…
  • What Are My Rights as a Complainant?
    1. You must be notified of the name of the assigned investigatorwithin two working days of your complaint. California Health & Safety Code §1420(a)(1). 2. You have the right to be free from retaliation for a complaint.California law prohibits a facility from discriminating or retaliating aga…
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Stage 4 - The Appeals Process

  • What If I'm Dissatisfied with DPH's Findings?
    If you are dissatisfied with DPH’s findings, you have the right to an informal conference. To request the informal conference, write to the DPH district office manager within 30 calendar days of from receipt of the findings (“Results of Complaint Investigation” letter). Center for Health Car…
  • What If I'm Dissatisfied with the Results of the Informal Conference?
    If you are dissatisfied with the results of the informal conference, you may appeal to the Deputy Director at: California Department of Public Health, Center for Healthcare Quality, P.O. Box 997377, Sacramento, CA 95899–7377. To file this appeal, you have 15 days from receipt of the f…
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Stage 5 - Ensuring Proper Investigation

  • Help! DPH Hasn't Gotten Back to Me in a While - What Do I Do?
    If DPH does not keep you notified as detailed above, contact it to check on the status of your complaint. Know your complaint number, as well as the name and direct phone number of the investigator. Keep a timeline of all correspondence and communications with DPH. If the assign…
See more on canhr.org

Key, by County, to Licensing and Certification District Offices

  • Find the county where the nursing home is and use the corresponding number to send the complaintto the appropriate Licensing and Certification District Office Location address below. The corresponding hyperlinks will show the appropriate office information.
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Sample Nursing Home Complaint Form

  • The form below may be used as a guide for what to include when filing a complaint. Download a printable complaint form here(pdf). Date Completed: _______________ Name of person filing complaint: _________________________________ Address: ___________________________________________________ City: __________________________ State: _____…
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