Filing a Complaint

It is usually best to file complaints in writing and to keep copies of all correspondence.
Following are some tips for what to include in a complaint letter:

1. Provide very specific information in your complaint as to what occurred,
including times and dates when problems occurred when possible, names
and addresses of witnesses, etc.

2. If the problem caused the resident to receive medical treatment, provide details
and indicate where the medical treatment occurred and the names of any treating
doctors.

3. Note whether you made a complaint to the nursing home staff. If so, indicate
when and with whom you spoke to and what the response/results were.
4. Detail what action you want taken.

5. If there are specific laws that you believe are being violated, explain which law.

6. Note whether the problem was an isolated incident or is ongoing and whether it affects more than one resident.

7. If the resident was injured in any way, consider talking to one of our attorneys who specializes in personal injury law.

State and federal agencies are obligated to investigate complaints filed by, or on behalf of, nursing home residents. Complaints regarding nursing home residents, administrators and staff can be filed with the Department of Public Health. Complaints regarding the Department of Public Health or about nursing homes can be filed with the federal Centers for Medicare and Medicaid Services. These agencies have the right to fine nursing homes and their staff, to revoke licenses and to impose other penalties for violations of the residents' rights. Complaints alleging "jeopardy" to a resident are supposed to be investigated within two days. Other complaints are investigated "as time permits" and this may take several months.

The Department of Public Health issues written acknowledgment of complaints and contacts the complainant during the investigation. The complainant also receives a copy of the investigational report. If violations or deficiencies of federal or state law are identified, the nursing home must submit a plan for corrective action. The Department of Public Health may also order corrective action impose sanctions including fines and license suspension or revocation.

Your complaint letter should specify what corrective action you feel needs to be taken, such as requesting a Department of Health order requiring the home to provide additional staff. Specifically note if you believe the resident is in "jeopardy" of physical or mental harm if immediate corrective action is not taken and state what future harm may occur.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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