Any formal or informal complaint about care or living conditions is considered a grievance in a nursing home. The most common reasons for nursing home complaints are physical abuse, negligent care, and a lack of sanitary conditions.
When a person has a grievance and files a complaint with the state, an investigation may be conducted. If it’s discovered that the nursing home violated state or federal regulations, the facility can face penalties, and responsible employees can be subject to disciplinary or even legal action.
If you or a loved one has a grievance with a nursing home, don’t hesitate to contact an attorney. A Los Angeles personal injury lawyer can help you file a formal complaint against a nursing home and explore avenues for further legal action.
Reasons to File a Complaint Against a Nursing Home
Nursing homes are meant to be places of safety and care, but unfortunately, not all prioritize their residents’ health and well-being. Nursing home complaints typically stem from negligent care or intentional harm, such as:
- Neglectful care. Bad hygiene, disheveled appearance, dirty clothing, weight loss, and worsened symptoms are all common signs of neglectful nursing home care.
- Physical abuse. Physical abuse can include striking, hitting, using unnecessary restraints, withholding medication/food, or intentionally creating discomfort (e.g., removing blankets).
- Sexual abuse. Sexual abuse encompasses all unwanted touching, groping, and sexual contact, as well as harassment or making unwanted advances or sexual comments.
- Verbal/emotional abuse. Verbal abuse is characterized by behaviors such as yelling, insulting, humiliating, belittling, or isolating a patient from other residents.
- Financial exploitation. You may also file a complaint if any possessions/money have gone missing or there have been changes to your loved one’s will or banking information.
How to File a Complaint for a Grievance in a Nursing Home
State and federal laws set standards for patient care and establish nursing home residents’ rights. Violations of these laws or of residents’ rights can trigger a complaint and investigation.
If you or your loved one has a complaint that could be considered a grievance in a nursing home, there are two primary ways you can initiate a formal investigation:
California Department of Public Health
The first is filing a complaint with the California Department of Public Health (CDPH). The CDPH is tasked with certifying and licensing nursing homes throughout California and has offices across the state.
Residents or their representatives can file a complaint with the relevant office either online or in person.
California Long-Term Care Ombudsman
Another option is to file a complaint with your long-term care ombudsman. The Long-Term Care Ombudsman Program advocates for residents and investigates complaints.
They also connect residents with knowledge and resources to educate them about nursing home abuse and how to protect themselves.
(310) 526-8383Can I Sue a Nursing Home for a Grievance?
If your grievance involves physical/sexual abuse, mental harm, or financial exploitation, you may be able to sue the nursing facility for financial compensation or damages. Depending on the circumstances of the neglect/abuse, you can recover compensation for the following losses:
- Medical costs incurred due to abusive or neglectful care
- The costs of relocating to a different nursing facility
- Rehabilitation and mental therapy expenses
- Future care needs
- Physical pain and mental suffering
- Emotional distress and loss of enjoyment
- Lost property or possessions
Depending on the severity of the neglectful behavior, you may also be awarded punitive damages. Punitive damages in California are awarded to punish the offender and deter future bad conduct. This is in contrast to compensatory damages, which are awarded to compensate you for losses.
Is There a Time Limit to Filing a Complaint for a Grievance in a Nursing Home?
There is no technical time limit for filing an administrative complaint against a nursing home in California. There is, however, a time limit for filing a personal injury lawsuit against the nursing home for any injuries or losses you or your loved one experienced.
The statute of limitations on personal injury claims in California sets a two-year time limit on lawsuits for nursing home negligence or abuse. The two-year time starts counting on the date the abuse or injury occurred or the date the neglectful conduct was discovered.
Once the two-year period expires, any legal claim to damages will become null and void. As such, it’s in your best interest to initiate legal action promptly to avoid unnecessary delays or complications.
Contact a Personal Injury Attorney in Los Angeles Today
If you or a loved one has been subject to nursing home abuse or neglect, a Los Angeles personal injury lawyer from Omega Law Group can assist. Seniors deserve the utmost care, and we can hold responsible parties accountable when they fail to fulfill their duty to their patients.
Still have questions about what is considered a grievance in a nursing home? Contact our offices online or call today to schedule an appointment. Consultations are free, and we don’t charge a fee unless we win, so you have nothing to lose by getting in touch.
