Upset about Nursing Home Care? Complain!

Randy Walton

Contributor

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As a lawyer who sues nursing homes and residential care facilities for the abuse or neglect of their residents, I frequently get calls from people who feel that they or their loved one have been a victim abuse or neglect. When I hear genuine stories abuse or neglect, or of highly questionable conduct on the part of nursing home staff, I always ask whether or not anyone complained about it to the CNAs, the nurses, the director of nursing, the administrator, or anyone else, and usually the answer is No.

The first step toward correcting the day-to-day deficiencies in care at a nursing facility is to complain directly to the facility staff. If mom is not getting the right medications, nutrition, therapy, etc., the direct-care staff should be able to address the problem. If corrections to care are not made, then the family should do two things: First, contact the resident's physician and explain the problem, and second contact the California Department of Health Services (DHS), the government body that licenses and regulates all skilled nursing facilities in California.

Any person (not just the resident or family member) can file a complaint with the DHS, and a complaint can be made about abuse, neglect, or any other matter protected by law such as poor care, unsafe conditions, improper charges or general mistreatment. Complaints to the DHS can be made orally or in writing at any DHS office in California, including the San Diego office at (619) 688-6190, and should contain the name and address of the facility, and a concise statement of the facts outlining the problem. Under California law, DHS must begin an onsite investigation of your complaint within 10 working days.

For more information about the complaint process, a sample complaint form, and a list of California DHS offices, visit the website of California Advocates for Nursing Home Reform.

For more information on this subject matter, please refer to our section on Medical Malpractice and Negligent Care.