Handling Problems in Nursing Homes

As with other living arrangements every day in a nursing home is not always a rose garden. Annoying and upsetting things will happen. A resident may at times feel that he or she is not being treated right.

Complaints may be about such items as: call button not working or out of reach; insufficient staff on duty; medical records are falsified; medications not given or given by an unauthorized person; lack of activities; lack of personal hygiene; dirty linen; inadequate diet; retaliation; snacks unavailable; unsanitary conditions in the hallways, rooms, etc.; patient's funds mishandled, lost, or stolen; violation of patient's rights. This is not an exhaustive list of problems by any means and is only to indicate the range of problems one may encounter in a nursing home.

Often complaints by residents may be vague, such as general complaints as to lack of attention. A friend or relative should elicit more details that may point the way to a serious violation. For example, the complaint about lack of attention may be caused by inadequate staffing, which is a violation of regulations. Despite laws and regulations, insufficient or under-trained staff is a major problem in nursing facilities and often results in inadequate patient attention and care. It is important to be clear about the problem as some investigators will not look for anything that is not specified in the complaint.

Solving Problems

Many residents and family members will not defend themselves when their rights have been violated because they fear retaliation from staff if they complain. While any form of retaliation by staff, either blatant or subtle, is illegal, it does happen on occasion. Do not let fear stop you or the resident from defending the rights of the resident. Living in fear of being mistreated, receiving poor care, or tolerating neglect or harassment is an unsupportable and unacceptable situation for anyone.

There are several places where citizens concerned about nursing facilities and residents' problems can turn for help. The important thing is to seek help, because conditions will improve and problems will be solved only if you get involved. The resident should first bring problems, unless they are related to staff, to the attention of the head nurse or the director of nursing in that order. If you are a friend or relative, and not directly exposed to the problem, it may be hard to figure out. It is important then to attempt to gain a clear understanding of what the problem encompasses. Then if you think he or she is not getting a satisfactory response you may obtain help from:

The administrator of the nursing home;
The long-term-care ombudsman program of the State Department of Aging (local telephone numbers are located in the government section of your phone book. The ombudsman's phone number must also be posted in the nursing home);
The Licensing and Certification Division of the State Department of Health Services (see government section of your phone book);
A "nursing home hot line" or "cool line" (advertized on the consumer information boards of many nursing homes); and
The Attorney General of the State and various district and city attorneys (listed in local telephone directories).

The Administrator

If the administrator of the nursing home is unable to solve your problem--or if you do not want to discuss it with the administrator --you may contact any of the other agencies. If you wish to discuss a problem without other staff present make that clear to the administrator.

The Long-term-care Ombudsman

Federal and state laws provide for an impartial official called an ombudsman to act in your behalf. Your local ombudsman will investigate your complaint and try to help you by acting as your representative or advocate. An ombudsman is a public official and provides his or her services free of charge. They investigate and resolve complaints made by, or on behalf of, older individuals who are residents of long-term-care facilities, nursing homes, and residential care homes. They do not represent the facility. The ombudsman will keep your complaint confidential, unless you wish otherwise.

The State Department of Health Services

If you choose to discuss your problem with an ombudsman, you may still contact your state Department of Health Services or another agency if you wish. The Department of Health Services is responsible for enforcement of the laws and regulations, licensing, and certification. A complaint criticizes the practices, procedures, physical conditions, or quality of care in a nursing facility and asks the state Department of Health Services to determine if a violation exists. A complaint may be made by telephone, personal visit, or letter. A letter provides you with a record and is therefore preferable. Any oral complaint is reduced to writing by the department. There is a right of appeal for the person who made a complaint if he or she is not satisfied with the department's decision.

You have a right to remain anonymous when you file a complaint. However, experience has shown that anonymous complaints seldom contain information specific enough to enable the state agency to perform a thorough investigation. If you will give your name, address, and telephone number, an investigator will be able to contact you if additional information is needed. When the investigation has been completed, you will be notified of the findings.

If you have suggestions, comments, or information about nursing homes, please send an e-mail.

If you would like to become a sponsor or wish to advertise on Seniors-Site please contact us.