When bad things happen in a nursing home, how do you know if the nursing home is responsible for the injury? Gathering all the facts is key. One way to begin that process is by filing a nursing home complaint with the Ohio Department of Health, which is required to investigate any allegations of abuse and neglect. Their investigation involves visiting the facility, reviewing the resident’s chart, speaking to witnesses, and reviewing relevant documents such as the facilities policies and procedures and witness statements. In addition to filing an ODH complaint, you should also consult with an experienced nursing home abuse lawyer. It is usually through a lawsuit that wrongdoers are held accountable.

Table of Contents

• Filing a Complaint with the Ohio Department of Health
• Types of Neglect That Justify a Complaint
• Information Required for Filing a Complaint
• When to File a Complaint
• Types of Facilities Subject to Complaints
• The Importance of Filing a Complaint with ODH
• Understanding the Investigation Process After Filing a Complaint
• Why You Should Consult a Nursing Home Abuse Lawyer

Filing a Complaint with the Ohio Department of Health

To file a complaint, you have several options:

1. Call the ODH Complaint Hotline: The hotline at 1-800-342-0553 is available 24/7, with voicemail coverage during off-hours and holidays. Messages are checked twice daily. Make sure to provide sufficient information to avoid delays.
2. Email your Complaint: Send your complaint to HCComplaints@odh.ohio.gov. This method allows you to document your concerns in detail.
3. Complete the ODH Complaint Form: The Ohio Department of Health Complaint Form (HEA 1685) can be submitted online. This method ensures that your complaint is processed efficiently.
4. Consult with a Lawyer: A nursing home neglect lawyer can guide you through this process, helping you file the most effective complaint. Legal expertise can make a significant difference in the outcome. My office is available to assist you with contacting the ODH and completing your Complaint form.

Types of Neglect That Justify a Complaint

Neglect in nursing homes can take many forms, all of which are serious enough to warrant a complaint:

• Assault: Physical, verbal, or sexual abuse by staff, residents, or visitors is a grave rights violation. Nursing homes are legally obligated to provide a safe environment. Specifically, federal regulations and the Ohio Nursing Home Residents’ Bill of Rights state that “The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.”
• Choking and Strangulation: In many cases, choking is the result of a nursing home failing to properly assess a resident, or in the failure to properly implement protocols (such as a liquid diet or the elimination of bed rail gaps) to prevent the resident from choking.
• Infection: When a resident sustains a serious infection, it’s important to try to understand how the resident came to be infected. The course of some types of infections may be possible to track. In all cases, it should be possible to understand the policies and procedures that the nursing home may have in place to prevent or reduce infections.
• Malnutrition and Dehydration: Inadequate nutrition or hydration can lead to severe health issues, including weight loss, confusion, and infections. These conditions, if not recognized and treated by the nursing home staff and the resident’s doctor, can lead to life-threatening complications.
• Pressure Ulcers/Bedsore: Pressure ulcers and bedsores usually occur when patients or nursing home residents lie for long periods of time in one position, like on their back. The CDC reports that 1 in 10 nursing home residents develop pressure ulcers, which require medical attention.
• Slips and Falls: Many families make the difficult decision to place a loved one in a nursing home or assisted living facility because of safety concerns due to a recent fall. Nursing homes are responsible for preventing falls, but, all too often, fail to take necessary action. Tragically, even seemingly minor falls can trigger a chain of events leading to a serious deterioration in a resident’s health, or even death.
• Wandering and Elopement: The Washington Post reports that “Since 2018, more than 2,000 people have wandered away from… facilities unnoticed or been left unattended for hours outside. Nearly 100 have died.” One of the main reasons families turn to nursing homes to care for their loved ones is safety. Residents with cognitive impairments, such as dementia or Alzheimer’s, often cannot appreciate danger, so they may wander or leave the facility unsupervised and unnoticed.

This list covers only a few types of abuse and neglect, each of which is a valid reason to consult with a lawyer and file a complaint with ODH. If something feels wrong, it likely is.

Information Required for Filing a Complaint

Providing detailed information is key to ensuring your complaint is properly processed. The more specific and detailed your complaint, the better. The Ohio Department of Health Guide to Filing a Complaint recommends including the following:

• Complainant information: Your full name, address, and telephone number. If you wish to remain anonymous, indicate this in your complaint. However, if you remain anonymous, ODH will not be able to contact you to obtain additional information or notify you of the results of the complaint investigation.
• Facility information: Include the name, address, and telephone number of the facility.
• Individuals involved and affected: Names, room numbers, and titles of those involved, if known.
• Incident details: A narrative of your complaint, including dates, times, and whether the issue is isolated or systemic. Also include why you believe the incident occurred.
• Facility response: Note whether the facility has attempted to address the issue and any other actions you have taken, including contacting other agencies, response/resolution obtained if any.

The above list may seem daunting, but a nursing home neglect lawyer can assist in gathering and organizing the information needed.

When to File a Complaint

If you suspect that your loved one is not receiving proper care or, worst case, has been injured or died due to neglect, you must act quickly. Early action helps preserve as many facts and as much evidence as possible. The ODH generally will not investigate incidents that occurred over a year ago, so time is of the essence. Keep in mind that even a year is too long to wait. In addition to ODH rules and regulations, there are statutory time frames in place that limit the time you have to file a lawsuit against the responsible facility.

Types of Facilities Subject to Complaints

The ODH has jurisdiction to investigate various facilities, including:

• Ambulatory surgical centers
• Clinical laboratories
• Comprehensive outpatient rehab facilities (CORF)
• End-stage renal dialysis centers
• Intermediate care facilities for individuals with intellectual disabilities (ICF/IID)
• Home health agencies
• Hospices
• Hospitals
• Residential care facilities
• Skilled nursing facilities

The Importance of Filing a Complaint with ODH

Though abuse and neglect may seem obvious, gathering facts, identifying witnesses, and reviewing records are vital to building the strongest case to hold wrongdoers accountable. ODH findings often play a key role, and the facility’s history, accessible through the Centers for Medicare and Medicaid Services (CMS), provides additional context for cases. This history of past poor performance may be another important part of the investigation. Complaints also help identify poorly performing and downright dangerous facilities, which are flagged by CMS as “Special Focus Facilities.”

Why File a Complaint

• Protecting Residents: Filing a complaint can prompt an investigation, potentially preventing further harm to residents.
• Ensuring Accountability: Complaints hold nursing homes accountable for maintaining care standards and regulations.
• Legal Support: Legal professionals can help in crafting a detailed complaint, ensuring all issues are documented and addressed.

Understanding the Investigation Process After Filing a Complaint

After filing a complaint with the ODH, the investigation process begins. The ODH assigns a team to review the complaint, which typically involves gathering evidence, interviewing witnesses, and conducting on-site inspections of the facility. The team will assess whether the nursing home violated any regulations or standards of care. Depending on the findings, the facility may face corrective actions, fines, or other penalties. The results of the investigation can also be pivotal in any legal actions you pursue, helping to substantiate claims of neglect or abuse. The entire process is designed to ensure accountability and improve the quality of care provided by the facility.

Why You Should Consult a Nursing Home Abuse Lawyer

As an experienced nursing home abuse lawyer who also was a practicing nurse, I’m here with you from the beginning. My firm is small by design and it’s my name on the door. That means I’m selective about the cases I take so that I can personally work all aspects: handling your lawsuit, interviewing witnesses, researching legal and medical issues, and engaging experts.

When you hire me, it’s the beginning of a partnership. Your case will not be handed off to junior attorneys or staff. Instead, I handle all facets of your case. Your case is extremely personal. So is my work for you.

In the end, I believe that law is the great equalizer. It’s what allows individuals like you and me to stand on equal footing against professionals and corporations and their teams of lawyers. Together we can challenge them and hold them accountable for the harm that they cause.

If carelessness has harmed your family through personal injury, wrongful death, or elder mistreatment, please reach out to the Nancy C. Iler Law Firm for a free consultation.