Filing a complaint is a protected right. Not only does it help your loved one, but it often leads to systemic changes that protect every resident in the building. Here is the step-by-step process for filing a complaint.
Start With the Facility
Many issues, especially those regarding daily care, food quality, or minor administrative errors, can be resolved quickly by talking to the staff directly. Federal law requires Medicare and Medicaid-certified facilities to have a formal grievance process.
- Speak with the charge nurse or administrator: Start with the person directly responsible for the unit. If the issue isn’t resolved, move up to the Director of Nursing (DON) or the Nursing Home Administrator (NHA).
- Submit a written grievance: Every facility must have a designated grievance official. Ask for their official form. Once you submit it, the facility is required to provide you with a written decision and a summary of their investigation.
- Request a care plan meeting: You have the right to call a meeting with the interdisciplinary team, including doctors, nurses, and social workers, to address specific medical or behavioral concerns.
Contact the Long-Term Care Ombudsman
If you feel the facility is ignoring your concerns, or if you are uncomfortable speaking to them directly, your next call should be to the long-term care ombudsman.
An Ombudsman is a free, confidential advocate for nursing home residents. They are not employees of the nursing home. In Illinois, long-term care ombudsmen are independent resident advocates who help residents understand their rights, investigate complaints, maintain confidentiality, and work to resolve concerns. They can visit the facility and work to mediate a resolution between the family and the administration.
File a Formal State Complaint
For serious concerns involving health violations, safety hazards, inadequate care or possible neglect, you can file a formal complaint with the Illinois Department of Public Health. This agency is often part of the state health department or department of public health.
- The investigation: A formal complaint often triggers an unannounced survey or inspection. State officials will enter the building, interview staff, and review medical records.
- Citations and fines: If the state finds deficiencies, the facility may be cited, fined, or forced to submit a formal “Plan of Correction.”
- Anonymity: You can choose to file these reports anonymously to protect yourself or your loved one from potential retaliation.
Reporting Abuse or Criminal Activity
If you suspect physical abuse, sexual abuse, or willful neglect, these are criminal matters that require immediate intervention.
- Emergency services: If a resident is in immediate danger, call 911.
- Illinois Department of Public Health: For abuse, neglect, or safety concerns involving a nursing-home resident, call the IDPH Nursing Home Complaint Hotline.
- Law enforcement: File a report with the local police department for any suspected criminal activity.
Details are Important
A detailed complaint is far more likely to result in a successful investigation. When you prepare your report, try to include:
- Dates and times: Be as specific as possible about when the incidents occurred.
- Names and titles: Note the names and titles of staff members involved or witnesses who saw what happened.
- Physical evidence: If there are safety hazards like broken equipment or visible injuries, take clear photographs.
- Impact: Clearly describe how the situation has affected the resident’s physical or emotional health.
Levin & Perconti Can Help After Nursing Home Abuse and Neglect
At Levin & Perconti, we’re a team of highly skilled and committed nursing home abuse lawyers in Illinois who fight to ensure you receive maximum civil justice for the abuse that you and your family suffered.
We can help you understand your reporting options, preserve evidence, prepare a detailed complaint, and even pursue a civil claim when abuse or neglect has caused harm. If you would like to talk with someone about your situation, you can contact Levin & Perconti at (312) 332-2872 for guidance.
