Does something seem “off” about your loved one’s care in their nursing home? Maybe you noticed an unexplained bruise, poor hygiene, a bedsore, or a sudden behavior change. If so, you may be wondering what to do and who to contact for help.
If you need to know how to file a nursing home complaint in Ohio, you have several options. A regulatory complaint can trigger an investigation into the facility. If abuse or neglect has already caused harm, your family may also be able to pursue a civil claim for compensation.
If you believe your loved one has been harmed by abuse or neglect, an attorney at Nurenberg Paris Injury Lawyers can review what happened and discuss your options. Contact us for a free consultation.
Who Can File a Nursing Home Complaint in Ohio?
You don’t have to be the resident to report care concerns. A complaint may be filed by:
- A nursing home or long-term care facility resident
- A family member, guardian, or legal representative
- A friend or visitor who witnessed a problem
- A facility staff member, with federal protections against retaliation for reporting concerns
- Someone else with a good-faith concern about a resident’s care
You can file a nursing home complaint as a family member even if you are not your loved one’s legal guardian.
Can You File a Nursing Home Complaint Anonymously?
Yes, the Ohio Department of Health (ODH) allows anonymous complaints. However, if you don’t provide your identity and contact information, ODH cannot contact you for additional details or notify you about the outcome of its investigation.
Ohio law prohibits retaliation against residents and staff for making good-faith complaints. ODH also keeps complainant information confidential, except in limited legal or enforcement circumstances.
Steps to File a Nursing Home Complaint in Ohio
The right place to start may depend on what happened and whether your loved one is in immediate danger.
Step 1: Document What Happened
Write down as much information as you can while the details are fresh. Include dates, times, names, room numbers, witnesses, and what you saw or heard.
When appropriate, you can also:
- Photograph visible injuries or unsafe conditions.
- Save emails, texts, and other communications with the facility.
- Keep medical and hospital records.
- Make notes about conversations with staff.
- Record when you reported concerns and how the facility responded.
Good documentation can make it easier to explain your concerns to the facility, regulators, or an attorney.
Step 2: Report the Problem to the Facility (Optional but Recommended)
Ohio nursing homes must have a grievance process. You can submit your concerns in writing and request a care-plan meeting to discuss your loved one’s needs.
Keep a record of the facility’s response.
If you suspect active abuse, criminal conduct, or an immediate threat to your loved one’s safety, you don’t need to raise the issue with the facility first. Contact law enforcement or the Long-Term Care Ombudsman as appropriate.
Step 3: Contact the Long-Term Care Ombudsman
Ohio’s Long-Term Care Ombudsman provides free and confidential assistance to residents of nursing homes and other long-term care facilities.
An ombudsman can explain residents’ rights and work with residents and facilities to resolve concerns. The program doesn’t issue regulatory citations.
Step 4: File a Formal Complaint With ODH
The Ohio Department of Health’s Bureau of Survey and Certification (BOSC) investigates complaints involving nursing homes and other health care facilities. The preferred method is the ODH online complaint form.
Step 5: Contact Other Agencies When Appropriate
Use Medicare Care Compare to look up a nursing home and review its complaint inspection history, including deficiencies found during complaint investigations.
Report suspected criminal conduct to local law enforcement. Health care fraud may also be reported to the Ohio Attorney General’s Health Care Fraud Section.
Suspected financial exploitation of an older adult may be reported to Adult Protective Services through the county Department of Job and Family Services. Concerns involving a nurse or nurse aide can also be included in a complaint filed with ODH.
What Information Should You Include in a Complaint?
Provide as many specific details as you can, including:
- Your name and contact information, unless you are filing anonymously
- The facility’s name and address
- The resident’s name and room number, if known
- The date and time of the incident
- How often the problem has occurred
- Names of staff members, residents, or witnesses involved
- A clear description of what happened and whether the problem appears isolated or ongoing
- Any steps you have already taken to address the problem
- Any other agencies you contacted and how they responded
You don’t need to know every detail before reporting a serious concern.
What Happens After You File?
ODH may assign surveyors to conduct an unannounced investigation. Surveyors may observe the facility, interview residents and staff, and review records.
If you provided your contact information, you should receive an acknowledgment with a tracking number and a written notice about the outcome when the investigation is complete. The investigation process can take weeks or months.
An investigation may result in citations, corrective action, fines, or, in serious cases, decertification.
However, a regulatory investigation doesn’t compensate a resident or family for injuries or other losses.
Is There a Deadline to File a Nursing Home Complaint?
ODH doesn’t accept complaints about incidents that occurred more than one year ago. However, it may review older incidents if they are part of an ongoing problem at the facility.
Lawsuits against nursing homes for abuse, neglect or injury are “medical claims,” which have a one-year limitation period under Ohio Revised Code 2305.113. Lawsuits against nursing homes for wrongful death are subject to a two-year deadline from the date of death.
The time available to pursue a civil claim can depend on the facts of the case and may differ from the period for filing a regulatory complaint, which is why it is critical to call a lawyer as soon as you become aware of potential issue.
What Rights Do Ohio Nursing Home Residents Have?
Ohio nursing home residents have specific rights protected under Ohio law. These rights include:
- Respect and dignity
- Freedom from abuse
- Freedom from unnecessary restraints
- Privacy
- Participation in care decisions
- Management of personal finances
- The ability to raise concerns without retaliation
- Access to visitors and outside services
These rights apply throughout the resident’s stay, not only after a formal complaint is filed.
When a Nursing Home Complaint Is Not Enough
A complaint alerts regulators to a potential problem and may lead to an investigation or enforcement action. It doesn’t pay medical bills after a serious fall, replace money lost through financial exploitation, or compensate a family after a preventable death.
If nursing home abuse or neglect has already caused harm, a family may have the right to pursue a civil claim. Circumstances that may warrant speaking with an attorney include:
- Serious falls
- Pressure sores
- Malnutrition or dehydration
- Medication errors
- Wandering or elopement
- Physical or sexual abuse
- Wrongful death
A civil claim and a regulatory complaint are not mutually exclusive. Depending on the circumstances, a family may pursue both.
An experienced Ohio nursing home abuse attorney can review what happened and help your family understand the options that may be available.
Talk to an Ohio Nursing Home Abuse Attorney
If someone you love has suffered abuse or neglect in a nursing home, it can be difficult to know where to turn or what to do next. The experienced attorneys at Nurenberg Paris Injury Lawyers can listen to your concerns, review what happened, and help you understand your legal options.
Fighting for the injured since 1928, our firm has represented injured people and families throughout Ohio, with offices serving the Cleveland and Toledo areas. With our No Fee Guarantee®, you don’t pay us anything unless we get money for you.
You don’t have to figure out your next steps alone. Schedule a free consultation today.
