Print this page
866–809–5167
SAN FRANCISCO, CA — November 4, 2005 — The California Department of Health Services (DHS) does not respond promptly to complaints about nursing home abuse and neglect, according to a complaint filed in San Francisco Superior Court by the consumer organization California Advocates for Nursing Home Reform and two individual plaintiffs. The group charged that the DHS consistently fails to investigate complaints within the response period required under state law. These failures expose nursing home residents to “abuse, neglect, exploitation, suffering and avoidable death,” the complaint states. It seeks to force the DHS to conduct onsite inspections or investigations within the legal time limits.
Under California law, the DHS must begin an investigation or make an inspection within 10 working days of receipt of a complaint about a nursing home, and within 24 hours if the complaint involves immediate danger of serious bodily harm or death. In the past few years, complaints against California nursing homes have increased and there is a large backlog of investigations, according to the lawsuit. By the time the DHS initiates a claim, evidence is lost and witnesses are unavailable. As a result, the agency routinely dismisses complaints, the lawsuit charges.
A plaintiff in the lawsuit, Patricia Bryant, had filed a complaint with the DHS alleging that neglect by a Los Gatos nursing home contributed to her mother’s death. The DHS took seven weeks to respond to her complaint, Ms. Bryant claims. Julie Fudge, another plaintiff, alleges that the Department took months to respond to her complaint about her mother’s care. Her mother had pneumonia and was transferred from a hospital to a nursing home. She was not properly monitored, the lawsuit says, and died within six days (Press Release, October 18, 2005).
In July of this year, Patricia McGinnis, executive director of California Advocates for Nursing Home Reform testified before the state Senate Committee on Health and the Subcommittee on Aging and Long Term Care. She urged that dedicated complaint response units be established in the District Licensing and Certification offices of the DHS. These would consist of fully staffed, trained teams focused on complaint response and enforcement. The Senate Committees will meet again this month to discuss whether complaints about nursing homes are being adequately investigated.
The California Attorney General’s Office has been going to court in an effort to improve nursing home care. California Advocates for Nursing Home Reform says that this action is necessary because of the DHS’s poor record for answering complaints and issuing citations. “We’re in a real crisis mode in terms of enforcement,” Patricia McGinnis said (Sacramento Bee, October 11, 2005). “I don’t think I’ve ever seen enforcement at such a low ebb.”
Attorney General Bill Lockyer recently obtained a court injunction against a nursing home chain, Sun Healthcare Group, to force it to improve patient care. The group must pay for a wound specialist who will report to the Bureau of Medi–Cal Fraud and Elder Abuse. As part of a settlement agreement, Sun must also pay $2.5 million in fines and investigation costs, increase nursing staff and improve training (Press Release, September 14, 2005).
At Brayton Purcell, we are concerned with the level of care in nursing homes. We can help you with problems such as nursing home violations and inadequate pain management. If you have questions about a nursing home and your legal rights, or the rights of an elderly loved one, please feel free to contact us for more information.
This article can be found at , a web site sponsored by the law firm of Brayton Purcell for educational purposes. Please read our disclaimer and privacy policy.
© Brayton
Purcell LLP 2002–2008
All rights reserved.