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Filing an Elder and Nursing Home Abuse Claim in California

If you suspect elder abuse in a nursing home, it is important for you to report the incident.  In the state of California, the Licensing and Certification division of the California Department of Public Health (DPH) allows for any organization or person (he or she need not be a resident or the resident’s family member) to file a complaint against a nursing home.  The complaint must be a valid complaint pertaining to elder abuse, neglect, or any other matter protected by law, including complaints about visitation rights, physical abuse, under qualified staffing and improper charges.  Be sure to file your complaint promptly with your district DPH Licensing and Certification Office, either orally or in writing.  If you decide to make an oral complaint, you may want to follow up with a written complaint in order to ensure record of your complaint.

Your complaint should include relevant facts, including:

  • Your contact information and relation to the resident, if any;
  • Specific instances of nursing home abuse, including the relevant date(s) and time(s);
  • The name and address of the facility; and
  • Names of any witnesses who could corroborate instances of abuse.

In order to file an elder abuse complaint against an assisted living facility in California, you must file the complaint with the Community Care Licensing (CCL) of the department of Social Services.  Similar to the requirements for filing a complaint with a nursing home, the person filing does not need to be a resident or the resident’s family member.  The purpose of CCL is to regulate the issuance of licenses and conduct periodic inspections of assisted living facilities in order to ensure minimum standards are maintained.  CCL also investigates complaints and enforces laws and regulations relating to assisted living requirements.

File your complaint with the Department of Social Services CCL Senior Care Program Office nearest to you, either orally or in writing.  If you decide to make an oral complaint, make sure to follow up with a written complaint to ensure that there is sufficient record of your complaint.

As with nursing home abuse complaints, your complaint should include:

  • Your contact information and relation to the resident, if any;
  • Specific instances of assisted living abuse, including the relevant date(s) and time(s);
  • The name and address of the facility; and
  • Names of any witnesses who could corroborate instances of abuse.

Contact York Law Firm

Of course, York Law Firm will help you file your claim.  Please call our office so that we can investigate your case at 916-643-2200 or contact us onlineWe are devoted to representing clients in elder abuse and neglect cases.  Given the opportunity, we would be happy to offer our legal expertise to help you get the compensation you deserve for your loved one’s injuries due to abuse or neglect.

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