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Formal Nursing Home Abuse and Neglect Claims

By Lawrence Buckfire

Republish: EasyPublish™ Published: 21Jun2011 Word count: 594 Viewed: 85 time(s) Get Free Content For Your Site

The Michigan nursing home abuse and neglect lawyers at our law firm represent nursing home residents and their families in lawsuits against nursing homes and residential care facilities. Patients who have been abused and their families can file civil claims seeking money compensation for the injuries suffered due to nursing home neglect and abuse. As a resident of a nursing home facility, you should know your legal rights and the process for filing a complaint.

Filing a Formal Complaint For Nursing Home Abuse

Even though most problems in nursing homes can be resolved without filing formal complaints, there is a formal process for filing formal nursing home complaints to the Bureau of Health Systems (BHS). If you wish to file a complaint against a nursing home facility, you should know the following information. (Information provided by Citizens for Better Care of Michigan - CBC)

1. Anyone can file a complaint with the BHS against a licensed long-term care facility. It is best to make complaints in writing. If you sent a letter, state that you are making a formal complaint and give the name and address of the facility. A complaint filed over the Internet is considered a written complaint.

2. You can file a complaint any time within a year of the event or circumstances you are complaining about.

3. Be as specific and detailed as possible, when you write your complaint about the injuries, incidents, or actions you want investigated. It is best to organize the letter around specific issues rather than telling a story of each day's events.

4. Always include dates, times, names, places, and the people on staff members involved. If any resident(s) has been affected by your complaint, be sure to include his or her name in your complaint. Too much information is never enough.

5. Be sure to include your full name, address, and daytime telephone number where you can be reached. Under Michigan Law, neither your name nor the name of the resident can be disclosed without your permission during the investigation.

6. If there are any witnesses or other parties who wish to provide information about your complaint, mention their names along with all of their contact information so that they may be contacted as well.

7. If they are relevant, it is always helpful to include copies of bills, invoices, letters, death certificates and other documents.

8. State that you would like a copy of the BHS report sent to you within 30 days.

9. Send a copy of your complaint to the local Ombudsman office, and request that BHS send a copy of its investigation report to the local Ombudsman.

10. Send your complaint to the Michigan Department of Community Health, Complaint Investigation Unit, P.O. Box 30664, Lansing, MI 48909.

Legal Rights After A Michigan Nursing Home Abuse Injury

Patients and their families can file civil claims seeking money compensation for the injuries suffered due to nursing home neglect and abuse. In situations in which a patient dies due to the negligence of the facility, the family can file a Michigan Wrongful Death Claim for the loss of their loved one.

Statute of Limitations For Michigan Nursing Home Negligence Lawsuits

The statute of limitations for nursing home abuse varies from state to state. There are strict limitations for filing a nursing home abuse lawsuit. If you miss a deadline, your claim will be lost forever.

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