How to File a Complaint Against a Nursing Home in North Carolina
Trusting a nursing home with someone you love isn’t easy. You hope they’ll be treated with kindness, respect, dignity, and care, but that’s not always the case. When something feels off, whether it’s unexplained bruises or a drastic change in your loved one’s mood, it can leave you rattled.
Is it worth speaking up? Would filing a nursing home complaint in North Carolina be helpful? What happens if you do? Will the nursing home retaliate or take your complaint out on your loved one?
The reality is that abuse and neglect in long-term care facilities happen more often than we would like to believe. According to the National Center on Elder Abuse, for every one case of reported elder abuse, there are upwards of 23 cases that go unreported.
That’s a gut punch and a wake-up call. Ergo, if something doesn’t feel right, you’re probably not imagining things. And you’re not powerless.
Knowing the red flags
Some signs of abuse or neglect are painfully obvious. Others are subtle and easily brushed off as aging. However, you should trust your gut. If something feels off, be more attentive.
Common signs of nursing home abuse or neglect may include:
- Unexplained bruises, cuts, or fractures, especially if they come with a repetitive excuse, like clumsiness.
- Dramatic weight loss or signs of malnutrition
- Poor hygiene, bedsores, or untreated medical conditions
- Withdrawal, fear, or sudden personality changes that are unrelated to medical diagnoses
- Unsanitary conditions, like soiled sheets, bad smells, or infestations of fleas, bedbugs, or cockroaches
- Direct complaints from your loved one about mistreatment
Abuse and neglect aren’t just physical. The National Institutes of Health notes that emotional abuse is the most frequently reported form of elder mistreatment, followed by physical neglect. If your loved one seems scared, confused, or constantly upset or depressed, it’s worth investigating.
Step 1: Document everything
If you suspect something’s wrong, don’t wait to see what happens. Start collecting information as evidence now. Be thorough but discreet.
Keep a running log that includes:
- Dates and times of incidents that may be neglectful or abusive
- Names of staff members involved
- Photos of injuries or unsafe conditions (even a video of your loved one recounting mistreatment)
- Copies of medical records or care plans
- Statements from other residents or visitors
This documentation could become essential, especially if you decide to contact a nursing home abuse attorney or file a lawsuit. The more details you have, the stronger your case will be.
Step 2: Start with the nursing home facilitator
It’s often best to raise concerns with the nursing home before pursuing more aggressive legal action. That means going straight to the top, typically the administrator or director of nursing.
Request a meeting (not just a casual hallway chat) and present your concerns and documentation. Be patient and professional. If you lose your cool, the nursing home could deem you volatile, which could hinder your case. Ask for a written response and corrective action plan. You should expect the nursing home facilitator to take your allegations seriously and come up with something solid to remedy the situation.
The best-case scenario? The facility investigates internally, takes your concerns seriously, and fixes the issue. This could mean improving the care of your loved one and firing the offending staff members. However, if they ignore you, gaslight you, or the problems continue or worsen, go higher with your complaints.
Step 3: File a report with North Carolina state agencies
Are you still seeing signs of abuse? Or is the situation too severe to wait? You can report your complaint to North Carolina’s Division of Health Services Regulation (DHSR), the agency that oversees NC nursing homes.
- Call: Complaint Intake Unit at 1-800-624-3004
- Email: mailto:intake@dhhs.nc.gov
- File Online: Submit a complaint at DHSR.
Need extra support? You can also reach out to the Long-Term Care Ombudsman Program, an advocate for nursing home residents who can help guide your complaints.
A solid complaint can lead to state inspections, citations, fines, or, in extreme cases, mass staff terminations and closure of a dangerous facility. A qualified attorney can help you strengthen your claim.
Step 4: Send a written complaint (Yes, it still matters)
While phone calls or emails get attention, a written complaint creates a paper trail. You can mail it or file online through the DSHR website, but ensure it’s clear and thorough.
Mail to:
Complaint Intake Unit
2711 Mail Service Center
Raleigh, NC 27699-2711
Your letter should include the facility’s name and address, your loved one’s name and relationship with you, a detailed account of abusive or neglectful incidents (with evidence), and your contact information. You can also request anonymity if necessary.
Do you want peace of mind? Have a nursing home abuse lawyer review your letter before you send it. They’ll ensure the letter is worded professionally and includes everything to support a solid investigation.
Step 5: What happens after you file?
After submitting your complaint, the process unfolds like this:
- You’ll receive notice that your complaint was received.
- DHSR inspectors will review the complaint and may make unannounced visits to the nursing home.
- You’ll be informed of the results. This could include citations, penalties, or requirements for correction to make the nursing home better.
- If you disagree with the decision, you can appeal through the state’s formal process.
Remember that investigations can take weeks or months because complaints are often backlogged. If your loved one is in immediate danger, don’t wait for the system to catch up. Call a nursing home attorney now.
When should you contact a nursing home abuse lawyer?
The sooner, the better.
If your loved one has suffered serious injuries (or wrongful death), or if the facility won’t cooperate or take accountability, call a nursing home abuse lawyer. You should also consider legal action if you’re concerned about retaliation after a complaint, or if you’re unsure how to gather evidence or file a complaint correctly.
According to CMS data, 94% of United States nursing homes were cited for deficiencies in the last five years. Translation? Poor care isn’t rare, but that doesn’t mean it’s okay.
Contact a seasoned legal team like Price Petho & Associates to understand your rights and protect your loved one from nursing home abuse and neglect.
Attorney Doug Petho is the owner and founder of Price, Petho & Associates. His primary focus is the litigation of plaintiff’s personal injury suits, and he has successfully tried hundreds of cases to jury verdict involving car accidents, trucking accidents, pedestrian accidents, slip and fall accidents, and work-related accidents. Contact his office in Charlotte today.