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My mother has resided in a nursing home for almost a year. Her mental health has recently gotten worse and she is not very aware of her surroundings. In the last month, my mother has complained that some of the male nursing aides have been "touching her". Due to my mother's mental state, I am not sure whether this is real or imagined. Should I report my mother's "touching" complaints to the nursing home?

Absolutely. You should immediately report your mother's complaints to the Administrator and the Director of Nursing of the nursing home. They are required to investigate these complaints and to determine the validity of this complaint. If you do not feel comfortable with the response you get from the nursing home staff, you should contact the Texas Department of Health, the investigative agency that investigates nursing home complaints. An investigation will be undertaken by the Texas Department of Health and you will be made aware of its findings. If you have any further questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My mother's doctor has informed us we should consider placing her in a nursing home due to her continuing deteriorating health. However, we do not know how to determine if the nursing home would be the right one for my mother and I am concerned about the personnel the nursing home may have hired. How can we find out if any complaints have been made against a nursing home and what can we do to find out if the nursing home has checked out its current employees' past histories?

You must visit any prospective nursing home. If you do not feel comfortable with the nursing home you have visited, keep looking. If you are concerned about complaints, you can contact the Texas Department of Health, the investigative agency that investigates nursing home complaints, to see if any complaints have been lodged against the prospective nursing home. There are stringent requirements that nursing homes must follow with regard to background checks of prospective employees. Ask the Administrator of the prospective nursing home about their policy regarding background checks of its employees. You can also contact the Texas Department of Health about any complaints regarding the hiring policies of the prospective nursing homes. If you have any further questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My father resides in a nursing home. He has lost most of his teeth and must have a special soft diet. My father has complained that he has been given items that are hard to chew such as pork chops, fried chicken and other items that he is unable to eat. I have notified the nurses of this problem on several occasions, but my father still complains that he is receiving food that he cannot eat. What can I do to ensure that my father is receiving meals that he can eat?

Each resident of the nursing home facility must be provided with food that is prepared in a form that is designed to meet the individual's need. The food must be palatable and have the proper nutritional value. If a resident is unable to eat any particular item for any reason, substitutes of similar nutritional value must be made available. Speak with the Administrator, Nursing Home Dietician and the Director of Food Services to ensure they are aware of the specific requirements of your father's meals. If, after meeting with these individuals your father is still receiving food he is unable to eat, I suggest you contact the Texas Department of Health, the investigative agency that investigates Nursing Home complaints, to file a complaint. If you have any additional questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My mother resides in a local nursing home and has been bedridden for the last several months. Since my mother has begun remaining in bed, I have seen some sores that have developed on her heel. I have discussed the sores with the nursing home staff and they have told me they are treating the sores and there is nothing to worry about. Is it normal for these type of sores to occur and how dangerous can this be to my mother's health?

The type of sores you are describing are decubitus ulcers which are commonly named pressure sores or bed sores. A resident who enters a facility without bed sores should not develop bed sores. If a resident does develop bed sores, the facility must provide the resident with necessary treatment and services to promote healing, to clear up any infection and to prevent new sores from developing. Bed sores can become extremely infected in a very short time and can cause severe health problems if not immediately treated and corrected. You should contact your mother's physician as soon as possible to ensure he is aware of the bed sores and that everything possible is being done to treat these bed sores. You should also make a complaint with the Administrator of the nursing home. If you are not satisfied with the response you get, you should report this matter to the Texas Department of Human Services, which is the investigative agency that investigates nursing home complaints. If you have any further questions, regarding the rights of the nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My father resides in a nursing home and is not always aware of his surroundings. He will frequently wander about the nursing home and become lost or disoriented. One of the nursing home aids recently informed me that my father had wandered outside of the nursing home and onto the grounds. I am very concerned that something serious could happen to my father because of his wandering and his disorientation. What can be done to ensure that my father does not wander off the premises of the nursing home and become injured?

There are numerous rules and regulations regarding this type of situation for patients in nursing homes. The nursing staff should be trained in this type of situation and your father's physician should certainly be made aware of his wandering and disorientation. He can recommend additional measures, including restraints, if necessary. I suggest you contact your father's physician immediately to discuss this matter. You should also contact the Administrator and possibly follow up in writing to stress the importance of properly monitoring your father and his condition. If you have any further questions regarding the rights of nursing residents and the duties of the nursing home staff, please feel free to contact our office.

My mother is a resident of a local nursing home. Recently I have begun noticing bruises on her legs and arms and around her shoulders. I've asked my mother if she has fallen or has somehow injured herself and she has told me she hasn't. The only other explanation I can arrive at is that she is being handled roughly. How can I determine why my mother is becoming bruised and what should I do about the bruising?

You should immediately contact the Administrator, Director of Nursing and the nursing staff to attempt to determine the cause of the bruising. If it is the result of a physical condition, such as dizziness or imbalance, your mother's physician should be contacted immediately to determine the appropriate course of treatment.

If there is no physical explanation, I would immediately take photographs to document the bruising and discuss this at length with the Administrator, Director of Nursing and the nursing staff. A resident has the right to be free from verbal, sexual, physical and mental abuse. The facility must develop and implement written policies and procedures to prevent any type of abuse and there are many rules and regulations about the employment of individuals who have a history of abuse. The facility should have any evidence of alleged abuse thoroughly investigated to prevent further potential abuse for this resident and other residents. If a violation of abuse is verified, appropriate corrective action will be taken. If you are not satisfied with the results from the nursing facility, contact the Texas Department of Human Services, which is the investigative agency that investigates nursing home complaints. If you have any further questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

My mother resides in a local nursing home. On my last visit, when I went to see my mother, her door was open and the nurse's aide was helping my mother change clothes. This upset me greatly as anyone walking by could have seen my mother while she was changing clothes. My mother has informed me that they very rarely close the door when they are changing her or changing her catheter. What can be done to prevent this from occurring again?

All residents have a right to personal privacy in regards to their personal care, medical treatment and for meetings with family and resident groups. Common sense will tell you that the door should be closed when your mother is being changed or if she is receiving medical treatment such as a change of a catheter. I would immediately make a complaint to the Administrator, Director of Nursing, and the nursing staff about this situation. If it is not resolved to your satisfaction, contact the Texas Department of Human Services, which is the investigative agency that investigates nursing home complaints. If you have any further questions regarding the rights of nursing home residents or the duties of the nursing home staff, please feel free to contact our office.

 


Kerry H. Collins & Associates
1301 Ballinger Street
Fort Worth, Texas 76102

Phone:   (817) 335-9700
Fax:   (817) 335-3669
Email:   info@kerrycollinslaw.com

Toll Free:  1-877-988-1603

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