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 Human Services, 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 Alzheimer's Disease. On a recent visit, I noticed she was limping and I asked one of the nurses if she had injured herself. The nurse told me that she had fallen several days ago. I was not made aware of this fall so I asked if I could look at my mother's medical records. The nurse informed me that she would have to talk to the Administrator before she could provide me with the records. It has been almost three weeks since I made the request for the medical records and I have not been able to look at them. Should I have been informed of my mother's fall and am I entitled to look at my mother's medical records?

Yes. Any incident that involves an injury requires that the resident's responsible party and attending physician be notified immediately. Therefore, you and your mother's physician should have been notified of the fall. Further, the nursing home is required to allow you access to all records of your mother within twenty-four hours of a written or oral request. You are also entitled to receive copies of the records or any portion of the records within forty-eight hours of your request to the facility. Therefore, you should have already had access to the records and received copies, if you so desire. I would immediately discuss these matters with the Administrator of the nursing home. If you are not satisfied with the response, you should contact a Board Certified Personal Injury Trial Law Attorney to discuss your rights and the options you have on behalf of your mother. 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'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 Human Services 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 mother resides in a local nursing home. Over the last few weeks when I visited my mother, the staff seems very hurried and when I have asked them to bring my mother something, such as water or a snack, it has taken a very long time. One of the nurses' aides informed me they are very short- handed as several people have recently quit. I'm afraid that my mother and the other residents may not be getting the appropriate care they need if they are short-handed. Are there any rules or regulations regarding how many persons a nursing home must employ so that the residents are appropriately cared for?

Yes. There are numerous rules and regulations regarding the number of registered nurses, licensed vocational nurses and nurses' aides which should be present depending on the number of residents in the nursing home. As you have seen, if the nursing home has too few people, it can cause a lack in timely and appropriate medical attention or care. Discuss this matter with the Administrator of the nursing home. If you do not feel comfortable, you should consider moving your mother to another nursing home or contact the Texas Department of Human Services, which is the state agency that regulates 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.

Several weeks ago while visiting my mother in a nursing home, I noticed my mother was wearing socks. When I removed the socks I saw that both of her feet were bandaged. I became very concerned and asked the nurses why my mother's feet were bandaged and had socks over them. They informed me that she constantly complained her feet were cold and they were doing this to keep her feet warm. On my most recent visit to my mother when I entered the room the nurse was removing the gauze and I noticed my mother had large bed sores on her heels. I became extremely upset and was then told that the bandages and socks that were placed on my mother's feet were to help prevent the bed sores from getting any worse. Could the bed sores have been prevented and should I have been notified of my mother's condition?

Based upon a comprehensive assessment of the resident, the facility must insure that a resident who enters a facility without pressure sores does not develop pressure sores and a resident having pressure sores receives the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. Further, you and your mother's physician should have been notified of the bed sores. You should immediately contact your mother's physician to ensure he is aware of these bed sores and that he has ordered appropriate treatment. You should also contact the Administrator and Director of Nursing to find out why the bed sores have gotten to the stage they are currently in, and why you were not notified. If you are not happy with the response you receive, contact the Texas Department of Human Services, which is the state agency that investigates complaints against nursing homes. If you have any further questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My father resides in a local nursing home. The past several times I have visited him, I have noticed a cough. I have asked the nurses if they would examine him or have the doctor examine him. I was assured that either they or the doctor would examine him and if there was any problem they would give him cough medication or an antibiotic. Last week I was called by emergency room staff at a local hospital who wanted information on my father as he was being admitted into the hospital for a severe case of pneumonia. I was extremely upset that I was not notified my father had been taken to a hospital and cannot understand how he can have developed pneumonia if the nursing home had examined him. Should I have been notified that my father was taken to a hospital for pneumonia and should the pneumonia have been detected earlier?

Before a nursing transfers or discharges a resident, the nursing home must notify the responsible party or family or legal representative about the transfer or discharge and the reasons for the transfer or discharge. The nursing home staff should make an assessment of each resident after a significant change in a resident's physical or mental condition and a quarterly assessment should be performed. Further, the nursing home staff should contact your father's physician whenever there is a change of condition, continue to assess your father and update his physician so that appropriate care and treatment can be rendered. You should contact the Administrator and the Director of Nursing as well as your father's physician to see what, if anything, was done to notify the doctor and what assessment and treatment was undertaken. If you are unhappy with the response you receive, contact the Texas Department of Human Services, which is the state agency that investigates complaints against nursing homes. If you have any further questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My father has lived in a nursing home for over a year. In the last several months he has begun to wander around the nursing home and is not aware of his surroundings. Recently, I was contacted as my father had wandered outside when it was very hot and apparently went unnoticed for several hours. He was taken to the hospital because he was severely dehydrated. When I was notified this had happened, I was extremely upset and cannot understand how this could have been allowed to happen. What can be done to insure my father is receiving adequate care and will not wander off the premises?

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. You should talk to your father's physician about what can be done at the nursing home based upon your father's particular condition and then discuss this matter with the Administrator and the Director of Nursing. I would suggest that you follow up in writing to stress the importance of properly monitoring your father and his condition while at the nursing home. 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.