• How to Ensure Quality Nursing Home Care
• Potential Signs of Abuse or Neglect
• Selecting A Nursing Home For A Loved One
• Valuable information from our friend H. Clyde Farrell, Elder Law Attorney

"If you suspect abuse...start documenting your concerns both in writing and with photographs and videotape, the sooner, the better."

1. Get involved and be informed. Call your ombudsman (the state agent who oversees elder care in your area) or the Department of Human Services and obtain a copy of the rules and regulations governing nursing homes. Know residents’ rights. The Capital Area Ombudsman may be reached at 1-888-622-9111.

2. Make unscheduled visits. Pop in to see how your loved one is being treated when they don’t know you’re coming. Carefully check your loved one’s condition by looking under the sheets. Make sure the call and light buttons are within reach.

3. Read the charts. Don’t assume the facility is properly caring for your loved one. If you don’t understand what you read, ask questions. If you suspect improper treatment, ask for copies of the records and take them to an independent source for review.

4. If you have concerns, document them. Keep meticulous records of any problems you encounter, including dates, times and parties involved. Send a letter of concern to management with a copy to your ombudsman.

5. Create a resident advocate group of family members. Meet with family members of other residents on a regular basis to discuss concerns. Document the discussions and copy your ombudsman.

6. If you suspect abuse...start documenting your concerns both in writing and with photographs and videotape, the sooner, the better. Ask questions and write down what you are told.

1. Rapid weight loss
2. Development of bed sores
3. Broken bones
4. Injury resulting from use of restraint or lack of restraint
5. Heavy medication and sedation use in place of supervision
6. Caretaker cannot adequately explain condition
7. The occurrence of nursing home resident-on-resident violence
8. The resident is suddenly and unexpectedly emotionally upset or agitated, withdrawn or non-communicative
9. Resident known to be incontinent is left in his or her urine or feces
10. Unexplained falls
11. Unexplained or unexpected death

Selecting a Nursing Home for a Loved One

"Trust us. Trust us with your mother, your father, your grandparent or any other loved one. We know it's difficult for you to take care of them in your home. We have a great staff that really cares. Your loved one will make new friends here and will receive the highest quality of care." That's what the nursing home providers tell us. So we trust them.

Any family considering a nursing home for an aging relative is, in effect, asked to trust the institution -- often without knowing many specifics about the training its staff receives, the institution's record with the Texas Department of Human Services and a score of other issues which can affect a loved one's quality of care.

This remains the case even as more information comes to light each year about nursing home abuse and neglect. As consumers, you must do your homework before making such an important decision. Following are a few tips for conducting a background check on the nursing homes you are considering for your loved one:

1. What is the staffing ratio of patients to care providers? Many homes have too many patients for the number of staff to care for them.

2. What kind of training do the care providers have? All too often, staff members are not adequately trained to deal with the multitude of health problems they must address. You should look for care providers who are experienced nurses or certified nurse assistants (CNA). In some states, nursing homes are allowed to hire people off the street, with no medical or nursing background whatsoever, so long as they take a test within a short time of coming to work for the nursing home.

3. Are restraints or bed rails used in the nursing homes you are considering? If bed rails are used, what type are being used and what is the incidence of injury or death associated with this particular bed rail? Many types of bed rails can caused serious injury and death rather than keeping patients safe. Restraints can also be dangerous. Find out what policies and procedures are in place for the use of bed rails and restraints.

4. Find out how the nursing home administrators monitor and supervise the their nursing personnel. There should be a vehicle in place for administrators to ensure their nursing staff are treating patients with proper care.

5. Find out if the nursing homes you are considering have records with the Texas Department of Human Services. You may write to the Texas Department of Human Services and request all documents in the Facility Master Files on the facility.

If you think your loved one might have experienced nursing home abuse, please call us at The Rusk Law Firm: 512-476-7600. We will be happy to help you determine whether or not you should pursue legal action.