Practicing Law With a Passion for the Rights of the Individual
Jackson Advocate
Clifford Greene (not his real name) had lost the use of his arms and legs after a tragic fall left him almost completely paralyzed. For seven years his family cared for him at home with the help of a home health aide. But due to a death in the family, Clifford was forced to enter a nursing home.
After only four months in the home, his body was covered with bedsores, he had lost more than twenty pounds, had contracted pneumonia and his blood became so infected he was sent to an emergency room where he died because no medicine could save him.
What can you do from preventing someone you love from becoming a victim of a nursing home nightmare?
- Check to make sure the home is properly staffed . Bad care usually begins and ends with a lack of staff. A recent report to congress found that most nursing homes are dangerously understaffed and that this understaffing leads to neglect of nursing home residents. What signs should you look for?
- Aides who are not responsive when you call for them.
- There is nobody at the nurses’ station.
- The staff seems rushed and unable to spend quality time with the residents.
- The staff appears overworked and very tired from working double or triple shifts.
If you see the above warning signs, you need to be concerned. Bring your concern to the administrators or to the State. If your comments fall on deaf ears, you need to find another home.
- Look for signs of depression . Being in a nursing home is hard enough on anyone, but if you notice that your loved one is severely and persistently depressed, you should be concerned. Depression can lead to other problems and often the home will give medicines to treat the depression instead of improving the care. Too often this will start a downward cycle that can lead to an untimely death.
- Make personal, up-close inspections of your loved one . Check arms, legs, back, and if appropriate, private areas, for cuts, scrapes, bruises or bedsores. Many times someone with dementia will not be able to detect or recognize the signs of abuse or neglect. It is important that you make regular inspections and that you bring your observations to the Director of Nursing.
- Read the charts and regularly meet with staff . Is medicine being properly administered? Is the resident being fed, turned, or given therapy? And most important: Is care being charted that you know was not given? Don’t be afraid to ask questions and raise concerns about false or fraudulent charting. In many of our cases, false charting is common and is often a sure sign of abuse or neglect.
- Visit often and stagger visitation times. Your presence is often the most effective way to deter neglect or abuse. Show up at odd times and let the staff know that you are a frequent and caring visitor. While you should try to develop a good relationship with the caregivers, let them know you will demand the best of care.
Sadly for many families, the only way to ensure good care is to oversee the process themselves. If you take an active approach, keep your eyes open and know what to look for, you can reduce the chances that someone you love will become another casualty in the nursing home crisis currently facing our nation.
If all these measures fail, it is important that you know your rights. If someone you love is abused or neglected, and you can’t get help from the home or from the state, contact a law firm that regularly handles these types of cases and has a track record of success. Talk to friends or relatives or contact your local Bar association, they can often give you a list of attorneys in your area who can meet your needs.
Jim Wilkes is the co-founder of Wilkes & McHugh, a law firm that has been nationally recognized for its work on behalf of nursing home residents. The firm has offices throughout the Southeast including Mississippi.
© 2000 All Rights Reserved