Show #480 Airing Sunday, 5/24/09
Are you worried that your parent or spouse in a nursing home is being abused, mistreated, or just not well cared for? It’s tough to come up with proof, since you can’t be around all the time. But a new Ohio court ruling will make it easier for you to protect your loved one in a nursing facility. Here to explain is my law partner, Laurie Steiner.
Question: Sometimes people in nursing homes are mistreated, or not adequately cared for. But that can be very difficult to prove, right?
Answer: Yes. You may see signs of problems. Perhaps your parent has some bruises or bedsores. Or maybe he or she is losing weight, or complaining of pains that have not been treated. If your parent or spouse can tell you what’s going on, then you can usually take steps to complain and get matters rectified. But not all nursing home residents are able to report on their care and treatment. For example, a parent who is not competent may not be in position to inform you of problems at the facility.
Question: Will medical records disclose what is going on?
Answer: Sometimes. If you have your parent’s health care power of attorney, you should be able to get access to his/her medical records. And they may reveal a problem. But not all mistreatment or neglect winds up reported in medical records.
Question: What else can we do to get more information?
Answer: You can try to talk with other residents at the facility, and their family members. They may have seen things going on, and they may have their own similar concerns. But getting information from others while in the facility might be awkward. And others may not be so willing to talk with facility personnel hovering around.
Question: How does the new court ruling help us protect our loved ones?
Answer: The new case says allows you to get the names and addresses of other residents, and possibly family members, so you can call and speak to them off-site, in a private setting.
In the Ohio lawsuit, the nursing home argued that names and addresses in a resident’s file were confidential medical records, and therefore could not be provided to others. But the court said that when the names and addresses requested are potential witnesses to mistreatment and neglect, that information should be available.
Question: What should we do if we suspect a problem in a nursing home?
Answer: The first thing to do is to talk with the staff, all the way up to the top person in management if necessary. Most places want to do the right thing and will try to help.
But if that doesn’t work, then you may want to contact the long term care ombudsman. In Cuyahoga county, the number is 1-800-365-3112.
And if you still need help, then your last resort is to call a private attorney.
Your parent or spouse deserves quality care in a nursing home. Pay close attention when you visit, to make sure your loved one is being treated right. If not, then follow Laurie’s advice to make sure things change for the better. We’ll be right back.
