Frequently Asked Questions > About Nursing Home Cases

FAQ Nursing Home

Who can I contact if my loved one is being neglected in a nursing Home?

You may feel free to contact us if you suspect neglect or abuse. 

In Tennessee, you may also wish to call the Tennessee Department of Health, Office of Investigations of Health Related Boards. They will complete an investigation on your complaint, whether it is in regards to a health care employee, physician, or a medical or nursing home facility. Their toll free number is 1-800-852-2187. Their office is located at 425 Fifth Ave., North, Third Floor, Cordell Hull Building, Nashville, TN 37247-0110. They typically request that complaints be in writing, so be prepared to receive a form in the mail to complete. Once you complete this form and send back to them, they will investigate your claim and let you know the outcome of their investigation. Please contact the Tennessee Department of Health if you have further questions.

In Georgia, you can call the Georgia Resident Care and Long Term Care Facility Complaint line. That number is (404) 657-5728. You can also contact the Georgia Office of Regulatory Services, Georgia Department of Human Resources located at 2 Peachtree Street NW, 21 st Floor, Suite 21-325, Atlanta, Georgia 30303-3167. Their number is (404) 657-5700.

In Alabama, you can call the Alabama Department of Public Health at (334) 206-5300. To report abuse by a nursing home employee, call 800-356-9596. You can also contact the Division of Licensure and Certification, Alabama Department of Public Health, PO Box 303017, Montgomery, Alabama 36130-3017. Their number is (334) 206-5077.

Is their any other agency that I can call if my loved one is being neglected?

Yes. In Tennessee, you can also contact the Adult Protective Services at 1-888-277-8366 to report any neglect or abuse that is going on. In addition, you can reach the Tennessee Ombudsman who will work with you and the nursing home to try and resolve your dispute. To find out the number to your local ombudsman, call their Nashville office at 1-615-744-2056 and they will provide you with the name and number to the ombudsman in your area, and answer any questions you may have about how they can assist you.

In Georgia, you can contact the Ombudsman at 888-454-5826.

In Alabama, you can contact the Alabama Department of Senior Services at (334)-242-5743, or 877-425-2243. You can also locate your Ombudsman by calling (332) 242-5743.

Who do I contact if I suspect that the facility is committing Medicare Fraud?

You can call 800-447-8477 to report medicare fraud. You can also find out more information on what to do if you suspect a facility or person is committing Medicare fraud by going to the Medicare website, at www.medicare.gov or you may always feel free to contact us with your questions or concerns.

How do I find out how this facility ranks according to federal guidelines?

You can see the latest state survey results to any nursing home, by going to www.medicare.gov. and click on nursing home compare, then add your state and county where the facility is located that you want information on.

How do I find out if this facility has any lawsuits filed against it?

You would want to contact the court clerk of the county where the nursing home is located, to find out how you would search records of lawsuits filed against a particular facility. This may take you a while to find out all the lawsuits that have been filed and what each case is about, and you will be charged for any copy costs. However, this is public information that can prove invaluable when deciding on a facility for your loved one to reside.

Can I get any other information about a particular nursing home?

Yes, you can get numerous documents from the state department of health, such as all the past survey information (Annual 2567 Surveys), citations of the facility, resident census and condition (HCFA 672)), facility staffing report (HCFA 671), etc., under the Freedom of Information Act. All this information is public information, but be prepared for any request to take several weeks or months before completed, and you will be charged a fee for each document, which can quickly add up depending on what documents you request and how many years you want the documents on.

In Tennessee, you must write to: State of Tennessee Department of Health Bureau of Health Licensure and Regulation Division of Health Care Facilities, 425 Fifth Avenue North, 1st Floor, Cordell Hull Building, Nashville, TN 37247-0508.

In Georgia contact the Georgia Office of Regulatory Services, Georgia Department of Human Resources located at 2 Peachtree Street NW, 21 st Floor, Suite 21-325, Atlanta, Georgia 30303-3167. Their number is (404) 657-5700.

In Alabama contact the Division of Licensure and Certification, Alabama Department of Public Health, PO Box 303017, Montgomery, Alabama 36130-3017. Their number is (334) 206-5077.

Is there a time limit in which I can file a claim?

YES! There is a limited time in which you can file a claim, primarily depending on the state where the incident occurred, i.e. the location of nursing home. In Tennessee, that period of time is ONE YEAR. Although there are some circumstances that extend this period, you must consult with an attorney to make sure that any claim you have has not expired under the state law. In Georgia and Alabama, that period of time is extended to two years.

Are there any steps that I can take to ensure that my family member is being taken care of?

YES! The most important thing is to BE INVOLVED with his/her care on a REGULAR BASIS! Make frequent visits to the nursing home and at varying times. Ask the staff members frequently about what all is going on with the care. Make sure you are aware of the care that is being provided to your loved one, including knowing when they are supposed to be bathed, what medications he/she is on, who their treating physician is and when he/she comes in to visit the patient. Find out who the CNA’s and nurses are that provide care to him/her on a daily basis. Ask what the CNA to patient ratio is for each shift. Ask the CNA’s if they feel that they are over-worked or understaffed. Check to make sure that a nurse is available at all times, and that they are not located on a different wing or floor. If the CNA’s feel over-worked and understaffed, and can’t ever find a nurse to assist them, chances are that the residents are not receiving adequate care and some residents don’t get the attention or care that is deserved.

Make sure that your loved one is turned and repositioned every two hours if he/she is a bed bound patient, and that they have sufficient water and food intake. If these needs are not being done, chances are that pressure sores will develop or the resident will be dehydrated or malnourished. Any of these can develop rapidly, and can lead to serious medical conditions, including death.

If problems begin to develop, keep track of what is going on with the care and what you notice with the resident. Write down all you observe and hear, including the names of employees you speak to, and the dates and times of any conversations that take place between yourself and any staff member. If there is any injury that can be seen by a photograph, then TAKE PICTURES! This is the best evidence that can show what the problems are, and that will show if the condition is improving or worsening. This is one of the biggest keys to successfully prosecuting any nursing home claim. The more pictures that are taken at different intervals, the better the chances of recovery.

However, if any bandages cover any wounds, make sure you take pictures that include both what the bandages look like, and what the wound itself looks like. In order to take pictures of a wound that has a dressing on it, you must wait and take pictures during a dressing change completed by the qualified staff member. Do NOT try and remove wound dressings on your own, as this can cause a greater infection in the patient if not done properly. You would not want the nursing home to be able to claim that YOU were the cause of a systemic infection if you changed the dressing.

Also, if you are concerned that the patients health is rapidly declining and no staff member seems to address your concerns, CONTACT THE PHYSICIAN! Get an employee to contact the patient’s treating physician to come and evaluate the patient, or for an order to send him/her to the emergency room. You must insist on this being done since your loved one’s life could be in danger. If the nurse refuses to contact the physician, then call 911 yourself to get an ambulance to take him/her to the hospital. The first priority should be taking care of the resident. However, be prepared for possibility that insurance may not cover for the ambulance or emergency room visit without a physician’s order.

Ask to see the plans of care that were written specifically for your loved one, and to make a copy of it. Also, make sure you are aware of all dates and attend the care plan conferences that often held on a monthly basis. Make thorough notes of what is discussed by the employees, and any changes they may have to his/her plan of care.

Also, either the competent patient or the patient’s power of attorney (in the event of death - the executor of the will or the administrator of the estate) can request a copy of the medical records of the patient. If you suspect that the patient is being neglected in any way or died as a result of neglect, then this would be one of the first items that any attorney will request to see. However, there will be a copy fee that you will be charged by the facility for obtaining these records, and you may be asked to show proof that you have the legal authority to obtain the records on the residents behalf. Have these documents with you and ready to show when you request the medical records.

Contact us if you believe a loved one has been abused or neglected at a nursing home or similar facility.


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This page was last updated on Mon Jun 13, 2005.

 

McMahan Law Firm
323 High Street Chattanooga, TN 37403
Phone: (423) 265-1100 1-800-779-5822 | Email: John@McMahanLawFirm.com