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Nursing home Doctor charges medicare monthly, claiming to see my Mom at least 15 min. a day, and they let her get an infection.

Acworth, GA |

My mother is in a nursing home, she had a sore on her left foot. Nursing home told us that they covered it so that her houses shoe wouldn't rub against it. This was at the beginning of Dec. In Mar. they told us that she needed to go to the wound Dr. When he unwrapped her foot. Their was a hole in the side of her foot and it was badly infected. He told me that it was a pressure sore. Now my mom has to go every week to get it cleaned out. Nursing homes never told us anything about it. The dr. at the home said that when he saw it, it was a little sore. The wound dr. said that it had been like that for a while. We trusted the home and now the Dr. and the home won't talk about it. We have POA, home stated that their dr. has the rights to make decisions for our mom, without talking to us first.

Attorney Answers 6


  1. There are a number of issues raised in your inquiry. I would suggest you make an appointment with an attorney who has experience in handling nursing home cases. Take whatever documentation you have to the appointment including admission paperwork, POA, living will, medical records, etc.


  2. What is your question? Are you wondering whether you have a claim against the nursing home? There is not enough information to answer that question. If this is something you are interested in pursuing, you should talk to a personal injury attorney in GA who has experience with nursing home cases. They are different than a typical auto accident or slip and fall, so you need someone who is familiar with the nursing home laws.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.


  3. I practiced medicine for nearly 20 years before becoming an attorney and I am familiar with nursing home healthcare. In many homes, the nursing staff rule the roost. In such, the nursing home doctor is merely an instrument to get orders written. Your mother's foot sore that became a deep ulcer did not happen overnight and it may have been ignored for days to weeks. Find an attorney well versed in nursing home neglect law and discuss with him/her the details of this case. If there has in fact been neglect, hopefully you will be able to exact a measure of justice.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.


  4. The records would need to be reviewed by a local nursing home abuse lawyer.


  5. It is wrong for a healthcare provider of any sort to tell you as the responsible party that you do not have the right be notified or that you can not participate in decision making. Georgia law on nursing home resident's rights is very clear. As the responsible party, you have the right to participate in the development of the resident's care plan and choose or change physicians for the resident among many other available rights. Contact a nursing home neglect lawyer in Georgia right away, and consider another facility for your Mother if you feel her needs are not being me or that you are not being kept informed as the responsible party. Best of luck.


  6. This is definitely a situation that should be investigated and I would suggest you seek the advice of a lawyer. I would also suggest you contact the Office of Regulatory Services within the Georgia Department of Human Resources.

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