Male: Now, Legal Brief with Bree featuring Jim Higgins with answers and advice on legal matters.
Female: Joining me today to talk about nursing home neglect is Attorney Jim Higgins from The Higgins Law Firm. Jim, thank you so much for being here and talking about this kind of what can be a sensitive topic.
Jim Higgins: Sure.
Female: Talk to me a little bit about some of the neglect cases that you have seen recently in your firm.
Jim Higgins: You know, we just recently settled one that I think is unfortunately kind of typical in some of the cases we have. It was a family whose mom was in a home and they weren’t able to get to see her for a little bit and when they did come back, she had – was malnourished, dehydration, she had gotten in such bad shape from neglect that they just couldn’t bring her back. And that was real hard case.
When we got it in, you know, the nursing home said, “Well, she is just getting older,” but we were able to get all the records, have our experts review it, and when they did that, we found out that she wasn’t getting that basic care, she wasn’t getting water and fed and kept clean.
And when we talked to some of the people who work there, they said, “Hey, we just couldn’t, there weren’t enough people at this home to take care of everybody,” which understaffing is something we see a lot of in these cases.
Female: Sure.
Jim Higgins: So unfortunately, you know, great homes and bad homes but that is something we see in a lot of homes that I think give subpar care.
Female: Sure. If you have a loved one and you may be thinking, “Hey, something is going on here, I’m not sure if they’re getting the proper care,” take us through the steps. Jim Higgins: The first thing you do, you know, you don’t necessarily need to call us, just talk to the administrator, talk to the director of nursing, let them know of all, let them know your concerns.
A lot of times that will do it. You know, be a part of that person’s life and care there, and if it’s not, it was gotten beyond that then call us and we can either, you know, help on the case that needs to be filed or direct them to the right department to get some help.
Female: And I think it’s definitely important to just reiterate there are some excellent homes out there but I guess, like you mentioned, just being the advocate for that loved one is so very important.
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A Chattanooga Nursing Home Neglect Lawyer Answers Your Your Frequently Asked Questions
As leading nursing home neglect lawyers in Chattanooga, TN, The Higgins Firm frequently receives calls from concerned family members who believe their loved one is being neglected in a nursing home. The following are two of the most common questions we are asked:
How Can I Get a Copy of my Loved Ones Medical Records From the Nursing Home?
Due to the privacy regulations, or HIPPA, as well as complicated, often confusing laws, that apply to obtaining records, on the part of the facility and person requesting them, you might find that it is relatively difficult to get a copy of your loved ones medical records from the nursing home or doctor.
That being said, there are state and federal laws that guarantee patients and authorized persons can get a copy of medical records when the laws are abided by. This includes the:
In order to get a copy of any records, you must submit a written request to the manager, director, or otherwise administrator of the facility. You will be responsible for any reasonable expenses, and the facility must respond within 30 days from the written request.
In the event of the nursing home, or facility, needing more time to comply with the request, they must provide you with a written statement that discusses the reasons for the delay, and when the information will eventually be provided. In any case, 60 days is the maximum time it can take for copies of medical records to be sent to you.
According to federal law, the patient of a nursing home, or their legal representative, can legally access all records within 24 hours of the request. They also have the right to privacy and confidentiality of all records. This means the patient or their legal representative can refuse the release of any records to a third party, unless it is required by law.
Important Tips to Consider
If you don’t understand this, or are concerned about possible repercussions, you can call a Chattanooga nursing home neglect lawyer for help.
A representative called me to talk about my loved one’s recent injury, should I talk with them?
In general, you should not talk to anyone before you have spoken with a Chattanooga nursing home neglect lawyer. Although it might seem like the representative is trying to console you and resolve the situation as quickly as possible, their allegiance remains with the facility.
It is not uncommon for representatives to misguide or take advantage of people who are inexperienced with nursing home injury cases. As the injured party, the family of the injured or a deceased person, it is your right to speak with a nursing home neglect lawyer in Chattanooga, Tennessee first.
The Higgins Firm: A Personal Injury Firm You Can Count On
If you are ready to call a top Chattanooga nursing home neglect lawyer, look no further than The Higgins Firm.
The insurance company has a legal team. You should too.
