1. What 20 Years As A Nursing Home Abuse Litigator Has Taught MeBy
Joe Musso
Ashcraft & Gerel, LLP
Suite 650
4900 Seminary Road
Alexandria VA 22311
(703)933)2416

2. WHY YOU SHOULD LISTEN TO ME
Started a Nursing Home Abuse Practice 20 years ago
Represented Hundreds of Families
I’ve seen every type of abuse and neglect imaginable
I’m still doing it today

3. My Objectives For Today
“I am doing this so that it doesn’t happen to someone else”

4. All Advocacy Begins With Understanding Motivation

5. A Nursing Home Is A Business

6. For Staff, It’s a JOB

7. Knowledge is Power Know about the nursing facility
Know the nursing process
Know your resident’s preferences
Know your resident’s medical history
Know your resident’s healthcare providers
Know your resident’s caretakers and administration at the facility
Know your resident’s rights
Know how to enforce your resident’s rights

8. Know About The Nursing Facility
Visit more than once if possible
Ask to speak to the administrator
(nursing home compare)
Job Reviews on Employment Sites (indeed.com etc)
Ask to speak to someone on the family/resident council
Ask for a copy of the standard admission agreement if possible

9. Know About The Nursing Process
Assessment
Plan
Implementation
Evaluation

10. Know Your Resident’s Preferences
What are their likes/dislikes?
What are their hobbies/activities?
Social History/Work History
Habits, wake time, bed time, behaviors
Favorite foods
Risks/dangers you are aware of?

11. Know Your Resident’s Medical History
Every Medical Diagnosis
When Every Medical Diagnosis Was Made
Who Made Every Medical Diagnosis
Every Treatment/Medication/Surgery That The Resident Had For Each Diagnosis Made
Allergies/Medication Reactions

12. Know Your Resident’s Healthcare Providers
Who They Are
What They Treat
What They Have Prescribed
Contact Information

13. Know Your Resident’s Caretakers And Administrators
DON
ADON
Charge Nurse
Floor Nurse
CNAs
Therapists
Attending Physician
Medical Director

14. Know Your Resident’s Rights
Right to be free from neglect or abuse
Right to be informed about medical treatment and to refuse medical treatment
Right to dignity and a home-like environment
Right to attorneys, priests and family/friends
Right to attain or maintain the highest practicable physical, emotional and psychosocial well being
Right to see your nursing home records immediately and a copy provided within 2 business days if requested in writing
Right to know the staffing level in the facility
Right to be provided and inspect the survey history of the facility
Right to make complaints to the facility or the State Agencies and/or ombudsman
Right to form or participate in a resident council
Right to participate in the assessment and careplan process (or your designated representative)

15. Know How To Enforce Your Resident’s Rights (Climbing The Ladder)
State Survey Agency
Department of Health and Human Services
Attorney
Police
Document, Document, Document! (cc: Administator/Owner, Attny, State)

16. Specific Lessons

17. This Is A World Of Limited Resources

18. When It Comes To Mood, Drugs Are A Last Resort

19. Skin Always Tells A Story

20. Hygiene Matters

21. Nutrition And Hydration Is Usually More Important Than Medicine

22. Interdisciplinary Careplan Conferences

23. “We never said that”

24. Use It Or Lose It

25. What Makes Life Worth Living?