Texas Nursing Home Abuse Lawyers

Common Signs of Nursing Home Neglect or Abuse

Recognizing the signs of nursing home abuse and neglect is pivotal in protecting our loved ones and ensuring they receive dignified care. Often, these warning signs can be subtle or mistakenly attributed to the individual’s age or health condition. It is crucial to remain vigilant and consider the following indicators:

• Unexplained Injuries or Bruises:  These may suggest falls, rough handling, or even physical abuse. Bedsores, bumps or bruises, or frequent injuries are physical examples of this problem.
• Sudden Changes in Behavior:  Look for signs such as fearfulness or withdrawal which could indicate emotional trauma. Examples may include unexplained mood changes, withdrawn or emotionless behavior, or hesitance to speak about their environment or other topics.
• Poor Personal Hygiene:  Neglect may be at play if residents appear unclean, unbathed, or in soiled clothing. Further, the resident may cease practicing personal hygiene to avoid eating in the cafeteria or participating in normal daily activities.
• Rapid Weight Loss:  This might suggest that a resident isn’t receiving proper sustenance, and may be dehydrated or suffering from malnutrition.
• Unsanitary Living Conditions:  A clean living environment is essential for health and safety, and neglect could be indicated by dirty facilities or the presence of hazards.

If you notice any of these signs, it is crucial to act promptly. The Texas nursing home abuse lawyers at Thompson Law are dedicated to providing support and legal counsel to ensure the swift and just resolution of such grievous concerns. Contact our Texas nursing home abuse lawyers today.

Common Types of Nursing Home Abuse

Recognizing the different types of neglect or abuse in nursing homes is a crucial step in ensuring the safety and well-being of our elderly loved ones. Unfortunately, abuse can manifest in various forms, ranging from physical harm to emotional and financial mistreatment. It is imperative to be vigilant and knowledgeable about these types to take action if necessary.

• Physical Abuse:  This includes any form of physical harm dealt to a resident, such as hitting, pushing, or inappropriate use of restraints.
• Emotional Abuse:  Often more challenging to detect, emotional or psychological abuse can involve verbal assaults, threats, or other forms of harassment that detrimentally impact a resident’s mental health.
• Sexual Abuse:  Any non-consensual sexual contact or interaction with a resident falls within this disturbing category.
• Medical Neglect:  When staff fail to provide adequate care resulting in harm or risk of harm to residents, it constitutes neglect. This may include not assisting with personal hygiene, failure to administer necessary medication, ignoring valid requests from residents, or failing to provide necessary medical care.
• Financial Exploitation:  Unauthorized use of a resident’s finances or assets, whether through deception, coercion, or theft, is a serious concern in some facilities.

When you suspect that a loved one may be suffering from any of these types of nursing home neglect or abuse, it’s essential to seek experienced legal assistance promptly. The Texas nursing home abuse lawyers at Thompson Law are here to help you identify these transgressions and fight for the rights and dignity of your family member. Call our Texas nursing home abuse lawyers for a FREE CASE REVIEW.

Typical Nursing Home Abuse Injuries

Elders in long-term care facilities are particularly vulnerable to injuries that can arise from various forms of abuse and neglect. Identifying these injuries is a crucial step in safeguarding the well-being of our loved ones. Common injuries suffered due to nursing home abuse include:

• Fractures and Broken Bones:  Often a result of falls or rough handling, these injuries can be especially severe due to the potential for complications in older patients.
• Bedsores (Pressure Ulcers):  Indicative of neglect, these painful sores develop from prolonged pressure on the skin, typically due to immobility and lack of repositioning.
• Head Injuries:  Traumatic brain injuries can occur from falls or physical abuse and can have significant long-term effects on health and cognitive function.
• Infections:  Neglect can lead to untreated cuts or sores becoming infected, particularly in cases where hygiene is poor.
• Assault Injuries:  Assault injuries, ranging from scratches and bruises to more serious harm, are forceful, intentional acts that result in physical pain or injury to the resident.
• Aspiration Pneumonia:  This occurs when a resident with weakened swallowing reflexes accidentally inhales food, drink, or saliva into their lungs. It is most common in inadequately staffed or monitored nursing homes.
• Wrongful Death:  Tragically, some instances of nursing home abuse are so severe they can lead to wrongful death, causing immeasurable loss to families and friends.

When such injuries are discovered, it is imperative to consult with a skilled attorney who can help navigate the complex medical and legal aspects of these cases. The dedicated team at Thompson Law is prepared to advocate tirelessly for victims of nursing home abuse, working to hold responsible parties accountable and to secure the compensation and dignity our loved ones deserve. Call our Texas nursing home abuse lawyers today.

What to Expect in Nursing Home Abuse Cases

Pursuing a case of nursing home abuse can be a complex and emotional process, but knowing what to expect can provide a sense of preparedness and calm.

• Free Consultation:  Our compassionate team will provide comprehensive guidance on your case with the assurance that there are no fees unless we win.
• Case Assessment:  Our attorneys will review the incidents reported, assessing the extent of the neglect or abuse and the impact on your loved one. This evaluation is crucial for establishing the viability of a legal claim and setting the groundwork for the necessary steps ahead.
• Investigation:  A detailed investigation will ensue, gathering evidence, medical records, and witness statements to build a compelling case.
• Demand Letter:  After an initial assessment and investigation, a demand letter will be crafted and sent to the nursing home and their insurance company. This letter lays out the facts of the case, the nature of the abuse or neglect suffered, and the compensation sought for the injuries and damages incurred.
• Negotiation:  Our lawyers might negotiate for a settlement to ensure appropriate compensation without the need to go to trial.
• Trial:  Should negotiations not result in a satisfactory resolution, the case may proceed to court, where it will be argued before a judge or jury.

Throughout every phase, the Texas nursing home abuse lawyers at Thompson Law will offer guidance, support, and advocacy, ensuring that your loved one’s voice is heard and that their rights are fiercely defended. Call our Texas nursing home abuse and neglect lawyers today for a FREE CONSULTATION.

What Compensation is Available to Nursing Home Abuse Victims and Families?

Victims of nursing home abuse and their families may be entitled to various forms of compensation to address the harm suffered. Potential compensation includes:

• Medical Expenses:  Covers the costs of immediate and ongoing medical treatment resulting from the abuse.
• Pain and Suffering:  Monetary compensation for the physical pain and emotional distress endured by the victim.
• Emotional Distress:  Specially addresses the psychological impact the abuse has had on the victim and family members.
• Costs of Relocation:  If it becomes necessary to move the victim to another facility, the costs associated with relocation may be compensated.
• Reimbursement for Stolen Property:  Compensation for any financial exploitation including theft or misuse of the victim’s funds or assets.
• Punitive Damages:  In cases of particularly egregious misconduct, punitive damages may be awarded to punish the abuser or the facility and deter future violations.
• Loss of Companionship:  Compensation for the family’s loss of the relationship and emotional support due to the abuse.
• Wrongful Death Damages:  In the worst cases that result in death, families may seek damages for funeral expenses, loss of companionship, and other associated costs.
• Survival Action:  Additionally, a survival action may allow the estate of the deceased to claim compensation for the pain and suffering endured before passing.

It is crucial for victims and their families to consult with a knowledgeable attorney who can evaluate the specific circumstances and help pursue the full range of compensation to which they are legally entitled. Call our Texas nursing home abuse lawyers today for a FREE CASE ASSESSMENT.

Why are Nursing Home Abuse Cases Difficult to Win?

Nursing home abuse cases are particularly challenging due to several factors, including:

• Existing Medical Conditions:  Victims often have pre-existing health conditions or cognitive impairments that can complicate the determination of the abuse’s impact.
• Memory Issues:  The victim’s testimony may be questioned due to age-related issues such as memory loss.
• Underreporting:  Abuse is sometimes perpetrated by the very individuals charged with the victim’s care, leading to underreporting as victims may feel intimidated or fear retaliation.
• Lack of Evidence:  Gathering concrete evidence is another hurdle, as abuse can leave few traces or be mistaken for illness or old age.
• Powerful Interests:  Nursing homes and their corporations often have powerful legal teams skilled in defending against such claims, making it critical for plaintiffs to have equally competent and determined representation.

Our legal team has a long history of obtaining excellent results for personal injury clients in nursing home abuse cases, as well as other personal injury events. Call our Texas nursing home abuse lawyers today for a FREE CONSULTATION.

How Our Texas Nursing Home Abuse Lawyers Can Help

Our Texas nursing home abuse lawyers stand ready to champion the rights of your loved ones with dedication and expertise. From the initial consultation through every phase of the legal process, we act as both your advocate and ally. Our team is adept at navigating the complexities of these cases, providing:

• Thorough Legal Knowledge:  We bring an in-depth understanding of Texas laws and regulations governing nursing homes, ensuring we can expertly handle your case.
• Personalized Attention:  Each case is treated with the utmost care, recognizing the unique circumstances of every client and tailoring our approach accordingly.
• Expert Resources:  We have access to medical experts, investigators, and other professionals who can strengthen your case with their specialized knowledge.
• No Upfront Costs:  You won’t face any out-of-pocket expenses, as we operate on a contingency fee basis – we only get paid if we win your case.
• Empathy and Understanding:  Our team approaches every case with the sensitivity and respect it deserves, understanding the emotional toll these situations can take.

We take the time to listen to your story, outline your options, and act tenaciously to secure the justice your loved one is owed. Our commitment is to make the legal process as stress-free as possible, while focusing on achieving the best outcome for those affected by nursing home abuse.

If you or a loved one have been injured in a nursing home or assisted living facility due to the negligence or neglect of the staff, call our Texas nursing home abuse lawyers or submit a web inquiry for a FREE CONSULTATION. We charge NO FEE unless we win for you.

Frequently Asked Questions: Nursing Home Abuse

Can I File a Wrongful Death Claim for an Elderly Relative’s Death?

Yes, if an elderly relative’s death was caused by neglect or abuse in a nursing home, survivors may have grounds for a wrongful death claim. Texas law allows certain family members, such as spouses, children, and parents of the deceased, to pursue compensation for their loss.

To establish a successful wrongful death claim, it must be proven that the nursing home’s negligent actions or inactions directly resulted in the fatal incident. Depending on the nature of the act which led to your loved one’s passing, this can be a criminal act, or negligence under personal injury or medical malpractice law.

What Happens if I File a Report With Adult Protective Services?

Filing a report with Adult Protective Services (APS) initiates a chain of action aimed at protecting the elderly from further harm. Once a report is made, APS is obligated to investigate. Here’s what you can typically expect:

• Prompt Investigation:  APS will generally begin an investigation within 24 hours of the report, depending on the urgency of the situation.
• Assessment of Risk:  The investigator will evaluate the risk to the elder person and determine whether abuse, neglect, or exploitation has occurred.
• Intervention Plans:  If the investigation substantiates the report of abuse, APS works to create a plan to address the elder’s immediate safety needs and to provide ongoing protection.
• Resource Coordination:  APS can also help connect victims and their families with additional resources, such as legal assistance or mental health services.
• Confidentiality:  The identity of the reporter is kept confidential to the extent allowed by law, providing some protection to those who may fear retaliation.

It’s important to note that APS does not have the authority to remove someone from their home against their will. They work with consent from the victim or from a legal guardian if the victim is unable to provide consent.

What is the statute of limitations on suing a nursing home for elder abuse and neglect?

In Texas, the statute of limitations for filing a lawsuit against a nursing home for elder abuse and neglect is generally two years from the date the abuse or neglect was discovered or should have been discovered. This is a critical timeline victims and their families must keep in mind to ensure the opportunity to seek justice is not lost.

However, the statute of limitations on elder abuse and neglect can vary significantly by state. Some states may allow as little as one year, while others may provide up to four years or more. Moreover, certain circumstances, such as the discovery rule or cases involving government-run nursing homes, could alter these deadlines. The statute that pertains to your case is the state in which the neglect or abuse occurred.