Texas families put their faith in assisted living care facilities or nursing homes to provide for loved ones. Unfortunately, some assisted living care facilities fail to live up to their duty of care. In 2020, more than 15,000 complaints of nursing home abuse were filed, which highlights this alarming situation.
At The Cedrick D. Forrest Law Firm, our team has the knowledge and compassion to assist you during these challenging times. Also, we believe in thinking outside the box to find the best solution for your needs. I proudly serve residents in Houston, Texas, as they seek to address neglect by nursing home staff. We have more than three decades of experience and serve clients surrounding Houston, such as The Woodlands, Greenspoint, Katy, Houston Heights, Sugar Land, and Missouri City.
Why You Need a Nursing Home Abuse Lawyer
If you or a loved one has been a victim of nursing home abuse, you need a lawyer to help you seek justice. A skilled lawyer can help you:
- Investigate the abuse and gather evidence
- File a lawsuit against the nursing home or staff members responsible for the abuse
- Negotiate a settlement or represent you in court
- Ensure that your rights and interests are protected
Tips for Choosing the Right Nursing Home Abuse Lawyer
Choosing the right nursing home abuse lawyer can be daunting. Here are some tips to help you find the best lawyer for your needs:
- Look for experience: You want a lawyer who has experience handling nursing home abuse cases. Look for a lawyer with a track record of success in this area of law.
- Check for qualifications: Make sure your lawyer is licensed to practice law in your state and is in good standing with the state bar association.
- Read reviews: Look for reviews and testimonials from previous clients. This can give you a sense of the lawyer's communication style, work ethic, and success rate.
- Schedule a consultation: Many lawyers offer free consultations. Please take advantage of this opportunity to speak with the lawyer and ask questions about their experience, qualifications, and approach to your case.
- Consider fees: Ensure you understand how the lawyer charges for their services. Some lawyers charge hourly rates, while others work on a contingency basis, which means they only get paid if you win your case.
What Is Nursing Home Neglect in Texas?
Nursing home neglect in Texas is when an elderly resident of a nursing home or long-term care facility does not receive the necessary care and attention required to maintain their health, safety, and well-being. Neglect can occur in various forms, including physical, emotional, and medical neglect.
Examples of nursing home neglect in Texas may include:
- Failure to provide adequate food, water, and nutrition.
- Failure to provide proper hygiene and sanitation, such as not bathing or cleaning the resident's living quarters.
- Failure to provide necessary medical care and treatment, such as administering medication or attending to injuries.
- Failure to prevent falls and other accidents.
- Failure to provide social and emotional support, such as leaving a resident alone for long periods.
The following signs can be indicative of elder abuse or neglect:
- Unexplained bruises, cuts, wounds, bedsores, poor hygiene, weight loss, dehydration or malnutrition, unclean clothing, or living conditions.
- Withdrawal from activities and interactions with staff and other residents, unexplained changes in mood or behavior, including signs of depression or anxiety.
- Untreated infections or illnesses, medication errors or missed doses, and lack of necessary medical equipment, such as hearing aids or glasses.
- Poor maintenance of the nursing home facilities, including broken equipment or fixtures, insufficient nursing home staff, and insufficient supplies and equipment.
- Unexplained or unauthorized withdrawals from the resident's bank account or changes to their will or power of attorney.
Proving Elder Abuse and Nursing Home Neglect
It is important to act quickly when suspecting a loved one has been a victim of elder abuse or nursing home neglect. The longer family members wait to report abuse or neglect, the more difficult it may be to gather evidence and build a strong case. Remember, nursing home residents have the right to receive safe, compassionate care. Holding nursing homes and staff accountable for neglect or abuse is essential to ensuring the safety and well-being of elderly residents.
Also, contact the nursing home administration, local law enforcement, or the Texas Department of Aging and Disabilities to report any suspected elder abuse or neglect. Also, contacting an elder abuse or nursing home abuse attorney can help victims understand their rights and options.
Please note that the following parties may be liable for nursing home abuse or neglect:
- The nursing home can be liable for neglect if it is found to have breached its duty to provide adequate care and safety to its residents.
- In some cases, individual staff members or administrators may also be held personally liable for nursing home neglect if they were directly involved in the mistreatment or knew about the abuse or neglect and failed to take appropriate action to stop it.
- If the nursing home is owned or operated by a larger corporation, the corporation may also be held liable for neglect if it is found to have failed to provide proper oversight and management of the facility.
Additionally, anyone involved or knew of the abuse but did nothing to stop or report it, such as security or maintenance staff, may also be liable.
Filing a Claim for Nursing Home Abuse or Neglect
When suspecting nursing home abuse or neglect, the following step is crucial in filing a claim:
- Document the Abuse. Keep detailed records of any incidents of abuse or neglect, including photographs, videos, and written documentation of any injuries or mistreatment.
- Report the Abuse. Report the abuse to the nursing home administration, the Texas Department of Aging and Disability Services, and local law enforcement.
- Seek Medical Attention. Seeking medical attention is crucial when suspecting abuse or neglect. Also, ensure the doctor documents the injuries.
- Hire an Attorney. Hire an experienced nursing home abuse attorney who can help victims navigate the legal process and advise on rights and options.
- File a Claim. The attorney can help victims file claims for damages against the nursing home or its staff members. Damages may include compensation for medical expenses, pain and suffering, emotional distress, and other related expenses.
Nursing Home Neglect Attorney Serving Houston, TX
At The Cedrick D. Forrest Law Firm, we take nursing home abuse and neglect seriously. You do not have to face these challenges alone. Contact our reliable team today to work with an elder abuse attorney that has your best interests at heart. We proudly serve clients in Houston, The Woodlands, Greenspoint, Katy, Houston Heights, Sugar Land, and Missouri City, Texas.
What should I do if I suspect nursing home abuse?
If you suspect nursing home abuse, immediately report it to the authorities. This can include the nursing home's administration, local law enforcement, or adult protective services.
How long do I have to file a nursing home abuse lawsuit?
The statute of limitations for nursing home abuse lawsuits varies by state. In most states, you have two to three years to file a lawsuit.
What damages can I recover in a nursing home abuse lawsuit?
The damages you can recover in a nursing home abuse lawsuit may include compensation for medical expenses, pain and suffering, emotional distress, and punitive damages.