We place great faith in healthcare providers and medical professionals when our health is at risk. Their expertise and authority provide us with peace of mind. However, if we discover that a trusted healthcare provider was negligent in performing his or her duties, our world can be turned upside-down.
You may find that the many financial challenges that present themselves after medical malpractice may create the need for you to sue a negligent provider for medical malpractice. To navigate the complex legal system, you will doubtlessly require the services of a seasoned attorney in this situation. In Texas, filing a medical malpractice lawsuit is subject to certain regulations, which you should know about before starting.
Medical malpractice litigation may be filed for "treatment, a lack of treatment, or other alleged deviation from widely accepted care standards," resulting in a patient's injury or death in Texas. Keep in mind that a victim or their lawyer must demonstrate that a healthcare provider's negligence caused this harm.
Theoretically, a patient could sustain an injury at any time during their treatment, but only an injury resulting directly from negligence falls within the realm of medical malpractice. Texas requires a "willful and wanton" departure from the standard of medical care owed to the patient to constitute negligence.
The state of Texas also defines negligence as a deliberate act (or omission of information) that entails an extreme risk of damage to others, of which the perpetrator was aware and proceeded anyway, demonstrating "conscious indifference to the rights, safety, or welfare of others." Obviously, the standard of care will vary depending on the healthcare professional's area of practice.
Prior to submitting a claim, you must ensure you have the legal authority to do so. The state of Texas imposes a statute of limitations on medical malpractice lawsuits, including filing deadlines.
A claim must be submitted within two years of the malpractice incident or hospitalization episode during which malpractice occurred. Claimants have ten years to file a lawsuit if the injury caused by medical negligence is not immediately obvious or perceptible. Unfortunately, a claim cannot be filed if the injury is not discovered within ten years of the act of malfeasance.
If you determine that you are still eligible to file a claim, you must notify each physician and healthcare provider in writing at least 60 days prior to submitting the claim. All parties involved are entitled to receive the claimant's medical records within 45 days of their request. Within 45 days of filing, you must also provide the defendant or their counsel with detailed responses to the standard set of demands.
Under Texas law, healthcare organizations and practitioners may be held responsible for damages suffered by patients as a result of medical malfeasance.
An individual, partnership, professional organization, corporation, facility, or establishment is considered a healthcare provider in the state of Texas if it possesses a valid license, certification, registration, or authorization from the state to practice the occupation of providing medical treatment.
On the other hand, Texas is one of about 20 or so states that abides by the bar rule of 51%. This means that the person who was wounded cannot collect damages if they are accountable for their injuries to any degree greater than 51%. In the event that the court finds that you were at least partially responsible for your injuries, you will not be eligible to receive recompense.
If you contributed to your injuries in any manner that exceeded 51%, you would not be able to collect penalties for those injuries. Of course, if you were somehow partially responsible for your injuries, the percentage of fault placed on the healthcare practitioner in Texas should be proportionate to the reimbursement you receive.
Although Texas does not require the use of a pretrial screening panel or arbitrator, the state legislature has authorized counties to utilize alternative dispute resolution methods and systems.
Under Texas law, a physician may not ask a patient to arbitrate (resolve a claim outside of court) unless there is a written, conspicuous agreement with standard (not fine) print. Such an agreement would state explicitly that the patient is relinquishing significant legal rights, including the right to a jury trial, and would require the patient's attorney's signature to be valid.
At least 60 days prior to initiating a claim in a Texas medical malpractice case, you must notify the defendants in writing of your intent to file a claim. Before releasing your protected health information, the notice must include a signed authorization form. The defendants will have 45 days to obtain the health records authorized by the release form. All legal proceedings will be halted if the authorization form is not filled out.
After the written notice and the defendant's response have been lodged with the appropriate courts, the parties may initiate the discovery process. Discovery is a procedure designed to facilitate the exchange of information between the parties to a litigation, thereby preparing them for the trial.
Medical malpractice, including in and around Dallas, is a regrettable aspect of the American healthcare system. The statistics on malpractice are alarming. According to one study, more than 250,000 Americans perish annually due to medical errors or negligence; most of these cases go unreported and unresolved.
You must contact a Dallas medical malpractice attorney immediately if you are coping with the aftermath of a medical malpractice-related accident. You may qualify for compensation to offset impending financial obligations. The attorneys at Rasansky Law Firm have more than three decades of experience assisting victims of accidents caused by reckless and negligent drivers in moving on with their lives.
Our team of well-respected attorneys provides our clients with competent and trustworthy legal counsel. We are available immediately to investigate the particulars of your accident and assess your legal options. If you have been injured in Texas due to medical malpractice and have concerns about your legal options, don't hesitate to get in touch with our attorneys at (214) 651-6100 for a free evaluation of your case.
Burleson, TX (February 20, 2024) - An Arlington man was killed following a crash with an 18-wheeler in the Burleson area on Sunday, February 18. The fatal accident took place on Interstate 35 westbound near Wilshire Boulevard. Local reports indicated that Jose Garcia-Casas of Arlington was driving a pickup truck on the highway when he entered oncoming traffic.
Garcia-Casas crashed head-on with an oncoming tractor-trailer. Emergency responders were dispatched to provide aid to the involved parties. The driver sustained fatal injuries and was pronounced dead at the scene.
The area was closed for several hours while emergency crews worked to clear the scene. No other injuries have been reported at this time. An ongoing investigation into the cause of the deadly accident is being managed by local law enforcement officials, and more updates will be provided as it continues.
We would like to extend our deepest condolences to the family of the deceased victim at this time.
A wrong-way crash can be completely devastating. They involve two vehicles colliding head-on, and it is common for these types of crashes to result in fatal injuries. In a recent three-year study, it was found that more than 2,000 people were killed in wrong-way collisions across the United States, with an estimated 500 people dying per year. This is a nearly 34 percent increase in wrong-way crash fatalities. The force involved in a head-on impact is catastrophic, and these types of crashes are involved in 10 percent of traffic fatalities, despite making up less than 2 percent of traffic accidents nationwide. If you lose someone in a deadly crash, you need to partner with a skilled legal team in order to pursue a wrongful death claim.
It can be difficult to gain control of your life after a deadly collision. In a matter of seconds, someone close to you can be taken too soon. It can be even harder to handle a fatal crash if you later discover that someone else’s actions contributed to the incident. You need to be sure that you are prepared to make informed decisions about your case. That often means working with a trained legal team to create a strong case and fight for the compensation you are owed.
Wrongful death claims are some of the hardest types of litigation we handle at our firm, and you need someone on your side with a proven track record of success. The lawyers at Rasansky Law Firm are here to help you pursue justice after the loss of a loved one. Our team of award-winning 18-wheeler truck accident lawyers will be able to fight for your full and fair compensation to maximize your financial recovery. If you have any questions about your case, we can answer them during a free consultation. Our trained lawyer is just a phone call away. If you are ready to get to work on your case, contact our law offices today at 214-651-6100. We are here to diligently fight for your legal at every stage of your claim.
Beaumont, TX (February 19, 2024) - A motorcyclist was killed after being run after by a semi-truck in the Beaumont area on Sunday, February 18. The deadly crash occurred at the 100 block of Interstate 10 EB near Classic Acura early that morning. Local reports indicated that 59-year-old James Bolt of Sour Lake was riding a motorcycle on the highway as the rider attempted to close his saddle bag.
Bolt lost control of the bike and hit a concrete driver before being ejected from the vehicle. He landed in the westbound lanes, where he was hit by an oncoming semi-truck. Emergency responders were quickly dispatched in order to render aid to the involved parties.
Bolt suffered fatal injuries and was pronounced dead at the scene. At this time, no updates on the fatal motorcycle accident are currently available. An ongoing investigation into the cause of the crash is being handled by local law enforcement officials.
We would like to extend our deepest condolences to the family of the deceased victim at this time.
When you hit the road on the back of a motorcycle, you are at risk of suffering serious injuries in the event of a collision. A motorcyclist is killed almost every day on Texas roadways. There were 562 riders killed in crashes across the state in 2022, with 2,422 motorcyclists suffering injuries. More than half of fatal motorcycle crashes in Texas involve other vehicles. Statistics show that nearly 80 percent of motorcycle crashes end in death or injury, and motorcyclists are overwhelmingly involved in national roadway fatalities year after year. It is important that you are able to partner with a trained Texas wrongful death crash lawyer if someone close to you is killed on the state’s roads.
Motorcyclists are exposed to the dangers of the road, and that is why crashes involving riders are more likely to result in fatal injuries. If you lose someone you love in a crash, it is never easy. It can be hard to handle your life after such a traumatic event, and you may be able to pursue a claim for compensation with the help of a trained personal injury lawyer. You will likely have a lot of questions after a deadly motorcycle accident, and you need to be sure that you are able to protect your legal rights during this difficult time.
Texas state law allows representatives of the deceased to pursue a wrongful death claim after a fatal crash. The legal team at Rasansky Law Firm is here to help you at every stage of your case. Our team of Beaumont motorcycle crash lawyers can help you construct a strong claim in order to pursue a financial recovery following a tragic crash. If you are ready to get started on your case, we are just a phone call away. Give us a call today at 214-651-6100 to discuss your case with a trained attorney. We will be able to answer any questions you may have during a free consultation.
Vidor, TX (February 18, 2024) - On Saturday morning, February 17, two people were hurt after a two-vehicle collision in the Vidor area. The accident took place on Interstate 10 westbound in Orange County early that morning at around 4 a.m. Local reports indicated that the tractor and semi-trailer of a Freightliner truck overturned and caused it to enter eastbound traffic.
The rig's operator then lost control of the vehicle and left the road, where it hit a concrete barrier. The truck was then hit by a westbound Dodge pickup truck. The driver of the Freightliner, 51-year-old Jermaine Powell, was transported to a local hospital for treatment. The driver of the pickup, 69-year-old Richard Duhon of Orange, was also hospitalized at St. Elizabeth Hospital.
No additional information on the collision is currently available. The area was temporarily closed as emergency crews worked to clear the scene, and tow trucks were dispatched to reopen the roadway to outside traffic. Local authorities are conducting an ongoing investigation into the cause of the accident, and more updates will be provided as it continues.
Our thoughts are with the injured victims and their families at this time. We hope for their full recovery.
When sharing the road with a large commercial rig, drivers are often filled with concern and anxiety. This is because these massive vehicles can be completely devastating in the event of a crash. When fully loaded, semi-trucks can weigh tens of thousands of pounds, and the sheer force of an impact can decimate smaller vehicles. The majority of semi-truck crashes involve other vehicles, and Texas has a particularly high rate of 18-wheeler accidents. In fact, statistics show that almost 10 percent of national trucking accidents take place in the state. It is important that you are able to take your life into your own hands by pursuing a claim for compensation after a life-changing crash.
Trucking accidents can be life-changing, and the resulting damages can be difficult for anyone to handle. That is why it is even more important that you construct a strong case to protect your legal rights during this difficult time. Truck injury claims are very different from typical injury cases as they involve unique regulations and laws. The transportation industry is massive, and you will be going up against a large company with a team of lawyers. You need to level the playing field by having your own legal representation.
The legal professionals at Rasansky Law Firm are here to support you during this difficult time. Our legal team assists victims of catastrophic semi-truck accidents in pursuing successful claims. Our qualified 18-wheeler truck crash attorneys are qualified to pursue the highest possible settlement on your behalf. Call our law offices at 214-651-6100 to speak with a knowledgeable attorney about your legal rights. We will diligently protect your legal rights at every stage of your case to ensure that you can get the best possible outcome for your case.
Longview, TX (February 17, 2024) - There were reported injuries after a two-vehicle collision in the Longview area on Thursday, February 15. The collision took place at the corner of South Eastman Road and Gum Springs Road early that morning at around 9:44 a.m. A semi-truck and a passenger car reportedly collided at the scene.
Emergency crews were quickly dispatched to aid the involved parties. The area was temporarily closed while authorities were present. Attending paramedics treated the involved parties before they were transferred to a nearby hospital for further treatment.
Tow trucks were later dispatched to clear the resulting wreckage and reopen the roadway to outside traffic. No updates on the conditions of the crash victims have been provided. Local law enforcement officials are handling the ongoing accident investigation, and more information will be released as the investigation continues.
Our thoughts are with the injured victims and their families at this time. We hope for their full recovery.
There are more than 2 million big rig trucks operating in the United States in any given year. Statistics show that there are more than 500,000 trucking accidents reported each year nationwide, resulting in thousands of fatalities. Texas has a much higher rate of fatal trucking accidents than the national average. More than 3000 deadly 18-wheeler collisions are reported each year across the state. This means that someone is hurt in every seven trucking accidents, with someone dying in every 50 semi-truck crashes. It is important that you are able to take legal action in order to protect your legal rights after a serious trucking accident.
The resulting injuries and damages in the event of a trucking accident can be life-changing. Statistics show that those traveling in smaller passenger cars will suffer much more severe injuries. The recovery process is often long and difficult, and it is important that you are able to make informed legal actions after a serious trucking crash. You should contact a qualified attorney who is ready to protect your legal rights and pursue a strong recovery after a serious accident. Truck accident cases involve specific regulations and differ considerably from typical personal injury claims. You will need a team of lawyers on your side to make sure that you are able to get the best possible outcome for your case.
The aftermath of a serious trucking accident can be overwhelming and hard to handle on your own. The team of attorneys at Rasansky Law Firm is here to support you during your recovery. Our lawyers have a track record of successfully assisting crash victims from all around Texas in pursuing their compensation claims. We will be here to make sure your legal rights are protected at every stage of your case. Our team of qualified 18-wheeler truck wreck lawyers can answer any questions you may have during a free consultation. For immediate assistance with your case, give our offices a call at 214-651-6100 to discuss your case with a trained personal injury lawyer.
Although they account for a relatively small percentage of all registered cars on the road, motorcycles are involved in a disproportionately high number of accidents. Motorcycle accidents vary significantly from auto accidents for several reasons.
Of course, motorcyclists are more likely than passenger vehicle drivers to be involved in collisions that result in injuries or fatalities, as well as more likely to suffer injuries or pass away in wrecks caused by drunk driving. Tragically, per the latest data released by the National Highway Traffic Safety Administration (NHTSA), there were just under 5,600 motorcycle fatalities, accounting for nearly 15% of all traffic fatalities reported in the last year alone.
Additionally, there are a number of other distinct differences between the causes and effects of motorcycle accidents and auto accidents. If you've been involved in a motorcycle wreck in Texas, it's important to contact an accident attorney as soon as possible. In the meantime, read on to learn more about how motorcycle accidents differ from motor vehicle crashes.
Car and motorcycle accidents are often caused by drunk driving, distracted driving, speeding, or a combination of these factors. Motorcycle accidents, like other forms of traffic collisions, are often caused by the negligence of one or more drivers. However, motorcycle accidents in Texas often have catastrophic results and are generally the result of a few common (yet reckless) maneuvers. Regardless, every type of accident has a unique set of causes or circumstances. That said, the following are the most common causes of motorcycle crashes:
Most auto accidents are caused by driver error (by either motorist involved in a crash). Other less frequent reasons for auto accidents include inclement weather, roadway hazards, maintenance issues, and vehicle part failures.
Among the most frequent causes of negligence-based auto accidents are:
A larger percentage of vehicle and motorcycle accidents include speeding and/or alcohol usage. Motorcycle accidents may sometimes be caused by aggressive driving, driver weariness, and distracted driving, although these variables more often cause auto accidents.
However, according to the Texas Transportation Institute (TTI), the leading cause of death for motorcyclists is left-hand turns by motorists who fail to account for the bike's size and speed.
Tragically, nearly a third of all motorcyclist deaths in Texas last year were caused by or connected to an intersection. In fact, traffic experts say most motorcycle accidents at intersections involve left turns (52%), whereas just about 5% involve right turns.
Your health and safety should be your main focus after an accident. Verify that you and the other parties involved in a wreck have not suffered serious injuries. If you've been hurt, consult a medical professional right away. Always request a copy of your medical files after seeing a doctor. Your attorney may utilize these documents as evidence in case you end up in court or need to file an insurance claim.
Of course, securing evidence from many sources helps strengthen your case. Likewise, it's important that you never provide a recorded statement to an insurance company or accept any fault at the scene of an accident (in other words, don't apologize, even if you're sure about who is at fault). Let your motorcycle accident lawyer in Dallas do the talking for you.
Fear of legal fees should not prevent you from obtaining the representation you need to win your case. At the Rasansky Law Firm, our team has more than three decades of experience assisting victims of accidents caused by negligent and irresponsible drivers. What's more, in the event of a personal injury or unlawful death resulting from a motorcycle accident, you pay nothing unless we obtain a settlement on your behalf. Our fee will be deducted from the finalized settlement proceedings, so you'll never have to stress about paying out of pocket in advance.
Victims of motorcycle accidents whose injuries were caused by the carelessness of others must act swiftly to protect their legal rights. Waiting can put your chances of receiving a settlement award at risk.
As soon as you're ready to get started on your case, we're here to help you and yours evaluate your legal options and discuss the details of your accident. Call our attorneys at 214-617-1816 for a free case evaluation, 24 hours a day, seven days a week. Our motorcycle accident lawyers in Dallas will stop at nothing to safeguard your legal rights at this frustrating time in your life.
Amarillo, TX (February 16, 2024) - There were reported injuries following a two-vehicle collision in the Amarillo area on Thursday, February 15. The accident took place on TX-335 Loop near SW 9th Avenue that afternoon at around 2 p.m. A driver was operating a passenger car when they collided with a semi-truck that was pulling onto the highway.
Emergency responders were dispatched to provide aid to the involved parties. The driver was transported to a local hospital for treatment of sustained injuries. No updates on their condition have been provided at this time.
The area was temporarily closed while emergency crews worked to clear the site of the resulting debris. No further information on the accident is currently available. An ongoing investigation into the cause of the crash is being managed by local law enforcement officials, and more updates will be provided as it continues.
Our thoughts are with the injured victim and their family at this time. We hope for a full recovery.
Any crash can cause serious injuries, but those involving large semi-trucks are much more likely to result in life-changing injuries. In these accidents, the occupants of passenger cars are more likely to sustain severe injuries and other damages that can make life difficult. Nearly 98 percent of the semi-truck crashes reported each year across the United States involve passenger vehicles. More than 5,000 people are killed and 130,000 injured in these collisions each year. Texas is the site of almost 10 percent of trucking accidents that take place annually in the United States. Commercial rigs travel billions of miles across the state’s highways each year. Those involved in a serious crash with a truck should partner with a skilled lawyer in order to protect their right to full and fair compensation.
The road can be a dangerous place, and there are so many things that can go wrong on the road. It is common for Texas drivers to be nervous when sharing the road with large commercial trucks, and this is because we all know how devastating these vehicles can be in the event of a collision. It is important that you are prepared if you or someone close to you is hurt in an 18-wheeler collision. A truck accident will likely result in life-changing injuries and other damages, and a trained personal injury lawyer will be able to help you pursue a strong claim in order to maximize your recovery.
It is important that you have a strong understanding of your legal rights after a life-changing trucking accident. The legal team at Rasansky Law Firm is here to help you navigate the complicated claims process and fight for your full and fair compensation. Our Amarillo semi-truck accident lawyers will be able to be by your side at each stage of your claim to make sure your case is handled appropriately from start to finish. If you are ready to get to work on your claim, give us a call today at 214-651-6100.
Midland, TX (February 15, 2024) - On Sunday, February 11, a driver was killed, and a truck driver was injured following a two-vehicle collision in the Midland area. The accident was reported on County Road 1232 near County Road 1160 that night at around 10:27 p.m. Local reports revealed that a 2001 International truck with a trailer was headed southbound on CR 1160 when the driver of a Chevrolet Impala failed to yield at a stop sign.
The driver of the Impala crashed into the trailer of the commercial truck. The driver of the Chevy, later identified as 24-year-old Edgar Alexis Camacho of Cortez, Colorado, suffered fatal injuries and was pronounced dead at the scene. The operator of the truck was transported to Midland Memorial Hospital for the treatment of sustained injuries.
Emergency responders were present to render aid to the involved parties and clear the scene of the resulting debris. No additional information on the accident is currently available. An ongoing investigation into the cause of the crash is being managed by local law enforcement officials, and more information will be provided as it continues.
We would like to offer our deepest condolences to the family of the deceased victim at this time. Our thoughts are with the injured victim and their family in hopes of a full recovery.
Driving a truck can be a dangerous job. It is common for truckers to be seriously injured while operating their big rigs. Statistics show that almost 35 percent of truck drivers experience a work-related injury at least once during their careers. Sprains and strains are some of the most commonly reported injuries by truckers, making up nearly 40 percent of reported injuries. Almost 13 percent of trucker accidents with injuries involve driver fatigue, which is prevalent across the industry, with nearly 10 percent of truck-driver injuries being fractures. In the past ten years, the number of trucker fatalities has increased by nearly 25 percent. Almost one in five work-related deaths in 2020 involved the transportation industry.
A serious semi-truck accident can happen in a matter of seconds and leave you with life-threatening injuries in the process. These types of cases are often complicated, and you need to be sure that you have a trained lawyer with proven experience handling truck injury claims in order to maximize your recovery. You do not want to leave your recovery to chance during this difficult time. If you want to strengthen your claim for compensation, partner with a trusted attorney as soon as possible.
After a life-changing 18-wheeler crash, you need to make sure you have someone on your side. The legal team at Rasansky Law Firm is here to help you pursue a strong case if you are injured in an unexpected semi-truck accident. Our Midland semi-truck crash lawyers are here to answer any and all questions that you may have about your legal rights. Give us a call today at 214-651-6100 to discuss your case with a trained attorney.
Going through labor and childbirth is not easy, even when everything goes as hoped. You trust that your obstetrician and support staff are prepared to address any complications that may arise. You trust that your birthing team has been trained properly, will follow all protocols and procedures, and know exactly what to do should anything go wrong. Sadly, not every healthcare professional meets the medical standards that are required of them. When a doctor or nurse is negligent, they can cause serious and lasting birth traumas to newborn babies. One such situation where exceptional care is required is when fetal distress occurs. Medical professionals are expected to know how to identify fetal distress and respond appropriately.
Fetal distress is a condition wherein a fetus exhibits symptoms of distress during late-stage pregnancy or labor. Today, the term fetal distress has largely been replaced with non-reassuring fetal status. There are numerous reasons why a fetus may display signs of distress, including reactions to medications, labor, or problems with the placenta or umbilical cord. Non-reassuring fetal status has the potential to be dangerous and can easily cause serious complications for both the mother and her baby. Your obstetrician should routinely check for indications of fetal distress throughout your pregnancy.
Some common symptoms of fetal distress include:
A lack of oxygen to the baby is the most common cause of fetal distress. A fetus gets its oxygen from its mother. She inhales oxygen into her lungs, and from there, her blood carries it to the placenta. It then passes through the placenta and is passed into the fetus's blood. Any disruption to this process can result in fetal distress.
Other medical conditions that can result in non-reassuring fetal status or fetal distress include:
An obstetrician can diagnose non-reassuring fetal status by reading the fetus’s heart rate. Abnormal patterns in the heart rate, or a low heart rate, can indicate fetal distress. Monitoring the fetus’s heart rate is a reliable method of determining how it is tolerating pregnancy and labor.
During pregnancy, your doctor may order additional tests to observe the heart rate, such as:
Based on your specific circumstances, your obstetrician will monitor your fetus’s heart rate either intermittently or constantly while you are in labor. Constant monitoring involves wearing an electronic device around your stomach that continuously reads the fetal heart rate. Intermittent monitoring means that your doctor will check the fetal heart rate at predetermined intervals, such as every hour.
The most common ways to track fetal heart rate for signs of fetal distress are:
Once you are in labor, there are several things your obstetrician can do to alleviate fetal distress. They include:
If your baby is in serious distress, your doctor might have to deliver it immediately. If the baby is sitting low enough in your uterus and you are fully dilated, this may be accomplished with the use of a vacuum extractor or forceps. If not, an emergency C-section will need to be performed. Your doctor should talk you through everything that is going on and why they have cause for concern.
Fetal distress that is not promptly identified and properly addressed can have a permanent impact on your child. A lack of oxygen during childbirth can result in cerebral palsy, brain injury, and stillbirth. If your baby is showing signs of distress, your doctor should make every effort to deliver them safely and before serious problems arise.
If your baby sustained injuries due to improperly treated non-reassuring fetal status, you may be eligible for compensation. To determine if you have a viable birth injury case, contact an experienced lawyer who specializes in birth injury cases. The Dallas birth injury lawyers at Rasansky Law Firm can review your medical records, determine if negligence was committed, and file a lawsuit seeking maximum compensation on your behalf. Call (214) 651-6100 to schedule your free consultation.
Abuse and neglect in nursing homes are an unfortunate yet all-too-common reality. This can include physical, verbal, psychological, sexual, and financial abuse. It can also entail failing to provide the fundamental requirements of a nursing home resident, such as food, clothing, and medical care.
Due to compromised physical conditions or dementia, elderly nursing facility residents may have difficulty handling this type of abuse on their own and may feel helpless to report it.
Thankfully, you have the right to hold a nursing home accountable if an elderly loved one in your care has been abused or neglected. If you or a member of your family has been subjected to mistreatment or other misconduct, don't hesitate to contact our legal team at the Rasansky Law Firm for a free initial consultation.
Nursing facilities are required to provide a certain level of treatment under Texas law. They must provide each resident of their facilities with the necessary services and attention to ensure the utmost quality of life possible. For instance, facilities and caregivers in Texas are held to the following standards:
Victims may have grounds for a negligence claim if these basic guidelines are not followed.
So, how can you tell if the nursing home where your loved one resides is negligent? Unsanitary conditions, a lack of supervision or insufficient personnel, and a relatively rapid deterioration in your loved one's mobility and general health are a few of the most frequently identified warning signs.
Like a hospital, a nursing home requires constant maintenance to clean the facilities so that the spread of disease or infection is prevented. Carers must ensure that their residents have access to clean linens and clothing and that all kitchens and bathrooms are sanitary.
Nursing home residents suffer when there is a lack of experienced and trained personnel. For instance, the greater the staff turnover rate, the greater the likelihood of a negative impact on services because of these personnel issues.
Relatedly, a lack of staffing goes hand in hand with inadequate supervision, leading to an even higher risk of nursing home neglect and abuse.
The majority of nursing home residents require supervision due to injury or illness. Needless to say, a lack of proper supervision can have severe consequences for residents.
If cognitively impaired patients, such as those with Alzheimer's disease, are not adequately supervised, they may wander out of the building and endanger themselves. What's more, other residents may sustain injuries if they are not adequately supervised.
Since mobility can be a challenge for most residents, nursing homes often provide daily exercise or low-level physical therapy. Carers may facilitate regular movement for residents by walking with them or supervising basic exercise.
If a nursing home resident is neglected, they may spend extended periods of time in bed, which can result in a further loss of mobility. Additionally, these patients may experience infections or bedsores when staff neglect and ignore them.
You are required by Texas law to report suspected nursing home neglect. Furthermore, it's essential to start documenting any instances of suspected neglect. This can include photographs and detailed descriptions of any suspicious activity you've seen.
If possible, discuss with your loved one what they may be experiencing or what they may have witnessed in the facility.
If you contact Adult Protective Services in Texas, they can investigate your claims. You can also contact the Texas Department of Health and Human Services (HHS), which advocates for the rights and benefits of residents of long-term care facilities.
Of course, regardless of the details surrounding suspected abuse, you should always contact an experienced attorney to help bring your concerns to light and mediate reports with third parties.
If the suspected abuse or neglect involves grievous injury or abuse, these officials should contact the nursing home administrator within two hours of receiving your report. However, the government agency that investigates these reports ultimately depends on where the assault occurred.
Texas HHS employees will typically arrive on-site unannounced and conduct interviews with the resident, staff, relatives, and the complainant. These state authorities will also observe the nursing home's environment, daily activities, and any relevant care while documenting.
If an official investigation reveals evidence of abuse, neglect, or violations of nursing home standards, the case is referred to the Texas Attorney General. Remember that it is unlawful for nursing home owners or employees to retaliate against residents or their family members, so don't be afraid to involve the proper authorities.
Again, it's important to consult a personal injury attorney after reporting the abuse and neglect to the proper authorities. Once you've reported the neglect, contact a local lawyer to learn more about filing a claim to get the justice and compensation you deserve.
Our Dallas lawyers for nursing home neglect have handled numerous elder abuse cases in Dallas and throughout Texas. We would be honored to assist you in seeking justice against those who have harmed your loved one.
Needless to say, taking legal action can help your family obtain justice and the compensation they deserve, but more importantly, it will prevent these careless and abusive individuals from ever again taking advantage of the elderly.
Our Dallas-area injury attorneys are available 24/7 at (214) 651-6100 for a free first consultation. If we can assist with your claim, we will do so on a contingency basis so that you never have to worry about finances when it comes to protecting your family.
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