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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.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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