Nursing home neglect and abuse are an unfortunate reality. This abuse and neglect can take many forms, including physical, verbal, psychological, sexual, and financial abuse. It can also involve neglecting to provide a nursing home resident’s basic needs, such as food, clothing, and medical attention.
Elderly nursing home residents may have difficulty standing up for themselves due to weakened physical conditions or dementia. Additionally, they may feel powerless to report any maltreatment. If your beloved family member has experienced elder abuse or neglect in a nursing home, you have the right to hold that facility accountable.
No one should ever have to experience suffering abuse in a nursing home environment, and sadly, it's all too common in Dallas and surrounding areas. If you or a family member has endured such misconduct, contact Rasansky Law Firm for a free legal consultation.
Our team of legal professionals can provide compassionate guidance and assistance throughout the process. Our Dallas nursing home abuse lawyer offers top-notch legal representation to get you the justice your family deserves.
We understand how stressful this situation can be for you and your loved ones. We work to ensure the perpetrators are held accountable so you can focus on your family.
There are numerous retirement homes and nursing homes in and around Dallas, Texas that serve senior citizens who require around-the-clock care due to advanced age, disability, or illness. Because there is such a high demand for these places, the potential for nursing home abuse, abandonment, neglect, negligence, and general mistreatment continues to grow.
Those with aging parents look to these facilities to provide quality care for their loved ones. It, therefore, comes as a shock when families learn that their loved ones are being mistreated by those charged with providing this care. Elder abuse, if left unchecked, may lead to physical symptoms, depression, and even early death. It is your responsibility as a family member or guardian to be vigilant at all times to ensure that nursing homes are offering the best level of care.
Residents of nursing homes are unfortunately at risk of being physically abused, emotionally abused, or even sexually abused. Victims of nursing home abuse are usually unable to fight back, given their physical and mental vulnerabilities. To make matters worse, these individuals are sometimes threatened with violence and expulsion periodically, which makes it that much harder for them to speak out, even to their own family members. That is why it is so important for you to watch for signs that your loved one who is in a nursing home may be experiencing abuse or neglect. Here are some of the most common telltale signs:
It’s important to pay attention to your loved one’s demeanor whenever you visit them or talk to them. You should also take note of their personal hygiene as well as the condition of their room. Additionally, you can examine their skin to see whether they have bruises, welts, bed sores, or other wounds that look like they might have been inflicted by another person or the result of neglect.
The most important thing you can do is to listen to them and take all abuse complaints seriously.
Knowing the common types of elder abuse can help keep your elderly loved ones safe. Elder abuse comes in many forms of physical and emotional mistreatment.
Commonly seen forms of nursing home abuse include:
This abuse can include emotional isolation or belittlement, instilling fear with threats, deprivation of privacy or autonomy, verbal attacks, or manipulation through guilt.
Sexual assault in nursing homes takes place more often than people realize. This sexual misconduct occurs when facilities fail to properly screen new hire employees or monitor staff-to-patient interactions.
Elder financial abuse in a nursing home environment can often occur due to seniors' vulnerability in financial situations, combined with a lack of oversight. This type of financial exploitation can take many forms, such as stealing from an older adult's Social Security payments or bank accounts.
Many senior residents fall victim to improper wound care. Poor hygiene and infrequent changing of bandages can cause wounds to become infected, leading to unpleasant symptoms like itching, redness, pain, and swelling. Failure to manage wound care properly often results in severe outcomes like sepsis or amputation.
Medical abuse due to medication errors often gets overlooked. Medical abuse may take the form of administering either too much or insufficient medication, prescribing medications without justification, or simply failing to provide medical care to those residing in long-term living facilities. These oversights can lead to significant health issues or even death for elderly residents.
A nursing home resident may experience dehydration, malnutrition, and bed sores due to the nursing staff neglecting or even refusing, in some cases, to provide essential personal care needs or attention. There are, unfortunately, also cases in which senior residents are subjected to physical beatings and emotional trauma daily.
If the nursing home allowed your loved one to leave the premises unattended (also called elopement), that could be grounds for a negligence claim.
An especially damaging form of injury caused by nursing home neglect is referred to as “contracture.” Contractures occur when the normally elastic & flexible skeletal muscle tissue attached to the bone is replaced by rigid tissue due to immobility. That is, if the nursing home resident is not assisted in moving their body regularly, contractures can happen.
To guarantee an elderly person is treated with respect and dignity at their nursing home or assisted living facility, a Dallas nursing home abuse lawyer may suggest visiting the residence often. Also, it helps to develop a relationship with care facility staff. Getting to know the workers personally can contribute to keeping your older relatives protected from harm.
The elderly members of our society deserve protection and care due to their vulnerability. Unfortunately, the rate of nursing home abuse cases in Texas is high. AARP revealed that Texas ranked number 49 among the states for its residents' quality of life and care in nursing homes and long-term care facilities.
Elderly patients in nursing homes or facilities deserve protection from mistreatment, physical harm, or exploitation. These vulnerable individuals should have access to safe living standards and proper medical care and attention. Unfortunately, data shows that nursing home abuse often goes unreported, making it difficult for local law enforcement and other authorities to combat this growing problem. Here are some more troubling statistics:
The data on Texas nursing home abuse is alarming and shows the need for better protection of vulnerable elderly persons. Additionally, all Texans must be aware of these statistics to take steps toward reducing the number of nursing home abuse cases in Dallas and throughout Texas.
Elder abuse is a critical issue in our society, and certain members of the elderly population are most at risk of experiencing this type of mistreatment. These high-risk individuals include those who:
Additionally, individuals in poverty or minority communities may be more likely to experience physical and emotional mistreatment. All seniors deserve the same respect and dignity as they age, including proper care and protection from harm.
If your loved one shows signs indicating they are a victim of elder abuse, it's essential to take action immediately. Symptoms might include significant changes in behavior, refusal of care, or sudden lack of communication with staff members.
If you suspect a Dallas, TX, nursing home is abusing your loved one, document every step you take when intervening on behalf of your loved one. Detailed records can be vital if you decide to pursue legal action.
Additionally, contact an outside source for help, such as a Dallas nursing home abuse lawyer. You can also contact Adult Protective Services if you feel the nursing home isn't doing anything about the situation.
You may feel nervous if you report elder abuse to an Adult Protective Services agency. Rest assured that an APS agent will take your report seriously. The law requires APS workers to intervene and take whatever action they believe is necessary to protect those abused.
After submitting an APS report, you can expect that the adult protective service caseworker assigned to the case will conduct an investigation and work with a team from other organizations, such as local law enforcement and public health departments.
Every situation is different, but most often, the APS worker will begin the investigation by speaking with the person reporting the abuse, followed by the alleged abuser(s).
The APS worker is trained to look for any signs of abuse or neglect. They may ask for additional evidence if it's available. They should explore all possible angles during their investigation by contacting medical professionals, family members, and other agencies.
The primary mission of Adult Protective Services is to advocate on behalf of adult victims of abuse. If you have a current situation dealing with nursing home abuse and mistreatment, making a report to APS is an essential step towards protecting your loved one.
Elderly abuse is a well-documented problem in Dallas nursing homes and assisted living facilities. Unfortunately, the most common perpetrators of such abuse are those most involved in their care: caregivers and nursing home staff.
While studies indicate that most nursing home staff members have good intentions, inadequate training and lack of supervision can lead to unintentional mistreatment or neglect.
Wrongful death in a nursing home is a tragic occurrence that can have profound emotional and financial repercussions for families. A wrongful death occurs when someone dies while in the care of the nursing home facility, stemming from lack of care, gross negligence, medical malpractice, or other preventable oversight.
If you believe your loved one died due to negligence or recklessness by a nursing home staff member or manager, speak with a Dallas nursing home abuse lawyer. A skilled lawyer will be able to review the circumstances surrounding your loved one's death and provide guidance on how to best approach filing a wrongful death lawsuit against the facility in question.
Grieving families who have lost a beloved family member due to nursing home negligence may be eligible for compensation.
In a nursing home wrongful death lawsuit, the following types of compensation may be awarded:
Filing a wrongful death suit against a nursing home can be complex. However, if successful, it can bring much-needed closure and financial relief to those who have suffered such an immense loss due to another party's careless behavior.
If you are located in Dallas and are looking for a nursing home abuse lawyer, please reach out to Rasansky Law Firm today to discuss how best we can serve you during this difficult time.
You may be entitled to both economic and non-economic compensation if you or a loved one has suffered from nursing home abuse. Economic damages are easily quantifiable, such as medical bills and lost wages. However, non-economic damages cover any injuries that don't have an immediately clear monetary value.
Non-economic damages don't have an easily calculated dollar amount attached, but they still qualify for compensation when filing a lawsuit for nursing home abuse. For example, if someone has endured physical pain and suffering due to nursing home abuse, this would qualify as a form of non-economic damage. Here are some more examples:
Though a court can't quantify these items by looking at an itemized list or bill, these damages often impact the victim more than economic losses do, so there are ways Texas law allows for them also to be compensated.
It is easy to overlook non-economic damages when pursuing a case for nursing home abuse; however, their impact is just as damaging. Often, victims experience deep psychological pain or trauma that doesn't appear on an invoice or bank statement. These forms of damage should still be recognized and accounted for when filing a lawsuit against a negligent nursing home facility.
To maximize your potential recovery amount, consider all forms of loss associated with your case —both economic and non-economic—to ensure you receive total compensation for what transpired.
If you or someone you love has experienced abuse while living at a nursing home facility, whether through neglect, physical abuse, or emotional harm, speak with a nursing home abuse attorney as soon as possible.
A qualified attorney will work diligently on behalf of their client (and their family) to ensure you receive full and fair compensation for all areas suffering from economic or non-economic losses.
In short, seeking legal representation can help you recover maximum awards after experiencing abuse at a nursing home. A lawyer can fight for justice by holding nursing home staff accountable for their negligent actions.
Due diligence is essential when it comes to caring for an elderly loved one. Researching a nursing home or assisted living facility is the best way to protect your loved one from Dallas nursing home abuse. Ultimately, this will help you make an informed decision on behalf of your cherished family member.
According to the Texas Administrative Code, the minimum staff-to-resident ratio for nursing and assisted living facilities is 1:20. If the staff-to-resident ratio is balanced, adequate personnel is present to support and monitor residents' health needs 24/7.
Check out online reviews from people who have had experience with the facility. These reviews can provide valuable insight into what life is like at the nursing home or assisted living facility and whether family members are happy with the care provided.
You can also check out rankings from independent third-party websites such as U.S. News & World Report and Medicare's Nursing Home Compare website, which provide ratings on aspects of the nursing home or assisted living facilities, such as safety, quality of care, staffing levels, and more.
Once you've researched online, it's time to tour the facility. Make sure the tour takes place during regular operating hours so that you can get an accurate feel for what day-to-day life is like at the facility. Pay attention to cleanliness, the demeanor of both staff and residents and how the staff interacts with the residents. This observation will give you an idea of how well the patients are being cared for in the facility.
Ask questions about any policies or procedures that may have been unclear from your online research. If possible, try to speak with some nursing home residents to get first-hand accounts of their experiences while staying at the facility. They may provide valuable feedback on the quality of care received and overall satisfaction levels with their stay at the nursing home or assisted living facility.
Ensure that any potential nursing home or assisted living facility you visit complies with all Texas health and safety standards and regulations. This information should be readily available on the Texas Department of Aging and Disability Services website. The website contains information on licensing standards, reporting requirements, staffing requirements, and more.
It can be difficult to decide where your elderly loved ones will live in their later years. These steps can help you select a trustworthy nursing home or assisted living facility. By researching potential facilities ahead of time, taking tours during regular operating hours, checking compliance with state regulations, and speaking with current residents if possible—you can make an informed decision about a facility that's best suited for your elderly loved ones' needs.
One little-known fact about Texas is that the State passed a law specifically granting you the right to install a hidden camera in a nursing home. There are a few rules to follow, but we strongly encourage every family who requires the services of a nursing home to take advantage of this. Nothing prevents nursing home abuse better than when caregivers know that they’re being recorded.
It is heartbreaking when your loved one experiences abuse in a nursing home. You may feel unsure of what to do next. When you hire a nursing home abuse attorney, they will provide comprehensive legal services for you and your loved one.
First, they will investigate the circumstances surrounding the abuse. This work includes gathering evidence such as medical records, witness statements, and other pertinent documents.
Your attorney will also represent your loved one's rights during any court proceedings resulting from their case. This legal step could include filing medical malpractice claims against the nursing home or seeking compensation. Additionally, the attorney can negotiate on your behalf with insurance companies.
Lastly, a Dallas nursing home abuse lawyer can help you develop a plan to protect your family from future abuse or neglect in nursing homes. This legal option could include working with state legislators to pass new laws regarding care standards or holding nursing homes accountable for any violations of established regulations.
When it comes to protecting your loved ones from nursing home abuse or neglect, the assistance of a Dallas nursing home abuse lawyer is invaluable. They have the knowledge and resources to ensure you receive justice and recover compensation after a traumatic experience.
If you are looking for a Dallas nursing home abuse lawyer, contact Rasansky Law Firm today. Our team has nearly 30 years of experience representing victims of negligence and mistreatment throughout Texas, helping them through difficult times with compassion and respect. Together we can fight for justice.
If you or your loved one suffered nursing home abuse, consider filing a lawsuit as soon as possible. Taking legal action sends a strong message that there is no tolerance for such mistreatment.
Here's what to expect when filing a nursing home abuse lawsuit in Dallas, Texas:
To begin filing a nursing home claim, take the initial step by hiring a personal injury attorney specializing in these home abuse cases. Your attorney should have experience with nursing home abuse and be familiar with the Texas laws surrounding elder abuse.
In addition, they should have relationships with other professionals, such as medical experts and investigators, who can help them build their cases.
Your Dallas nursing home abuse lawyer will work with you to compile evidence that shows negligence or intentional harm on the part of the nursing home staff. The evidence gathered might include medical records, photographs, witness statements, and other relevant documents demonstrating the extent of the abuse or neglect inflicted upon you or your loved one.
Your nursing home abuse attorney may also need to conduct interviews with witnesses or obtain additional evidence from third parties, such as former employees of the nursing home facility.
Once all the required evidence has been gathered and reviewed by your Dallas nursing home abuse lawyer, they will prepare the proper paperwork for filing a lawsuit against those responsible for inflicting harm upon your loved one. Once filed, this means that those responsible must answer for their actions in court and may face civil penalties depending on the severity of their negligence or intentional mistreatment.
Settling the Case
Your lawyer will negotiate with all necessary insurance companies, such as that of doctors and nursing home facilities. The final settlement amount will depend on various factors, including the severity of the incident and exactly what damages should be compensated. If the insurance company will not settle for a reasonable amount, your lawyer will take the lawsuit to court and fight for the best possible outcome.
Taking legal action holds those responsible for their actions accountable. It ensures justice for elderly victims of negligence or intentional abuse at the hands of caregivers at nursing homes in Dallas, Texas. It also helps make the world a safer place for all of today's and tomorrow’s nursing home residents.
Dealing with nursing home abuse can be traumatic for victims and their loved ones. If you or a family member faced neglect or abuse at a nursing home, select a Dallas nursing home abuse lawyer to protect your legal rights.
These cases require someone who knows Texas law in great detail and has experience dealing with these situations. Having a Dallas nursing home abuse lawyer who can handle your case with compassion and professionalism is best.
You can find a Dallas nursing home abuse lawyer at Rasansky Law Firm. We offer a free legal consultation, so you have nothing to lose by speaking with us about your unique circumstances. Don't wait any longer to start getting the justice you deserve. Contact us today.
Our Dallas nursing home abuse attorneys have dealt with many elder abuse cases in Dallas (as well as throughout Texas), and we would appreciate the opportunity to help you seek justice against those who have caused harm to someone you love.
Taking legal action may help your family obtain justice as well as the compensation they deserve, and more importantly, will prevent these people from preying on the elderly ever again.
You can call our Dallas nursing home abuse lawyers at (214) 651-6100 any time of the day for a free over-the-phone consultation. You can also reach us via website chat or email if you prefer. If we can help you, we’ll do so on contingency so that you never risk a penny of your own money.
If you would like additional information on nursing home abuse, be sure to check out our free reports on the warning signs of nursing home abuse, as well as a nursing home resident’s Bill of Rights.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
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