When your elderly loved one can no longer care for themselves, it is often the best decision to place them in a nursing home. You will visit facilities and assess how clean they are and how friendly the staff is. You want to know the residents are well cared for.
Families may also look up the results of government inspections and review their ratings. Many Texas nursing homes rate highly for care, but it is extremely troubling when they do not. They may be plagued by staff turnovers, leaving new caregivers untrained or unable to perform tasks with too few aids. When this occurs, even with previous positive reviews, your loved one can end up neglected and injured. If you suspect your family member is being neglected, a Pasadena nursing home abuse lawyer can help.
Our trusted personal injury attorneys know how to get you results.
Nursing home abuse occurs when patients are subjected to unsafe and unhealthy conditions fostered by workers employed to care for them, but whose actions are negligent, reckless, or intentional. If patients are injured, the nursing home and caregivers may be liable to compensate the injured patient or family. Some examples of nursing home abuse include:
If the patient’s attorney can establish the elements of negligent abuse, duty, breach, causation, and damages, or intentional abuse which is a criminal act, the patient is entitled to economic and non-economic compensation. Economic damages include medical care associated with neglect and the cost of relocating the patient. Non-economic damages compensate patients for more elusive suffering, including emotional trauma. A nursing home abuse attorney in Pasadena, TX offers compassionate guidance when injustices occur.
If a patient dies from abusive treatment, family members can bring a wrongful death lawsuit against the facility, and everyone charged with the person’s care. The decedent’s executor can step in and bring a lawsuit if the family declines to file one.
Damages include the decedent’s end-of-life expenses, and any money they could have recovered if they had filed a successful lawsuit.
If abuse is based on negligence, Texas Civil Practice & Remedies § 16.003(a) is the statute that allows a nursing home patient and plaintiff to sue a defendant. For injuries, including nursing home abuse, the limit is two years from the day the abuse occurred.
If a defendant purposely conceals the abuse, the two years begin when others discover it. A nursing home patient and plaintiff who is not mentally competent may have longer to file. Consult a Pasadena elder patient neglect attorney to ensure filings are timely.
Texas is vigilant in overseeing the state’s nursing homes and most are staffed by compassionate personnel. However, sometimes people exhibit a dark side and abuse the elderly. You must stay aware to ensure your loved one is safe and is not being taken advantage of.
Be vigilant. If your loved one complains or you notice signs that they are being abused, such as lack of interest in life, uncleanliness, or unexplained weight loss, contact us. Your loved one’s life may depend on it, and we can hold the abuser accountable and arrange a swift removal from the facility. Consult a Pasadena nursing home abuse lawyer now.
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