Entrusting the care of a loved one to an accredited nursing facility or other residential care organization is a difficult decision that many families deliberate over. Putting an older family member in this care should mean that they will be safe and comfortable in their new home. Unfortunately, some care facilities are not secure and reliable environments. Your loved one might experience neglect, exploitation, or even abuse while staying in a nursing home.
If one of your loved ones resides in a senior care facility and experienced mistreatment, you thankfully have options for holding the reckless individuals responsible for any exploitative acts. A Fort Hood nursing home abuse lawyer can offer advice about how to protect your loved one’s well-being and make the facility assume responsibility for the harm they caused. Our firm knows these situations can be stressful, but a compassionate personal injury attorney can help.
Nursing home neglect happens when a facility fails to meet a patient’s basic needs. This issue usually stems from understaffing or a lack of resources. A patient who becomes malnourished, dehydrated, develops bedsores, or suffers unexplained falls could be considered a victim of neglect. Delays in medical care, poor personal hygiene, inadequate enrichment activities, and unsanitary conditions are also signs of carless and inattentive supervision.
Anyone who believes that their love one might be experiencing neglect in their senior residence center could file a report to the state agency responsible for licensing and regulating nursing facilities. They could also consult a personal injury attorney about whether they can file a claim against the organization in question.
Lawsuits become an option when a plaintiff can demonstrate evidence of negligent hiring, supervision, or staff retention. Additional issues that could entitle a claimant to pursue a negligence action include unsafe conditions on the premises or poor medical care. If this carelessness resulted in a senior patient’s passing, the plaintiff could potentially file a wrongful death lawsuit.
A compassionate attorney in Fort Hood can help determine whether a plaintiff’s family member experienced neglect in a nursing home and outline a plan for holding the establishment responsible.
Abuse differs from neglect in that it consists of intentional mistreatment of a nursing home resident. Texas law criminalizes countless forms of abuse in a senior care center, whether it be physical, emotional, or financial. Extorting or stealing money or property from a nursing home resident is a common example of abusive behavior.
Meanwhile, emotional abuse in a nursing home could include making humiliating comments, denying a patient access to family members, or saying things meant to distress or frighten a patient. When it comes to physical mistreatment, common harmful actions include striking a patient, using other forms of physical coercion, or engaging in sexual exploitation.
Anyone concerned that their loved one might be experiencing abuse in their residential care center should contact law enforcement, notify the state of their suspicions, and retain a legal representative immediately. Depending on the situation and the available evidence, police could arrest the guilty individuals and bring criminal charges against someone who abused a nursing home resident. Afterward, a well-practiced lawyer in Fort Hood can help a family file a compelling lawsuit to seek damages for their suffering.
Contacting an attorney early in the process of fighting against nursing home abuse is beneficial in several ways. First, being proactive could help the interested party file their lawsuit on time. For instance, Texas Civil Practice and Remedies Code §16.003 requires anyone who brings a lawsuit seeking damages for personal injuries to do so within two years of the date of injury.
Second, if the facility learns that a patient or their family has retained legal representation, it might spur the organization to make significant improvements sooner. Finally, a tenacious attorney in Fort Hood can demand that the nursing home preserve any relevant evidence of abuse, ensuring it will be available in the future.
The decision to pursue a legal action against a senior care facility should not be taken lightly. However, contacting a Fort Hood nursing home abuse lawyer from the moment you first suspect mistreatment can improve the situation for both your loved one and the other residents in the facility. Diligent legal representation can assess the living conditions at a center and help protect your family member’s rights. Reach out to the office today to schedule an initial appointment.