When an older adult becomes ill or needs special medical attention, their family may not have the skills or resources to care for them. In that case, they may entrust their loved one’s care to a nursing home. Unfortunately, thousands of nursing home residents are victims of abuse each year.
If your family member is mistreated in a nursing home, they may seek damages for their injuries or, if they are not competent, you could request compensation on their behalf. A Harker Heights nursing home abuse lawyer understands Texas’ elderly abuse laws and could work to protect your loved one’s legal rights. Reach out to a compassionate personal injury attorney to discuss your legal options.
People often associate elder abuse with physical harm to an older person. While this is accurate, elder abuse has many other forms. Some of these include:
Abuse of any type that harms the elderly person could give rise to a lawsuit for damages.
To protect an aging loved one, family members should be aware of certain red flags of nursing home abuse. Some of these include:
If the elderly resident displays unusual or aggressive behaviors, isolates from family members or peers, or appears fearful in the presence of nursing home employees, they could be the subject of abuse. A Harker’s Heights nursing home abuse lawyer is aware of the signs of abuse and could explain the reporting process to the resident and their family members.
Two Texas legislative actions protect the elderly from abuse in nursing homes. The Adult Protective Services Act and the Elderly and Disabled Persons Act mandate nursing home workers to report any elder abuse they observe or reasonably believe may be occurring. A caretaker who fails to report elder abuse may be terminated from their job and could face criminal charges.
When abuse is reported, the local Harker’s Heights Adult Protective Service Agency investigates the allegations. It may provide remedial services to the aging family member, including transferring them to a different facility. A family member who suspects abuse could consult a nursing home abuse attorney about the reporting process and how to safeguard their loved one.
If an older person is abused in a nursing home, they have two years from the date of the abuse to file a legal claim for damages. Once the statute of limitations has expired, the abused adult, or their family members, can no longer file a lawsuit. A Harker Heights nursing home abuse lawyer knows how to apply the statute of limitations and timely file a claim.
A nursing home abuse victim could recover compensation for their injuries, known as compensatory damages. These damages may include both ‘economic’ and ‘non-economic’ claims. Examples of compensatory damages include:
A lawyer skilled in nursing home abuse cases could assess the victim’s injuries and recommend a fair settlement.
Nursing home abuse lawsuits are legal claims filed in Texas civil courts alleging abuse of a nursing home resident. Nursing homeowners often have teams of attorneys protecting their interests and may attempt to persuade an elder abuse victim to settle their case for an amount that is less than they need or deserve.
If you or a loved one suffered harm in a nursing home due to the willful actions of others, our firm’s attorneys could help. A Harker’s Heights nursing home abuse lawyer could hold abusive parties responsible, including the owners of the nursing home, its staff, and the facility’s insurance company. Call today to speak with one of our experienced attorneys.