Nursing home abuse has become a serious issue that impacts thousands of elderly people every year. Society can no longer afford to turn a blind eye to the numerous elderly people who suffer injuries from a lack of quality core. Whether it is a case in which an elderly person suffers from a fall due to a broken walker or a case where an elderly person develops bedsores, nursing home negligence has a serious impact on the lives of people. It is vital for family members to be conscious and aware of the ways in which a loved one is being treated in a nursing home.
In Texas, over 29 percent of nursing homes were cited for having an accident-prone environment that could cause elderly people to fall or otherwise be injured. In 2008, statistics from a University of California-San Francisco research study also revealed that over 30 percent of nursing homes had issues with food sanitation or the quality of care provided to elderly residents. When nursing homes allow their standards to fall in these drastic ways, it is necessary for nursing home lawyers to intervene and hold administrators accountable. Nursing home lawyers can investigate the circumstances that have lead to this terrible treatment of residents.
Nursing Home Injury Laws in Texas
The Texas legislature has placed strong protections in place for elderly residents in nursing homes. The two Texas governing statutes for nursing home care are the Investigations and Protective Services for Elderly and Disabled Persons Act and the Adult Protective Services Act. These two pieces of legislation require that nursing home workers file reports of abuse or neglect when they have witnessed such behavior or have reasonable cause to believe that an elderly person is a victim.
Adult protective services can intervene to help elderly people who have been abused or neglected in Texas. After a family member files a report of abuse, then a loved one may qualify for short-term needs from Adult Protective Services (APS). A victim may qualify for new shelter, food, medication or mental health services. If you feel like your loved one has been in an abusive situation, then you can speak with a nursing home lawyer about whether he or she can qualify for protective services today. There may be short-term needs that he or she can receive at no charge from Adult Protective Services, and a lawyer can help you to apply for these services and learn about Texas nursing home laws.
Know the Red Flags of Nursing Home Abuse
Family members should be able to recognize the red flags that nursing home abuse may be impacting a loved one. It is important for family members to pay attention to the conditions in a facility. This means that family members should always have an awareness of the treatment of a loved one during their visit to a facility. They should pay attention to whether the environment is itself sanitary and clean. If it is clear that floors have not been washed, sheets are left unchanged or a premises otherwise appears unclean, this could be a signal that nursing home employees have dropped the ball in providing adequate care. It may be likely that there are other forms of neglect occurring in the nursing home, such as skipping meals for residents or inadequate supervision. Residents may be left isolated for long periods of time.
In addition to signs of neglect, there are also some signs that a resident is being physically abused in a nursing home. The following are signs that a resident is the victim of physical abuse:
- Scars and wounds
- Scratches and unexplained bruising
- Development of bedsores and ulcers
- Malnutrition and dehydration
- Weight gain and weight loss
- Broken bones
- Head concussions
- Desires to be isolated from peers
- Unexplained changes in behavior
Talk to Trusted Texas Nursing Home Injury Lawyers Today
Talk to nursing home injury lawyers when you feel like your loved one has been victimized in a situation. Lawyers can help you to understand Texas nursing home laws and stand up for the rights of a loved one. Our attorneys are ready to help families throughout the state of Texas in cities such as:
- Corpus Christi
- El Paso
- Fort Worth
- San Antonio
Schedule a free initial consultation with nursing home lawyers today to move forward in filing your legal claim.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 2 years with Discovery Rule. (Tex. Civ. Prac. & Rem. Code §16.003)
- Medical malpractice 2 years with Discovery Rule. (Tex. Civ. Prac. & Rem. Code §74.251(a))
- Medical malpractice action filed on or after September 1, 2003 – Noneconomic damages are limited to a total of $250,000 from all individuals and institutions, with a $500,000 total damages limitation from all institutions. (Tex. Civ. Prac. & Rem. Code §74.301)
STATUTE OF LIMITATIONS
- 2 years with Discovery Rule. (Tex. Civ. Prac. & Rem. Code §16.003 – http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htm#16.003)
- Medical malpractice action for wrongful death – Noneconomic and economic damages are limited to $500,000, adjusted annually for inflation. (Tex. Civ. Prac. & Rem. Code §74.303)