Texas Nursing Home Abuse & Neglect Lawyers
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.
According to data managed by Medicare, there are currently 1228 nursing facilities rated in Texas based on inspections, surveys and investigations. The federal agency identified severe deficiencies and violations in 518 (42%) of these Texas nursing homes that are now deemed to provide substandard care to their residents. Was your loved one injured, mistreated, abused or did they die unexpectedly from neglect while residing in a Texas nursing home? If so, we encourage you to contact the Texas nursing home abuse lawyers at Nursing Home Law Center today to begin a claim for compensation. Let us evaluate your case through a free, initial case review.
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 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.Texas Nursing Home Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers
The laws of Texas impose upon nursing home owners the obligation to protect every patient to ensure they receive medically accepted standards of care. In fact, the medical staff, administration, management and owners have a duty to exercise reasonable care and ensure that no patient is neglected or abused by anyone at the facility.
Unfortunately, even with strict Texas laws, rules and regulations set forth to punish any nursing home that neglects residents, patients are still victimized. In many incidences, the patient develops pressure ulcers as a result of an inattentive or neglectful nursing staff.
Our Texas nursing home lawyers are committed to holding facilities fully accountable when a patient develops a pressure sore at their facility. Complete the contact form and one of our attorneys will reach out to you shortly.
Pressure ulcers (decubitus ulcers; pressure sore; bedsores) are skin wounds that can develop easily on bony prominences on the body. These areas include the ankle, heel, tailbone, hip, shoulders, shoulder blades, elbows, neck and the back of the head. The decubitus ulcer is usually developed by continuous body pressure where it touches a cushion, pad, bedding material or another body part. Bedsores in their advanced stage can be extremely painful.
The pressure restricts blood circulation and limits the amount of oxygen that can reach the affected area. If the pressure is not alleviated, the lack of oxygen can cause the skin to become permanently damaged or begin to die. Because of that, it is essential that the pressure be alleviated, especially in patients that have limited mobility or those unable to readjust their position without help. Bedridden individuals and those bound to a wheelchair have the highest susceptibility to developing a bedsore.
Nearly every type of bedsore can be prevented when the nursing staff properly monitors the patient and follows a strict schedule for turning or repositioning their body. An effective health plan for the patient requires numerous steps to avoid the development of a sore. These steps include:
Regularly turn the patient’s position every two hours or less
Feed the patient nutritional meals and ensure they are hydrated properly
Provide soft padding for their chair, wheelchair or betting as a way to reduce or eliminate pressure against skin and underlying tissue
Keep the resident dry and clean, and prevent any continuous contact with moisture including accumulated urine, feces or sweat
Excessive moisture can easily degrade the patient’s skin integrity causing it to break down, rupture or tear, which could increase their potential to develop a pressure ulcer.A Sign of Neglect in Texas Nursing Homes and Hospitals
Nearly every type of pressure sore is an obvious indicator that the nursing staff is neglectful or inattentive to the needs of the patient. This is because most facility-acquired bedsores are caused by understaffing or because the facility is staffed with nurses and nurse’s aides that have insufficient training. For many families, filing a complaint with the nursing facility does little to remedy the problem when there are systemic management issues within the home.A Legal Remedy Available for Those with TX Bed Sore Cases
When a loved one placed in a nursing home has suffered a pressure sore, family members often believe negligence is involved. In many incidences, the bedsore developed because the medical staff was too busy, too lazy or uncaring to perform their jobs as required. As a result, the loved one’s health was compromised to the point where their life was in jeopardy.
Typically, the best remedy is a legal one. Hiring a Texas pressure ulcer attorney is a simple solution for stopping the negligence now. In addition, the law firm can ensure that medical personnel with specific training in healing life-threatening wounds treat the loved one to assist them in restoring their health. These professionals provide services in cities all throughout Texas including:
- San Antonio
- El Paso
Fill out the contact form here to schedule an appointment with a Texas pressure ulcer attorney listed below. Our Texas nursing home attorney can accept your case on a contingency basis, meaning you are not required to pay any upfront fees. Your attorney can seek financial compensation for your damages and stop the neglect immediately.
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)