NURSING HOME NEGLIGENCE LAWYER IN HOUSTON
Houston Nursing Home Negligence Lawyer
Can I Sue a Care Home for Neglect?
Yes. Every state allows you to sue for nursing home negligence. A lawsuit may bring compensation and closure if your loved one has suffered as a result of negligence at a long-term care home. Each jurisdiction, however, has its own set of procedures for dealing with legal concerns. Suing a care facility for negligence is easier with the help of a nursing home negligence lawyer.
Abuse may be defined as any type of nursing home negligence that causes harm to a resident. As a result, you may be able to file a negligence lawsuit against a nursing facility and get compensation.
What Is the Average Settlement for Nursing Home Neglect?
The typical case for nursing home mistreatment in the United States settles for around $406,000, according to the journal Health Affairs. If you discover that your senior loved one has been subjected to nursing home abuse and are wondering how much money your nursing home abuse settlement may be worth, the truth is that it will be based on the following factors.
- Circumstances and facts of the case in question
- Amount of damage or harm suffered by the elderly victim
Nursing home abuse claims are generally brought by a family member of an elderly patient who has suffered physical or psychological abuse or neglect that has resulted in damage or harm. According to Health Affairs, in 88 percent of all instances involving nursing home abuse, the plaintiff got compensation, which is nearly three times the success rate of medical malpractice claims.
This payment percentage indicates that if a victim (or a victim’s family) has a solid case and can show that nursing home abuse occurred to an older nursing home patient, they have a good probability of winning their case. It is crucial to remember, however, that each case must be thoroughly investigated based on the unique circumstances underlying the accusation of nursing home abuse. Contact a qualified nursing home negligence lawyer as soon as possible.
What Constitutes Neglect in a Nursing Home?
In the United States, nursing home neglect is a terrible but all-too-common problem. It occurs when nursing home patients are not given adequate care and have physical or mental health issues as a result. First, we must understand the difference between abuse and neglect in a nursing home setting. Federal nursing home regulations define abuse and neglect as the following.
- Abuse: intentional infliction of unreasonable confinement, injury, intimidation, deprivation of care or service, or any punishment resulting in physical harm, pain, or mental anguish.
- Neglect: intentional or unintentional failure to provide someone with the necessary services to ensure that they do not experience pain or harm; a failure to appropriately react to a situation which is potentially dangerous and results in resident anxiety or harm.
Negligence in a nursing home setting has a few different forms, which we list below.
When a member of the nursing home staff fails to satisfy a resident’s health care needs, it is known as medical neglect.
- Failure to provide medication when it is required
- Inadequate medical treatment for pre-existing conditions such as diabetes or dementia
- Seniors with mobility difficulties are not moved on a regular basis, placing them at risk of bedsores
- Not informing nurses or physicians about indications of infection or sickness
Social or Emotional Neglect:
If nursing home staff members prohibit residents from connecting with others, they may be committing emotional neglect.
- Unintentionally isolating vulnerable residents
- Failing to provide walkers, canes, or wheelchairs to residents who have mobility problems
- Forgetting to move residents who have severe mental or mobility issues
Basic Living Needs Neglect:
The nursing home or its employees fail to maintain the facility and its amenities safe when they are neglected in this way.
- Not maintaining a normal temperature in the nursing home
- Failing to clean residents’ rooms or common spaces on a regular basis
- Providing unsafe or inadequate food or water to residents
Personal Hygiene Neglect:
When care personnel disregard residents’ personal hygiene, it can have a negative impact on their looks and health. In certain cases, poor cleanliness in nursing homes can be life-threatening.
- Not changing residents’ clothes on a regular basis
- Failing to change soiled clothing or bedding
- Improperly or infrequently bathing a senior
- Failing to regularly check in on residents
Is It Difficult to Sue a Nursing Home?
No, suing a nursing facility for negligence is straightforward with the aid of an attorney with experience in this area. Personal injury attorneys with experience in nursing home claims can develop a case against a long-term care facility and try to obtain the best compensation possible. We recommend speaking with a nursing home negligence lawyer with Reich & Binstock. When you give us a call, we’ll work tirelessly to ensure that you or your senior loved ones get the attention and care they deserve for their case.
What Is Considered Patient Negligence in a Nursing Home?
One specific type of medical malpractice is patient neglect. Medical negligence that involves patient neglect is known as patient neglect. Patients are owed a duty of care from all medical professionals, including physicians, dentists, hospitals, nursing homes, and other treatment or residential facilities. A treatment provider or facility offering medical services to the patient shall not disregard the patient’s medical needs. Hospitals, nursing homes, and residential institutions are required by law to provide supervision for the safety and security of their patients. Patients, however, may not always receive the attention they require to preserve their health.
How Do You Prove Nursing Home Neglect?
Fortunately, with the help of your nursing home negligence lawyer, there are ways to prove that the negligence occurred. You have the right to hold individuals responsible for their heinous actions, whether it was a one-time occurrence or a pattern of abuse. The following actions help to prove the legitimacy of the allegations.
- Watch for and note the signs of abuse. Signs include unexplained mood changes, bruises, cuts, broken bones, frequent injuries without staff explanation, malnutrition, dehydration, restraint usage, withdrawal from activities they used to enjoy, or seeming uneasy around caretakers.
- Get the nursing home and medical records. Review them, while looking for unnecessary treatments, inconsistencies, strange uses of medications, or a lack of explanations for injuries.
- Photograph the evidence. Include pictures of evidence such as soiled bedding, unsafe spaces, injuries, and other conditions.
- Gather witness statements. A nursing facility may inadvertently mistreat or neglect patients, leaving behind witnesses. Other residents, family members visiting residents, or facility personnel might be witnesses.
- Get past inspection and license reports. Past inspections might show a tendency toward violating state or federal requirements in citations. They might also lack a license.
- Hire a nursing home negligence lawyer. There is a lot of red tape involved in proving that a nursing home provided negligent or abusive treatment. You’ll need to get data from the county and state governments, and you might have to file motions to compel the nursing facility to hand over information. An attorney can assist you in overcoming these obstacles and obtaining the proof you require to prove your case.
How Long Does a Nursing Home Negligence Lawsuit Take?
In many cases, lawsuits take quite a while to resolve. More specifically, these cases take an average of 18-24 months, or even longer. The process generally begins with the initial case evaluation, including the consultation with your lawyer and the investigation of the claim. Once we’ve taken on a case, we do a more thorough examination to see if the claim contains medical errors that reach to the level of medical malpractice. If or when we find liability, we send a Notice of Claim (NOC) to the potential defendants. Then, we file our lawsuit with the court. From there, the case either moves to settlement negotiations and mediation or to trial.
Contact a Nursing Home Negligence Lawyer at Reich & Binstock
If you or a loved one suffered mental, emotional, or physical neglect in a nursing home, you need a qualified nursing home negligence lawyer. At Reich & Binstock, we have extensive experience handling these cases, and we fight tooth and nail for the rights of our clients. For more information about how we can help, or to schedule a free consultation, please call 713-622-7271 today.