HOUSTON NURSING HOME ABUSE LAWYER
Houston Nursing Home Neglect Lawyer
When an act of carelessness, neglect, or abuse on the grounds of a nursing home causes harm to a patient or resident, the nursing home, convalescent home, rest home, or long-term care facility can be held legally responsible—meaning a personal injury or medical malpractice case can be brought against them. A nursing home negligence lawyer will help you and your loved ones determine how best to handle your case.
Oftentimes, people recognize that nursing homes are supposed to be safe spaces for elderly residents. In fact, we expect that their level of care is comparable to that of a hospital, but with more comfortable amenities and activities to keep the residents occupied and happy. Unfortunately, nursing home negligence is a very real occurrence.
At Reich & Binstock, we fight for the rights of all nursing home residents, as they deserve the highest level of care possible. If you or someone you know suffers from neglect in their care home, please contact a Houston nursing home abuse attorney with Reich & Binstock. Call 713-622-7271 today for a free consultation.
Can I Sue a Nursing Home for Neglect in Texas?
Yes. Every state allows you to sue for nursing home abuse or 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.
How Much is a Nursing Home Neglect Case Worth?
The typical nursing home abuse case in the United States settles for around $406,000, according to the journal Health Affairs.
If you’ve recently discovered that your senior loved one has been subjected to nursing home abuse, after you’ve gotten past the initial shock, it’s normal to want to hold the assisted living facility or nursing home accountable for their actions or lack thereof.
Nursing home abuse cases or settlements are based on the following factors:
- Circumstances and facts of the case in question
- Amount of damage or harm suffered by the elderly victim
Since normally, nursing home abuse victims aren’t able to file a claim, family members need to file a claim on their behalf.
If your loved one is a nursing home resident who has suffered physical or psychological abuse or neglect that has resulted in damage or harm, you can and should file a nursing home abuse lawsuit.
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 Houston nursing home abuse lawyer as soon as possible.
Holding negligent nursing homes accountable not only provides compensation for medical bills and to find other living arrangements for your loved one, it also helps protect the other nursing home residents who may be subject to the same treatment.
What is Considered Negligence 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.
Nursing home abuse or negligence has a few different forms:
When a member of the nursing home staff fails to satisfy a resident’s health care needs, the lack of acting is referred to as medical neglect. This can include:
- 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. This can include:
- 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
Basic living needs are neglected when he nursing home or its employees fail to maintain the facility and keep its amenities safe. This can include:
- 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. Personal hygiene neglect can include:
- 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 a Houston nursing home abuse attorney. 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 Texas nursing home negligence lawyer with Reich & Binstock. When you give us a call, we’ll work tirelessly to ensure that you and your senior loved ones get the attention and care they deserve for their case.
What Is Considered Patient Neglect in a Nursing Home?
One specific type of medical malpractice is patient neglect. Medical negligence that involves a caregiver either intentionally or unintentionally neglecting a patient 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 should never disregard the patient’s medical needs.
Furthermore, 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 Abuse or Neglect?
With the help of your Houston nursing home abuse lawyer, there are ways to prove that the abuse or 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:
Signs of Nursing Home Abuse
Signs of nursing home abuse 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. For example, suppose your loved one has suffered a fall in the nursing home, but the staff didn’t inform you of the incident. By knowing the symptoms to look for after a fall, you can recognize when your loved one might need more care and attention.
Obtain Nursing Home and Medical Records
Review the logs provided by the nursing home, as well as medical records, while looking for unnecessary treatments, inconsistencies, strange uses of medications, or a lack of explanations for injuries.
Photograph Evidence of Nursing Home Abuse or Neglect
Include pictures of evidence such as soiled bedding, unsafe spaces, injuries, and other conditions.
Gather Witness Statement
A nursing facility may inadvertently mistreat or neglect patients, leaving behind witnesses. Other residents, family members visiting residents, or facility personnel might be witnesses.
Past Inspecting and Licensing Information
Past inspections might show a tendency toward violating state or federal requirements in citations. They might also lack a license.
Hire an Experienced Nursing Home Abuse Lawyer
A good amount of red tape exists around 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. A good nursing home abuse 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 Texas?
In many cases, lawsuits take quite some time 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 nursing home abuse 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 nursing home abuse lawsuit with the court. From there, the case either moves to settlement negotiations and mediation or to trial.
Experienced Nursing Home Abuse Lawyer in Houston, Texas
If your loved one suffered mental, emotional, or physical neglect in a nursing home, you need a qualified nursing home abuse lawyer.
At Reich & Binstock, we have extensive experience handling nursing home abuse cases, and we fight for the rights of our clients, as if they were our own. For more information about how we can help, or to schedule a free consultation, please call 713-622-7271 today.