Austin Nursing Home Abuse Lawyer

Nursing home abuse is a deeply troubling issue that affects many elderly residents. When families entrust their loved ones to nursing homes or assisted living facilities, they expect a safe environment and compassionate care. 

Unfortunately, some facilities fail to meet these expectations, leading to instances of abuse, neglect, and exploitation. For victims and their family members, this betrayal of trust is heartbreaking and can lead to feelings of helplessness. However, victims and their families do not have to face these challenges alone.

Seeking legal assistance from an experienced Austin nursing home abuse lawyer is critical to protecting the rights of abused residents and holding negligent facilities accountable. 

Nursing home negligence lawyers specialize in helping families pursue compensation for the harm their loved ones have endured while working to ensure that abusive or neglectful behaviors are stopped.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse secure and fair compensation. Our Texas nursing home abuse attorney team has extensive experience handling abuse cases with care and achieving substantial outcomes through settlements and verdicts.

Our law firm takes a comprehensive approach to each case, thoroughly investigating all aspects of the abuse to address damages such as medical expenses, emotional suffering, and other losses. With our strong knowledge of nursing home abuse claims, we tackle every challenge to safeguard your rights and pursue the compensation you deserve.

Types of Cases Handled by Our Austin Nursing Home Abuse Lawyers

Nursing home abuse occurs when a resident in a nursing home or assisted living facility is harmed due to intentional actions, neglect, or exploitation by nursing home staff or others. These acts of abuse can cause significant physical, emotional, and financial harm to elderly residents and often go unnoticed until severe damage is done. 

A personal injury lawyer is experienced in handling a wide range of abuse cases, including the following:

Physical Abuse

Physical abuse involves intentional acts of harm such as hitting, slapping, or pushing residents. It can also include improper use of physical restraints or forceful handling during routine care.

Mental and Emotional Abuse

Mental and emotional abuse includes threats, intimidation, or any behavior that causes psychological harm to a resident. Verbal abuse is more challenging to detect but can have a profound impact on an elderly person’s well-being.

Sexual Abuse

Sexual abuse in nursing homes involves non-consensual sexual contact or inappropriate behavior, including cases where a resident cannot consent due to cognitive impairment. Examples include unwanted touching, coerced sexual acts, or assault by staff or other residents.

Medical Malpractice

Medical malpractice in nursing homes refers to improper or negligent medical care that harms a resident. Examples include failure to treat bedsores, errors in administering medications, and neglect of critical health needs.

Negligence

Nursing home negligence happens when a facility fails to provide basic needs and adequate care. This neglect can result in poor hygiene, malnutrition, dehydration, or even incidents of elopement, where a resident wanders away unsupervised.

Financial Abuse

Financial abuse involves exploiting a resident’s finances, often by coercing them to hand over money, forging signatures, or manipulating accounts.

Wrongful Death

Tragically, abuse or neglect in nursing homes can lead to the untimely death of a resident. Families of victims can seek compensation to hold the nursing home liable for their devastating loss.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents, ensuring their right to receive proper care, live in a safe environment, and be treated with dignity and respect.

Federal Protections: The Nursing Home Reform Act of 1987

The Nursing Home Reform Act of 1987 establishes the fundamental rights of residents in nursing homes receiving Medicare or Medicaid funding. Key protections under this law include:

• The right to be free from physical abuse, mental abuse, and sexual abuse
• The right to privacy, dignity, and personal autonomy
• The right to receive adequate treatment and medical care tailored to their needs
• The right to live in a safe and sanitary environment, free from hazards or neglect

If a facility fails to comply with these standards, it can face legal consequences under federal law.

State-Specific Protections in Texas

In Texas, nursing homes are regulated by the Texas Department of Aging and Disability Services, which enforces state laws to safeguard residents’ rights. Facilities must meet stringent requirements, including:

• Conducting thorough background checks to prevent negligent hiring of staff
• Providing sufficient staffing to ensure quality care and supervision
• Reporting any suspected elder abuse to Adult Protective Services or the Texas Department of Health and Human Services

Under Texas law, a facility that fails to meet these standards can be held liable for nursing home negligence or abuse.

Eligibility to File a Claim 

When these rights are violated through abuse, neglect, or exploitation, several parties may file a nursing home abuse claim:

• The Victim: If the resident is mentally competent, they can bring a lawsuit directly against the facility or staff members responsible for the abuse.
• Family Members: A close family member, such as a spouse, child, or guardian, can file a claim if the resident is unable to advocate for themselves due to cognitive impairments or other limitations.
• Estate Representative: In cases of wrongful death, the victim’s estate or legal representative may file a claim to recover damages for medical expenses, funeral costs, and emotional suffering.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse or neglect occurs, multiple parties may bear responsibility for the harm caused to residents. Liability often depends on the nature of the abuse, the individuals involved, and whether the facility failed to meet its legal obligations. 

Understanding who may be held accountable is a critical step in pursuing compensatory damages for victims and their families.

Nursing Home Facilities

The facility can be held liable for systemic issues such as negligent hiring, lack of staff training, or failure to provide adequate security. For instance, if underqualified staff are hired without proper background checks, the facility can be responsible for any resulting harm.

Nursing Home Employees

Nursing home staff who commit acts of physical abuse, sexual assault, or neglect can be directly liable. For example, a caregiver who intentionally withholds food or water may face legal consequences for their actions.

Administrators and Management

The leadership of a nursing home facility may be liable for failing to enforce policies that ensure residents’ safety. These oversights include ignoring warning signs of abuse or understaffing to save costs, resulting in harm to residents.

Third-Party Contractors

Many nursing homes rely on external providers for services like maintenance, medical care, or security. If these contractors fail in their duties—for instance, a security company that does not prevent unauthorized access—they may share liability.

Other Residents

In some cases, other residents in the facility may cause harm through acts of aggression, harassment, or sexual abuse. The nursing home can still be held accountable for failing to supervise and protect residents from foreseeable harm.

Medical Providers

If a resident suffers harm due to negligent medical treatment, such as medication errors or untreated infections, the responsible medical professionals may be held liable under medical malpractice laws.

How Our Austin Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, we bring years of experience representing victims of nursing home abuse and their families. Our team of skilled nursing home abuse attorneys understands the pain and frustration caused by abuse and neglect, and we are committed to holding negligent parties accountable. Here’s how we can help:

Free Case Review

We begin by offering a free consultation to evaluate the details of your case. During this initial discussion, a nursing home abuse lawyer will listen carefully to your concerns, explain your legal options, and provide guidance on the next steps. 

This no-cost evaluation allows you to make an informed decision about pursuing a nursing home abuse lawsuit without any upfront financial burden.

Case Investigation

Our legal team conducts a thorough investigation to uncover the facts surrounding the abuse or neglect. This evaluation includes:

• Reviewing medical records and medical bills
• Interviewing witnesses, including nursing home staff members and other residents
• Analyzing the facility’s policies, practices, and compliance with state and federal laws
• Collecting photographic or video evidence of injuries, unsafe conditions, or signs of neglect

By gathering evidence, we build a solid case to prove liability and demonstrate the full extent of damages suffered.

Filing the Claim

Once the evidence is gathered, we will file your claim against the responsible parties. This process includes preparing all necessary legal documents, presenting evidence to establish negligence or intentional abuse, and complying with the statute of limitations in Texas. 

Our experienced nursing home abuse lawyers ensure every detail is managed to avoid delays or errors that could impact your case.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations. We advocate aggressively on your behalf to secure a fair and substantial settlement that covers medical bills, pain and suffering, and other damages. 

If the facility or their insurance provider offers less than what your claim is worth, we will continue fighting for the best possible outcome.

Trial Representation

If a settlement cannot be reached, a personal injury attorney from our law firm will take your case to trial. We build a strong case by presenting evidence, calling expert witnesses, and demonstrating how the facility or nursing home staff caused harm to your loved one. 

With a proven track record of courtroom success, we fight tirelessly to protect your rights and secure the compensation you deserve.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 43 Medicare-approved nursing homes in Austin, and many of these facilities fall short in critical areas of care. Nearly 44% (19 facilities) have received an overall score that is either below or much below average. This rating suggests widespread concerns about the quality of care provided to nursing home residents in the area.

Regarding health inspections, approximately 51% (22 facilities) were rated poorly, indicating potential violations of safety regulations or poor adherence to federal and state laws protecting residents.

Staffing levels are another critical concern, with 29 facilities (67%) receiving low ratings. Inadequate staffing is often linked to nursing home neglect, as it can lead to issues such as poor hygiene, missed medical treatment, and a lack of supervision for residents.

The least alarming statistic relates to quality measures, with only two facilities (5%) scoring below or much below average. [1]

The worst-rated nursing homes in Austin include:

Recognizing the warning signs of nursing home abuse is crucial to protecting your loved one. Abuse and neglect often go unnoticed, especially when victims are unable or afraid to speak out. By staying vigilant, family members can identify potential issues and take action to ensure their loved one’s safety.

• Bruises, cuts, or burns
• Bedsores (pressure ulcers)
• Poor medical care
• Malnutrition or dehydration
• Untreated infections
• Bruising or injuries near sensitive areas
• Sudden emotional or behavioral changes
• Missing money or valuables
• Unauthorized financial transactions

What to Do If You Suspect Nursing Home Abuse

If you suspect abuse or neglect in a nursing facility, taking swift action can protect your loved one and hold the responsible parties accountable. Here are the steps you should follow:

Call 911 if There’s Immediate Danger

If your loved one is in immediate physical danger or needs urgent medical attention, call 911 right away. Appropriate authorities can ensure their safety and document the situation in an official report.

Report the Abuse to Nursing Home Management

Notify the nursing home administrator or management about your concerns. Facilities are required to investigate reports of abuse and take corrective action. Document your report, including dates, times, and names of the individuals involved. However, keep in mind that management may try to minimize the issue, so additional steps are often necessary.

File a Complaint with Your Local Ombudsman

Every state, including Texas, has a Long-Term Care Ombudsman Program. Ombudsmen are advocates who work to resolve complaints about nursing homes and assisted living facilities. 

They investigate reports of abuse, neglect, or violations of residents’ rights and help families navigate the complaint process. You can file a complaint confidentially, and the ombudsman will work to ensure your concerns are addressed.

Contact a Nursing Home Abuse Lawyer

After ensuring your loved one’s immediate safety, consult an experienced Austin nursing home abuse attorney. They can:

• Help you understand your legal options
• Assist in gathering evidence to support your case
• File a nursing home abuse lawsuit against the responsible parties
• Work to secure financial compensation for medical costs, emotional suffering, and other damages

Damages You Can Recover Through a Nursing Home Abuse Claim

If your loved one has suffered abuse or neglect in a nursing home center, you may be entitled to compensatory damages through a nursing home abuse lawsuit.

Economic Damages

Economic damages cover measurable financial losses resulting from the abuse or neglect. Examples include:

• Medical bills
• Relocation costs
• Lost property or funds

Non-Economic Damages

Non-economic damages address the intangible harm caused by abuse, such as:

• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

Punitive Damages

Punitive damages are awarded in cases of abuse involving intentional or reckless behavior. These damages are meant to punish the wrongdoers and deter similar conduct.

Wrongful Death Damages

If abuse or neglect leads to the untimely death of a resident, the family may file a wrongful death claim. Compensation in these cases can include:

• Funeral and burial expenses
• Loss of companionship
• Lost inheritance

The Cost of Hiring an Austin Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of pursuing justice for a loved one can be a concern. That’s why our nursing home abuse attorney team works on a contingency fee basis. 

This arrangement means you pay no upfront costs or legal fees to hire us. We only receive payment if we successfully secure compensation for you through a settlement or verdict.

You Have Limited Time to Take Legal Action in Austin

If your loved one has experienced nursing home abuse or neglect in Austin, it’s essential to act quickly. Like all states, Texas has a statute of limitations that limits the time you have to file a nursing home abuse lawsuit. 

In most cases, you must file within two years from the date the abuse or neglect occurred or was discovered. Failing to file within this time frame can prevent you from pursuing compensation, even if you have a strong case.

Contact an Austin Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we have extensive experience advocating for victims of nursing home abuse and neglect in Austin. 

Our skilled personal injury attorneys understand the challenges families face and are dedicated to holding negligent nursing homes and staff members accountable. We have a proven track record of achieving meaningful results for our injured clients, including substantial settlements and verdicts.

If your loved one has suffered abuse, neglect, or exploitation in a nursing home facility, don’t wait to take action. Call us at (800) 926-7565 or fill out our contact form for a free consultation to discuss your case.

References: [1] Medicare