Fort Worth Nursing Home Abuse Lawyer

Nursing home abuse is a grave issue that affects some of the most vulnerable members of our society—elderly residents who rely on nursing home facilities for care and safety. This mistreatment can lead to devastating consequences for nursing home patients and immense anguish for their family members.

For victims to reclaim their dignity and for families to seek justice, it is critical to hold those responsible accountable. Working with a knowledgeable Fort Worth nursing home abuse lawyer is essential in such cases.

An experienced attorney can guide families through the process of seeking compensation, help establish liability, and pursue a nursing home abuse case. With the proper legal assistance, victims and their families can fight for the compensation they deserve while ensuring nursing facilities uphold their legal duty to provide adequate medical attention.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse secure justice and obtain the compensation they deserve. Our law firm has extensive experience handling personal injury cases with care and achieving substantial results, including favorable settlements and verdicts.

Our Texas nursing home abuse attorneys take a thorough approach to each case, investigating every detail to address damages such as medical costs, emotional suffering, and other losses. With our in-depth understanding of nursing home abuse claims, we work diligently to protect your rights.

Throughout the entire process, we provide clear communication and compassionate support, ensuring you and your loved ones feel informed, supported, and confident at every stage of your case.

Types of Cases Handled by Our Fort Worth Nursing Home Abuse Lawyers

Nursing home abuse refers to any act or failure to act by caregivers, staff members, or facilities that cause harm to elderly patients. This mistreatment can take many forms, each resulting in significant physical, emotional, and financial damage.

At Nursing Home Law Center, our experienced nursing home lawyers handle a variety of cases to help families seek compensation and ensure their loved ones receive the care they deserve.

Physical Abuse

Physical abuse involves intentional acts that cause harm to a nursing home patient. This assault includes hitting, slapping, or excessive use of restraints. For example, a staff member restraining a resident improperly or forcefully moving them during transfers can result in physical injuries such as bruises, fractures, or even lasting mobility issues.

Mental and Emotional Abuse

Mental and emotional abuse involves verbal attacks, threats, or behaviors designed to intimidate or humiliate an elderly resident. For instance, a caregiver belittling or isolating a resident can lead to emotional distress, anxiety, or depression.

Sexual Abuse

Sexual abuse occurs when a resident is subjected to unwanted sexual contact or coercion. This violation may involve inappropriate touching, harassment, or assault, often targeting vulnerable residents who cannot consent due to physical or cognitive impairments.

Medical Malpractice

Medical malpractice occurs when a nursing home facility fails to provide appropriate medical care, leading to harm. Examples include untreated bedsores, medication errors, or failure to address chronic conditions.

Negligence

Negligence happens when nursing home staff fail to meet a resident’s basic needs. Nursing home neglect includes poor hygiene, malnutrition, dehydration, or residents wandering unsupervised (elopement).

Financial Abuse

Financial abuse involves the exploitation of a resident’s financial resources. This misconduct may include theft, unauthorized use of funds, or coercing the resident to make financial changes.

Wrongful Death

Wrongful death occurs when nursing home abuse or neglect results in the death of a resident. Examples include fatalities caused by malnutrition, dehydration, untreated medical conditions, or preventable accidents like falls.

Understanding Your Legal Rights

Nursing home residents are protected under federal and state laws, which establish their right to live in a safe environment free from abuse, neglect, and exploitation.

Federal Protections: The Nursing Home Reform Act of 1987

The Nursing Home Reform Act of 1987, a fundamental federal law, sets standards for nursing homes that receive Medicare or Medicaid services. It ensures residents have the right to:

• Be free from physical abuse, sexual abuse, and emotional abuse
• Receive adequate medical care, nutrition, and personal hygiene
• Participate in decisions about their care and treatment plans
• Live in a clean, safe, and dignified environment

Facilities that fail to meet these standards can face penalties, and victims can pursue nursing home abuse lawsuits to hold them accountable.

State Protections in Texas

Texas law, enforced by the Department of Aging and Disability Services (DADS) and other state agencies, provides additional protections for residents of nursing facilities and assisted living facilities. Key requirements include:

• Conducting thorough background checks to ensure nursing home staff are qualified and free of past abusive behavior
• Reporting any suspected elder abuse or neglect to the appropriate state agencies
• Ensuring adequate staffing levels to meet the needs of senior residents

Failing to comply with these regulations may lead to civil liability for the facility and its staff.

Eligibility to File a Nursing Home Abuse Claim 

When these rights are violated, several parties have the legal ability to pursue justice and seek compensation for the harm caused.

• The victim: If the resident is capable of making decisions, they can file a claim to hold the facility or caregivers accountable.
• A family member or legal guardian: When the resident has decreasing mental acuity or is otherwise unable to act, a close family member or guardian can file on their behalf.
• The estate: In cases of a resident’s death due to abuse or neglect, the victim’s estate or surviving family members can pursue a wrongful death lawsuit.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse cases, multiple parties may be held responsible for harm caused to elderly residents. Liability depends on the roles and actions of those involved in the resident’s care and the facility’s failure to meet its legal duty to provide a safe environment.

• Nursing facilities: The nursing facility itself may be liable for hiring unqualified staff members, failing to provide proper training, or maintaining unsafe conditions that lead to harm.
• Nursing home workers: Caregivers or aides can face liability for acts of physical abuse, sexual assault, or caregiver neglect, such as ignoring a resident’s medical needs or allowing poor personal hygiene.
• Administrators: Leadership may be held accountable for inadequate staffing, ignoring signs of abuse, or failing to report violations.
• Third-party contractors: External medical providers or service companies may share liability for medication errors, improper medical care, or unsafe premises.

How Our Fort Worth Nursing Home Abuse Lawyers Can Help

At Nursing Home Law Center, our skilled nursing home lawyers are dedicated to helping families hold negligent nursing homes and caregivers accountable for the harm they cause. 

Whether your loved one has suffered from neglect, physical abuse, or other forms of mistreatment, we are here to provide knowledgeable guidance and experienced legal representation.

Free Case Evaluation

We start by offering a free legal consultation to review the details of your case. During this meeting, a Fort Worth nursing home abuse lawyer will assess the circumstances surrounding the abuse, explain your legal options, and guide you on the best course of action.

Case Investigation

Our legal team conducts a thorough investigation to uncover evidence of elderly abuse. This evaluation includes reviewing medical records, interviewing witnesses, and examining the facility’s history of compliance with safety and care standards.

Filing the Claim

Once we’ve gathered the necessary evidence, we handle the legal process of filing a nursing home abuse case or lawsuit. We prepare all required documents, meet deadlines, and ensure your case is presented effectively.

Settlement Negotiation

Many nursing home abuse lawsuits are resolved through settlements. Our attorneys negotiate aggressively with insurance companies and the legal teams of the nursing facility to ensure fair compensation for your family’s losses.

Trial Representation

Our experienced trial attorneys are prepared to take your nursing home abuse case to court if a fair settlement cannot be reached. We will build a compelling case to demonstrate the harm caused to your loved one and fight for justice before a judge or jury.

Common Signs of Elder Abuse Among Nursing Home Residents 

Fort Worth has 88 Medicare-approved nursing homes, but many fall short of acceptable standards. Approximately 56% (49 facilities) received an overall score that is below or much below average, raising concerns about the quality of care provided.

For health inspections, 52 nursing homes (59%) scored below average, indicating potential safety and compliance issues. Staffing is a significant concern, with 70 nursing homes (80%) rated below average, often leading to caregiver neglect and inadequate care for nursing home residents.

However, quality measures, which assess resident outcomes, showed better performance, with only 16% (14 facilities) rated below average. [1]

The worst-rated nursing homes in Fort Worth include:

Recognizing elder abuse in nursing homes is crucial to protecting vulnerable residents and ensuring their safety. Here are common signs of abuse and what they might indicate:

• Bruises, cuts, or burns may result from rough handling, hitting, or mishandling by caregivers;
• Pressure sores or decubitus ulcers may indicate prolonged immobility without proper repositioning or care;
• Withdrawal or isolation may indicate psychological mistreatment;
• Sudden anxiety or depression may result from verbal abuse, threats, or humiliation;
• Poor hygiene, dirty clothing, unwashed hair, or a strong odor may indicate neglect;
• Sudden weight loss or dry, cracked skin may suggest inadequate food or water;
• Bruising or injuries near sensitive areas may indicate unwanted sexual contact;
• Torn or stained clothing may be evidence of inappropriate behavior;
• Missing personal items may indicate theft by caregivers or other residents;
• Unusual financial transactions may reflect financial exploitation;
• Worsening health conditions may indicate a failure to provide adequate medical attention.

If you observe these signs in a nursing home resident, act quickly to protect your loved one. Report concerns to the appropriate authorities and consult an experienced personal injury lawyer to seek accountability and justice.

Contact a Fort Worth Nursing Home Abuse Lawyer Today!

At Nursing Home Law Center, we are dedicated to protecting the rights of injury victims and holding negligent nursing facilities accountable. Our experienced Fort Worth nursing home abuse lawyers have a proven track record of successfully handling nursing home abuse cases, helping families secure fair compensation for the harm their loved ones have endured.

If your family member has suffered from elder abuse in a Fort Worth nursing facility, our law firm is here to help. Contact us today for a free consultation to discuss your case and understand your legal options.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare