Houston Nursing Home Abuse Lawyer

Families place their trust in Houston nursing homes and assisted living facilities, believing their loved ones will receive the care, dignity, and respect they deserve in their later years. Unfortunately, that trust is sometimes broken, and nursing home patients become victims of nursing home abuse or neglect.

A knowledgeable Houston nursing home abuse lawyer can help victims or their family members hold negligent nursing facilities accountable and seek compensation. By working closely with an experienced abuse lawyer, families can ensure that their loved one’s rights are protected and they receive the compensation they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to seeking compensation for those affected by nursing home abuse. Our experienced team of attorneys has a strong record of successfully handling these cases with care and securing substantial settlements.

A nursing home negligence attorney will conduct a comprehensive investigation to ensure every aspect of the abuse is thoroughly addressed. With our extensive knowledge of nursing home abuse claims, we effectively manage the legal process and relentlessly advocate for your rights.

Throughout the journey, a nursing home abuse lawyer will provide compassionate and transparent guidance, ensuring you and your family are well-informed, protected, and confident at every stage.

Types of Cases Handled by Our Houston Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm, neglect, or exploitation inflicted upon nursing home patients in Houston, TX. This abuse can take many forms, each of which severely impacts the health, dignity, and well-being of vulnerable individuals.

A Houston nursing home abuse lawyer from the Nursing Home Law Center can help you with a wide variety of cases, including:

Physical Abuse

This type of abuse is a serious problem that involves the use of force that results in bodily harm or personal injury to an elderly person living in a nursing home. This may include hitting, broken bones from pushing and falling, slapping, or inappropriate use of physical restraints.

Mental and Emotional Abuse

Mental and emotional elderly abuse can be just as harmful to a loved one as physical abuse, leaving deep psychological scars on elderly individuals. Psychological abuse may involve verbal assaults, threats, intimidation, or isolation from a staff member.

Sexual Abuse

Sexual abuse is a grave violation of trust involving any non-consensual sexual contact with a resident. Elderly individuals, especially those with cognitive impairments, are often unable to defend themselves against personal injury or report abuse. 

Examples of sexual abuse in a nursing home facility include inappropriate touching, sexual assault, or harassment by a staff member or other residents. If elderly men have non-consensual sex with another resident, it is still sexual abuse.

Medical Malpractice

Medical malpractice occurs when staff fail to provide appropriate medical care, resulting in harm. This includes conditions like bed sores (pressure ulcers) due to prolonged neglect, medication errors, or failure to diagnose and treat infections.

Negligence

Nursing home neglect involves failing to meet a resident’s basic needs, such as providing adequate hygiene, nutrition, and hydration. Examples of negligence include residents being left in unsanitary conditions, malnutrition, dehydration, and elopement, where residents wander away from the facility unnoticed.

Financial Abuse

Financial abuse occurs when someone exploits an elderly person’s finances, often by manipulating or stealing. This could involve unauthorized withdrawals from a resident’s account, misuse of credit cards, or coercion into changing legal documents like wills or powers of attorney.

Wrongful Death

In the most tragic cases, nursing home abuse leads to death. This may occur when a resident dies as a result of physical abuse, untreated medical conditions, malnutrition, or other forms of neglect. An experienced nursing home abuse lawyer can help you create a solid case to fight for your loved one, even if they are no longer with us.

Understanding Your Legal Rights in Houston, TX 

Various federal and state laws protect nursing home residents, ensuring their safety, dignity, and quality of care. These laws grant residents essential rights and provide a legal framework for holding nursing homes accountable when neglect occurs.

One of the most important federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987. This law sets standards of care for nursing homes participating in Medicare and Medicaid programs, ensuring residents have the right to receive adequate medical care, live in a safe environment, and be free from abuse.

The Act mandates nursing homes provide services that maintain or improve residents’ physical and mental health, protecting their quality of life.

In addition to federal laws, Texas laws protect nursing home residents. Under state laws, nursing homes must meet specific care standards, including providing necessary medical care, maintaining a safe and clean environment, and ensuring residents are free from abuse and neglect.

The Texas Department of Health and Human Services oversees the regulation and investigation of nursing homes in the state and enforces compliance with these standards.

Eligibility to Take Legal Action 

When a resident has suffered abuse, they have legal options to pursue a claim.

In many cases, a family member—such as a spouse, child, or legal guardian—can file a claim on behalf of the loved one who suffered abuse.

Additionally, if the abuse results in the death of a nursing home resident, a surviving family member has the right to file a wrongful death lawsuit for their loved one. A Texas nursing home abuse lawyer from our team can help you determine if you have a legitimate claim.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse and neglect cases, determining liability for personal injury is a critical part of pursuing justice, as various individuals and entities may have played a role in the abuse or neglect.

Here are some common parties that may be liable in nursing home abuse cases:

• Nursing staff
• Nursing home management
• Third-party contractors
• Facility owners
• Equipment manufacturers

How Our Houston Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced team of Houston nursing home abuse attorneys has a proven track record of successfully representing victims of abuse and neglect.

We understand the pain and frustration families endure when they discover their elderly loved one has suffered harm in a nursing facility.

Our attorneys are dedicated to holding negligent parties accountable and ensuring you get the compensation you deserve.

Free Consultation

We offer a free case evaluation to review your situation, discuss your concerns, and help you understand your legal options. During this consultation, our attorneys will listen carefully to the details of your case and advise you on the best course of action. You can trust we will provide honest and clear guidance about your legal rights and the steps you can take.

Case Investigation

Our legal team will conduct a thorough case investigation to gather evidence supporting your claim. This includes reviewing medical records, interviewing witnesses, and examining the nursing home’s history of care or complaints. 

We investigate all potential sources of abuse to build a strong case on your behalf, ensuring every aspect of the abuse, whether physical, emotional, or financial, is properly addressed.

Filing the Claim

Once we have gathered the necessary evidence, we will file your claim against the responsible parties. This includes preparing and submitting all legal documents required to initiate the lawsuit. Our Houston nursing home lawyers will ensure all deadlines are met, and the claim is filed properly to avoid delays.

Settlement Negotiation

Our nursing home negligence lawyer team often negotiates settlements with the nursing home or its insurance company to seek a fair resolution without a trial. 

We are skilled negotiators who will fight to obtain the compensation your family deserves for medical expenses, emotional distress, and other damages. We work to reach a settlement that fully reflects the harm your loved one has suffered.

Trial Representation

A nursing home negligence attorney from our team will be fully prepared to take your case to court if a fair settlement cannot be reached. 

We have extensive experience litigating nursing home abuse cases and will aggressively advocate for your loved one’s rights in front of a judge and jury. Our trial lawyers will present a compelling case to ensure responsible parties are held accountable.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Houston, there are a total of 106 Medicare-approved nursing home facilities. Of these, 55 (51.9%) received an overall score of “below average” or “much below average.”  

When focusing on health inspections, 48 nursing homes (45.3%) received low scores. Seventy-nine facilities (74.5%) have inadequate staffing levels, and 18 nursing homes (17%) rated poorly in quality measures. [1]

Abuse can manifest in various ways. It’s often challenging for elderly residents to speak out due to fear, intimidation, or cognitive impairments. As a result, family members must be vigilant in identifying potential signs of abuse or neglect.

Below are some common signs of elder abuse to watch for among residents:

• Frequent or unexplained injuries, especially in various stages of healing
• Poor personal hygiene
• Sudden or significant weight loss
• Dry skin or lips
• Depression or withdrawal
• Unusual levels of agitation or aggression
• Fearfulness around staff members
• Bed sores or pressure ulcers
• Untreated infections or illnesses
• Sudden financial changes

Some of the worst-rated nursing homes in Houston, TX include:

What to Do If You Suspect Nursing Home Abuse

If you suspect your loved one is a victim of nursing home abuse, it is essential to take action right away to ensure their safety and hold the responsible parties accountable. Here are the critical steps you should follow:

• Call 911: Emergency services can provide medical attention and ensure your family member’s safety. Authorities will also document the incident right away, which can be vital evidence in a future nursing home abuse lawsuit.
• Report the Abuse: Notify the nursing home administrator or management of your concerns immediately. Document your complaint in writing and request a copy for your records. If you suspect the abuse involves the administration or management, you may need to skip this step and proceed to external reporting.
• File a Complaint with Your Local Ombudsman’s Office: They have the authority to investigate complaints and ensure that nursing homes comply with regulations. The Ombudsman’s office can provide valuable assistance in handling cases of neglect and ensuring your loved one’s safety.
• Contact a Nursing Home Abuse Lawyer: A nursing home neglect lawyer can help you understand your legal options, guide you through the process of filing a claim, and work to hold the nursing home and its staff accountable for abuse or neglect.

Contact a Houston Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced legal team is dedicated to fighting for the rights of nursing home residents and their families. We are committed to holding negligent facilities accountable and ensuring victims receive the compensation they deserve.

If you suspect that your elderly loved one has suffered in a Houston nursing home facility, don’t wait. Call us at (800) 926-7565, or fill out our contact form to book a free case review. 

References: [1] Medicare