What are Nursing home neglect and abuse?

There are plenty of retirement and nursing homes coming up in and around Texas. And because of this, it is not uncommon to hear instances of nursing home abuse, abandonment, neglect, and general mistreatment. Have you ever wondered, last time you visited your loved one in a nursing home, they seemed upset?. They are put in these facilities to receive quality care; however, cases are getting reported of neglect, abuse. 

These do constitute serious offenses, and if those in charge of taking care are found to be responsible and guilty, charges can be pressed against them. Therefore it is your responsibility, as their family member or guardian, to ensure that your loved one receives the best level of care. To know more about injury attorney Dallas click here.       

Abuse of any form is not acceptable, especially when it happens at the hands of those responsible for providing care. Usually, the kind of physical abuse that can occur could be hitting, kicking, or punching; however, others can be quite traumatic if it goes unreported.  

• Financial abuse

• Sexual abuse

• Psychological abuse

• Emotional abuse

• Neglect      

 Signs which indicate that your loved one is facing neglect and abuse

• If your loved one makes frequent complaints of not receiving proper care(first and the most apparent sign that has to be taken seriously)

• Unexplained mood changes

• When you notice unexplained body bumps and bruises 

• Reports of incontinence( lack of voluntary control over urination or defecation) were not a concern earlier. Incontinence may be caused by stress

• Dehydration

• passive, withdrawn behavior

• Confusion, disorientation,  hesitation to talk properly

• Bedsores or other lesions

Whenever you visit them, take note of their hygiene and also the condition of their room. If any kind of complaint is coming from them, take it seriously. Maybe there could be instances when they were allowed to leave premises without any supervision.

  Although one particular form of abuse referred to as ‘ contractures can also happen, which is even more damaging because of nursing home neglect.  

‘Contractures’ occur when the ordinarily elastic and skeletal muscle tissues attached to the bones become rigid because of immobility. Are you looking for more information on nursing home abuse attorneys? Click here.

While a little-known fact, you should be aware that the state specifically grants you the right to get hidden cameras installed in a nursing home. When caregivers know they are being recorded, this will prevent any kind of neglect and abuse.  

While under Texas law, the nursing home resident and his/her family members can have civil injury claims, which depends on certain circumstances          

• Negligence in care or treatment

• Negligent supervision or hiring or retention by the nursing home

• Premises liability

• Product liability  

• Medical malpractice 

• Wrongful death  

Anyone responsible for providing care in a nursing home can be held partially liable if any kind of abuse or neglect is reported. It includes all parties, nursing staff, cleaning staff, supervisors, even the nursing home facility itself.  

Failure on their part to prevent, take notice, even stop the abuse could mean that they are liable for abusing your family member. Any person or party responsible for the misuse, neglect will be named as defendants in your claim.   

While the nursing home resident, along with his/her family members  being claimants, have legal  duty to provide justifiable evidence that there was

·       A legal duty owed to the resident;

·       This standard of care as described by the law as to what the nursing home along with its employees( or physician)  are supposed to meet 

·       One or more individuals violated this duty of care. Because of this violation of responsibility, a resident was harmed.   

Settlements are the way by which nursing home lawsuits are dealt with.  These settlement amounts vary based on several factors.  It is a legal settlement between the party filing a nursing home abuse lawsuit (plaintiff) and the party being sued(defendants). In this settlement, the plaintiff receives a certain amount to cover the resident’s medical expenses and emotional suffering.  The nursing home abuse attorneys specialize in such cases and give you an opportunity for a positive outcome for the abuse litigation.

Advantages of opting for Nursing home settlement

• Accessing compensatory damages to cover   arising from abuse  

• Avoiding added time and uncertainty of trial   

• Receiving additional compensation because of pain and suffering (punitive damages) 

• Saving a significant amount in legal fees  

Summary:   

  Nursing home abuse and neglect are severe offenses. If people who have been entrusted with the responsibility to provide them with quality care are found guilty and responsible, it calls for justice to be served.  Because you being their family member and their guardian, want them to be well looked after.  Get an injury attorney Dallas if you are in the state of Texas.