Texas Elder/Nursing Home Abuse Lawyer
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In the state of Texas, there are nearly 100,000 nursing home residents. In the state of Texas and across America, nursing home abuse is still on the rise. The National Center on Elder Abuse reports that more than 50% of America's 18,000+ nursing homes are understaffed, leading to stress and frustration among staff members who are already involved in delicate and stressful situations as caregivers . This, coupled with numerous other factors, can lead to elder/nursing home abuse, which occurs in roughly 30% of all nursing homes across America. In the span of 24 months alone, early in the new millennium, there were more than 9,000 instances of abuse reported across America. In April 2006, a Texas jury awarded $160 million in a nursing home case involving a violent roommate.
Elder abuse is a term used to describe mistreatment and neglect of older adults. According to the World Health Organization, elder abuse is a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.
Elder/nursing home abuse presents itself in many different forms, and can range from physical, sexual, and psychological abuse to malnutrition, financial exploitation, and pure neglect. If you have made the difficult decision to place a family member in a nursing home, you and your family member shouldn't have to suffer through any type of neglect or abuse at the hands of a caregiver or even other residents.
There are some signs and symptoms that may help you detect elderly abuse or neglect. Signs of abuse are frequently visible, and you will be able to notice them right away. Broken bones, cuts, bruises, scars and bed sores are strong signs that abuse is taking place. The signs of neglect may be a bit harder to notice because the injuries aren't as easily seen. Neglect includes providing insufficient food and water, the restriction of bathing or other hygiene procedures, failure to change the resident's undergarments in a timely fashion, and failure to provide the proper assistance to residents who are not self-sufficient.
A loved one may be hesitant or unwilling to speak about any abuses they may be suffering, because of embarrassment or fear of retaliation; therefore, you should be sure to monitor your loved one, and their surroundings, for any change that may signal the presence of abuse, neglect or mistreatment.
Elder abuse can also occurs outside of the nursing home setting. For instance, a relative, friend, associate, paid caretaker or paid companion can be the perpetrator of abuse. If an elderly person is not self-sufficient enough to take care of themselves for long periods of time, or not self-sufficient enough to be left alone, and the caretaker neglects to remain on site and thereby endangers the elderly person's well-being, that could be construed as abuse.
An act of negligence, abuse or neglect of an elderly person may result in one/all of the following courses of actions:
an investigation by an adult protective services agency
a civil suit for damages
criminal prosecution
If you suspect that you or someone you love has been abused or mistreated in a nursing home, you should contact a Texas elder/nursing home abuse lawyer or attorney immediately.
If you or someone you love has suffered any type of abuse at the hands of another resident, you should also contact a civil lawyer or attorney if you are seeking damages outside of the facility.
A Texas elder/nursing home abuse lawyer or attorney will offer a free nursing home abuse consultation where they will evaluate your case, explain your legal rights, and assess any damages they feel you are entitled to as a result of any abuse or neglect caused by a Texas nursing home. A Texas elder/nursing home abuse lawyer or attorney will also be well-versed in Texas nursing home abuse laws, so they will be well-equipped to argue your case.
If you are ready to contact a Texas elder/nursing home abuse lawyer or attorney, visit the website of the American Bar Association (ABA) and use the lawyer locator. Access to the site and the lawyer locator is free.
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