Frequently Asked Questions: Nursing Home Abuse

The State of Texas specifically allows citizens to look after their loved ones in nursing homes by installing covert video recording devices. Texas is one of the few states recognizing the legal right to monitor a relative’s care in a nursing home facility…
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If you suspect a loved one is the victim of nursing home abuse, you will need to establish several elements. These would include– the nursing home had a contractual duty to care for the victim, that the facility breached that duty either through negligence or a wrongful and harmful intentional act, and that the victim suffered physically or emotionally….
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Under Texas Law, nursing home residents have the right to be free from physical restraints unless they are necessary to treat medical symptoms. In this case, physical restraints may be used only with a physician’s authorization…
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There are firm deadlines that apply to the filing of any lawsuit, and elder abuse claims are no exception. If you fail to move forward in Texas in a timely manner, you could miss out on your chance to recover compensation…
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If your Texas elder abuse claim necessitates a lawsuit, the litigation process could be time-consuming. In some cases, it might take up to two years for the trial day to arrive…
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Suppose you reach a settlement or are awarded with a jury verdict in your favor for a nursing home abuse lawsuit. In that case, Medicare may be entitled to a portion of your financial compensation…
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Nursing home neglect and abuse are against the law in Texas. In addition to the criminal charges that can come with neglect, it could also be possible for abuse victims to pursue a civil lawsuit…
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The vast majority of nursing homes ask for patients and their families to sign pre-dispute arbitration agreements prior to admission. For years, it was standard practice for long term care facilities to include arbitration agreements within the pile of admission documents…
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If you are considering a nursing home lawsuit on behalf of your elderly loved one, it is vital that you and your family know what to expect. While these cases are often successful, the process can be challenging…
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For most people, the decision to place a beloved family member in a nursing home facility is not easy. Unfortunately, many of these facilities face serious issues with abuse and neglect…
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In Texas, the statute of limitations for a nursing home abuse claim expires after two years. The consequences of missing your chance to file are severe. However, there are exceptions that could extend your time to file suit…
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With an aging population, the potential for elder abuse is becoming a worry for an increasing number of families. When nursing home abuse occurs, those who breached a legal duty to the victim may be liable for their injuries and related damages…
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When a nursing home resident is left lying immobile in the same position, they can begin developing bed sores in two to three hours. Within a day, these ulcers can become serious health risks…
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Approximately 10 percent of residents suffer a serious nursing home fall each year. Many of these were preventable had the nursing home adhered to protocol and taken the proper precautions…
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As people age, they tend to become less independent and less able to perform their everyday activities. Also, they typically begin to struggle to avoid falling, and when they do– they often risk serious injury or even death…
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Individuals typically decide to move into a nursing home in the first place– or their family decides for them– because they can no longer live independently. To some degree, they need daily assistance for the essentials, and nothing is more essential than food and hydration…
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Texas nursing homes are required by statute to report incidents of neglect or abuse. More than one state law requires nursing home employees to report any acts of abuse or neglect, whether witnessed or reasonably believed to have occurred…
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To prevent nursing home financial abuse of your family member, you must become their eyes and ears– and closely monitor all financial activity. While it is a shame that this is necessary, the fact is that nursing home financial abuse is common…
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Chronic staff shortages, sub-standard infection control, mismanagement of medications– you fear for your loved one residing in a nursing home when you observe these conditions…
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Nursing home residents are vulnerable– completely reliant on the staff for their needs. Yet, despite this, emotional abuse of residents is common…
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Nursing home residents are vulnerable to all types of abuse, and that includes financial exploitation. If your loved one is still in charge of their finances, look for warning signs that employees are taking advantage of them…
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Nursing home abuse runs the gamut, and so do the warning signs, which include unexplained injuries, unhygienic conditions, sudden behavioral changes, and pressure ulcers or bedsores…
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It is difficult to account for all of the warning signs of nursing home abuse and neglect in Texas since it is so pervasive. Physical harm is one of the most obvious with elder abuse, but it is only one example…
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The unfortunate reality is that abuse is common in many Texas nursing homes. Because of their vulnerability, residents are particularly susceptible to being mistreated…
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It is illegal for a nursing home or its employees to retaliate against a resident for reporting abuse, poor conditions, or filing a lawsuit in Texas. While it is illegal, it can still be a real threat to this vulnerable population…
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Alzheimer’s patients are at a heightened risk of becoming victims of elder abuse. With some nursing home residents afflicted with Alzheimer’s, their disease can make it challenging to communicate to anyone that they are being harmed…
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When you think about abuse or negligence in nursing home settings, there is little attention paid to resident-on-resident assaults, yet this is a disturbingly prevalent problem in many Texas facilities…
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Unhygienic conditions are a dangerous form of nursing home neglect. Due to the risk of infections and disease, these conditions could have life-altering or fatal consequences for your elderly loved one…
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For a variety of reasons, women are more likely than men to become victims of elder abuse in Texas. While it is undoubtedly true that men are also victims of nursing home abuse, it is significantly more prevalent with women…
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If you have lost a close relative due to nursing home abuse, you may be eligible for a wrongful death claim against the nursing home…
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You have the right to file a lawsuit following an injury to a loved one which was caused by a malfunction or improper use of a nursing home bed rail. In theory, these are designed to protect residents from dangerous falls, but sometimes this is not the case, and people are seriously hurt…
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If your loved one suffered injuries in a fall at a nursing home, you could bring legal action if you can establish that the facility or its staff were negligent. These falls often result in severe injuries…
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Understaffing is a significant contributor to increased nursing home abuse. Harried and stressed workers are more likely to become abusive towards residents…
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One of the central duties of a nursing home and its staff is to supervise residents who need extra attention. The failure to do this– is a serious form of neglect that can result in a viable injury claim…
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Nursing home patients are already vulnerable. Many cannot survive without their medication, or their quality of life diminishes significantly. In Texas, medication theft is considered a form of nursing home abuse…
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“Patient dumping” is a type of nursing home abuse that is all too common here in Texas. It occurs when a resident checks into a hospital for treatment— while the nursing home evicts them and rents the room to someone else…
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Most of the causes of nursing home abuse in Texas are similar to those nationwide. Perhaps the most common cause is short staffing and constant turnover among employees…
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Self-neglect in the elderly occurs when they can no longer take care of themselves. The cause is usually a physical or mental disability. Self-neglect is a type of elder abuse, even if self-inflicted…
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It is not uncommon for nursing homes to overmedicate residents to keep them calm. Antipsychotic drugs are often given to residents to stop the agitation that so frequently accompanies dementia or Alzheimer’s disease. Overmedication is a form of nursing home abuse….
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Within an everyday context, eloping brings to mind two people running off to get married. However, within a nursing home context, elopement refers to lax security, which allows residents to escape from the premises and wander away…
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When someone moves into a nursing home, they typically do so because they are no longer fully independent. Therefore, they rely upon the nursing home staff to meet their daily needs, making nursing home abuse inexcusable– because the residents are so vulnerable…
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