It can be difficult to sue a nursing home, but an experienced law firm can shoulder that responsibility. Filing a lawsuit and building a successful case requires in-depth knowledge of nursing home abuse and Texas personal injury laws. Should you find your elderly loved one under less-than-expected care in a nursing home in the Dallas metro area, it is imperative that you seek legal counsel.
At Crowe Arnold & Majors, we have handled many cases of nursing home abuse and neglect in Dallas, so your loved one will benefit from our experience. We will work to get your loved one better care as soon as possible and fight for their rights. Schedule a free consultation today.
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Steps for Filing a Nursing Home Lawsuit in Texas
An experienced attorney can review the details of your case and help you decide how to proceed. However, generally, this is what to expect when filing a nursing home lawsuit:
- Determining Damages: Your attorney will evaluate the extent of your damages and losses, which could include medical expenses, pain and suffering, mental anguish, and, in extreme cases, punitive damages
- Investigate and Gather Evidence: Your attorney will need evidence to support your claims. They will collect and review medical records, bills, witness statements, photographic and video evidence, insurance claim documents, and copies of written communications.
- File Complaint: Once your attorney has built a strong case, they will file a formal complaint with the court against the nursing home.
- Discovery Phase: During this phase, both parties exchange information and gather evidence to prepare for trial, such as medical records, witness statements, and any other documents that might be relevant to your case.
- Negotiation or Mediation: In most cases, the parties may reach an agreement outside of court through settlement negotiations or mediation.
- Trial: If the nursing home refuses a reasonable settlement, the case may go to trial. When this happens, both sides present their arguments and evidence.
What Are the Common Reasons for Suing a Nursing Home?
The most common reasons for suing a nursing home include the following:
- Slip and Fall: These accidents occur due to the negligence of the staff. For example, poor lighting, wet floors, or clutter in rooms or hallways. An experienced personal injury attorney can establish liability by investigating the facts and circumstances surrounding the accident and filing a lawsuit against a nursing home for fall injuries.
- Medication Errors: These errors Include administering the wrong dosage, not giving them on time, and providing medications that are contraindicated.
- Improper Wound Care: Nursing homes in North Texas have a legal duty to ensure that residents’ wounds are cared for so they do not get infected, leading to more serious complications like sepsis.
- Improper Use of Restraints: When belts, straps, or sedative medications are used to punish residents or to make their jobs easier, then a lawsuit may be warranted if injuries result.
- Self Neglect: Indicators of elder self-neglect include soiled clothing, matted hair, body odors, poor personal hygiene, and withdrawn behavior. Self-neglect is considered a type of nursing home abuse in many states, as it is often triggered by mistreatment and caregiver neglect.
If you believe your loved one is in immediate danger, call the authorities and notify the police immediately. Ensure you file a complaint with them. Each state has protective services for adults. If you are unsure who to contact in your state, call the National Center on Elder Abuse at 1-800-677-1116.
Schedule a Free Consultation with Crowe Arnold & Majors
If you recognize the signs of abuse or neglect, speak to our team, who can begin a comprehensive investigation. We can offer guidance on your legal options, help you gather additional evidence, and advocate on your behalf. We are prepared to assist you in helping your family member recover from the abuse and securing the damages award you deserve. Call today for a free, no-obligation consultation.
