Placing a family member in a nursing home in Texas is a difficult decision. Abuse is a significant concern in the state, where statistics have shown that thousands of vulnerable residents who depend on long-term care facilities for their safety and well-being are being harmed. Despite state regulations, cases of physical, emotional, and financial abuse, as well as neglect, continue to affect residents, underscoring the need for dedicated legal counsel.
The Dallas Nursing Home Abuse Lawyers at Crowe Arnold & Majors, LLP can hold those responsible for your loved one’s harm accountable and help them recover compensation for their losses and damages. Nursing home abuse and neglect are heartbreaking realities that are challenging for families to witness. If you suspect a family member is suffering, acting quickly and decisively is crucial. Call today for a free consultation.
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Nursing Home Abuse 101
Nursing home abuse is defined by the Texas Health and Human Services Commission (HHSC) as “The negligent or willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or emotional harm or pain to a resident; or sexual abuse, including involuntary or non-consensual sexual conduct that would constitute an offense under Penal Code §21.08 (indecent exposure) or Penal Code Chapter 22 (assaultive offenses), sexual harassment, sexual coercion, or sexual assault.”
Under that formal definition, the types of nursing home abuse include the following:
- Physical: About one out of four cases of nursing home abuse involve physical abuse. While some residents may be slapped or struck, others may sustain broken bones from being beaten. Besides bruising, sores, and other unexplained injuries, suspect physical abuse if the resident appears afraid of specific staff or becomes socially withdrawn.
- Emotional: Emotional abuse is by far the most common and involves behavior by staff, residents, or visitors that causes psychological harm, distress, or fear to a resident. This can include verbal insults, threats, intimidation, humiliation, isolation, or manipulation. Such abuse undermines the resident’s dignity and mental health, particularly affecting those who are already vulnerable due to age or cognitive impairments.
- Neglect: Many nursing homes are seriously understaffed, which can lead to neglect. This consists of poor hygiene and nutrition, dehydration, failure to provide medical treatment, or not changing residents’ clothing or linens. The presence of bedsores (pressure ulcers) in residents often indicates that staff didn’t change their position frequently enough to prevent them from forming.
- Financial: No matter what form it takes, financial nursing home abuse is theft. Whether it is the unauthorized use of a resident’s credit card or ATM card, adding names to a bank or brokerage account or other financial instruments, taking jewelry, cash, or other valuables, or having the resident write a new will making the financial abuser the beneficiary, this type of abuse is prevalent.
- Sexual: Sexual abuse in a nursing home refers to any non-consensual sexual contact or activity involving a resident, often perpetrated by staff members, other residents, or visitors. This abuse can include unwanted touching, coerced acts, or sexual harassment and is particularly egregious due to the vulnerability of many nursing home residents, who may be unable to give consent, communicate effectively, or protect themselves due to physical or cognitive impairments.
Remember that nursing home staff are not the only potential offenders. Some abuse involves residents preying on other residents. However, the facility is charged with protecting residents from abuse, no matter the identity of the perpetrator.
Texas Nursing Home Abuse Statistics
The statistics in Texas elder abuse in nursing homes are grim. In 2019, Families for Better Care, a national nursing home advocacy organization based in Austin, ranked Texas as dead last for the third year regarding nursing home quality. This ranking was before the COVID-19 pandemic, which “ravaged” Texas nursing homes, according to The Texas Tribune. One out of five deaths in nursing homes was attributed to COVID during that period.
The state ranks 45th in nursing home quality. Only 23.2 percent of Texas nursing home-certified beds are rated acceptable by the CMS 5-star Quality Rating System, meaning that more than 75 percent of patient beds are rated at 3 stars or below. AARP reports that only 7.4 percent of Texas nursing home residents are in a 5-star facility, the highest care standard.
National Nursing Home Abuse Statistics
Nationally, as many as 5 million residents may suffer from nursing home abuse, as per the National Council on Aging. One in six people aged 60 and over experienced abuse in a community setting over the past year, according to the World Health Organization (WHO). Two-thirds of nursing home staff have admitted to committing some form of abuse within that timeframe. Because the U.S. population is aging, nursing home abuse may increase in the coming years.
Unfortunately, reported nursing abuse statistics are just the tip of the iceberg. According to the National Center on Elder Abuse, for every incident of abuse reported to authorities, about 24 additional cases are not reported. One of the primary reasons is that the victim or their family members are concerned that notifying authorities could result in retaliation.
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Statistics on Types of Nursing Home Abuse
Specific cohorts are at greater risk of suffering from nursing home abuse than others and include the following:
- Gender: Women are victimized by nursing home abuse far more than men. Approximately 2/3 of nursing home abuse victims are women.
- Poor health: People in poor physical or mental condition are more vulnerable to nursing home abuse. Perpetrators may focus on residents with dementia, as they are less likely to understand or report that they have been victimized.
- Lower socioeconomic status: Residents qualifying for Medicaid are more likely to be abused than more well-to-do residents. However, even residents in upscale nursing homes or assisted living facilities may find themselves victims of nursing home abuse or neglect.
Effectively Report Nursing Home Abuse in Texas
Under Texas law, anyone suspecting elder abuse in a nursing home or long-term care facility must report it. This is not limited to healthcare providers; it applies to anyone who suspects it. If you believe a loved one is in danger, report it to the Texas Department of Aging and Disability Services (DADS). This agency is responsible for investigating nursing home abuse allegations.
If a resident is in immediate danger, notify the police by calling 911. If they are in a nursing home or an assisted living facility, report abuse to the Texas Department of State Health Services. However, if the resident’s facility receives Medicaid funding, report abuse to the Attorney General’s Medicaid Fraud Unit.
Protecting Your Future – Talk to an Attorney Today
If you believe a family member is a victim of nursing home abuse, you need the services of the experienced Dallas Nursing Home Abuse Attorneys at Crowe Arnold & Majors, LLP. Schedule a free, no-obligation consultation today.
We have recovered hundreds of millions of dollars in verdicts and settlements for our clients, including a $3 million jury verdict after allegations of nursing home abuse and neglect. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your family member’s injuries.
