For too many vulnerable seniors, their golden years can become a nightmare. More than 3.1 million people over the age of 65 reside in Texas. Some of them live in the state’s approximately 3,200 assisted living facilities and nursing homes. Unfortunately, a significant percentage of them fall victim to abuse and neglect. According to a report by KXAN, Texas does not penalize most senior living facilities with confirmed instances of abuse and neglect.
No Fees Unless We Win!
While the state may not penalize such facilities, a Dallas senior living abuse and neglect lawyer at Crowe Arnold & Majors LLP can hold those responsible for your loved one’s abuse and neglect accountable and fight to recover the maximum compensation they deserve for their injuries.
Senior Living Abuse and Neglect Under Texas Law
The Texas senior living abuse definition refers to abuse as “the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly person or person with a disability by the person’s caretaker, family member, or other individuals who have an ongoing relationship with the person.”
Under Texas law, neglect refers to the failure to provide the goods or services, including medical services, “which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.”
What is Considered Neglect in Senior Living Facilities?
Neglect and abuse in senior living facilities may involve the following:
- Basic care and medical neglect: When a resident does not receive adequate food, water, clothing, proper hygiene, prescribed medication, or attention to other healthcare needs.
- Physical abuse: Inflicting bodily harm, including hitting or restraining someone against their will, is considered physically abusive.
- Emotional abuse: Also known as psychological abuse, this may include caregivers shouting at the resident, using hurtful language, making threats, or not permitting the resident to see family and friends.
- Sexual abuse: Sexual abuse in a nursing home in Texas refers to any non-consensual sexual contact or behavior directed towards a resident. This can include unwanted touching, sexual assault, coerced nudity, inappropriate sexual comments, or exposing residents to explicit materials. Given that nursing home residents often have physical or cognitive impairments, consent may not be possible, making any sexual contact abusive.
- Financial exploitation: This type of abuse ranges from having money or other items stolen from the resident to using credit cards without permission, forging checks, or participating in other fraudulent activities such as changing a house title or beneficiaries in a will. Any activity that involves using or attempting to use an older adult’s resources for monetary or personal benefit without their informed consent is considered financial exploitation.
Legal Definitions and Standards of Care in Texas
Under the Texas Health and Safety Code, Chapter 247, components of quality of care in senior living facilities must include:
- Resident independence and self-determination
- Humane treatment
- Conservative intervention
- Access to and continuity of care
- Safe surroundings
- The professionalism of service providers
- Services coordination
- Participation in useful studies
- Quality of life
Reporting and Investigating Abuse and Neglect
By law, suspected abuse and neglect in a senior living facility requires reporting to the Texas Department of State Health Services. When the victim is a resident of a long-term care facility receiving Medicaid funding, report abuse to the Texas Attorney General’s Medicaid Fraud Unit.
No Fees Unless We Win!
Protections in Place for Seniors in Texas
A residents’ rights in a nursing home and other senior living facilities include filing a complaint about care or treatment without fear of retaliation or intimidation. They cannot be prohibited from communicating in their native language regarding care or treatment, either with employees or other people. Married couples sharing similar services have the right to share a room.
Seniors also have the right to privacy for:
- Medical treatment
- Written and telephone communications
- Family meetings
- Mail delivery
- Resident council access
As per the Texas Attorney General’s Office, they have the right to be free from mental and physical abuse, including corporal punishment, physical or chemical restraints used for discipline, or the convenience of a caretaker or service provider. Restraints are permissible in limited circumstances. This includes in an emergency, under doctor authorization, or in circumstances “when the court-appointed guardian of a person with an intellectual disability has given informed consent.”
Legal Rights of Victims and Families in Texas
No one gives up their legal rights after moving to a Texas assisted living facility, which include the following:
- Freedom from discrimination based on race, age, gender, national origin, or disability.
- Freedom from discrimination based on medical condition or care payment method.
- Freedom from abuse, exploitation, and neglect. To protect residents, facilities must perform background checks to ensure that staff have not been convicted of crimes such as theft or battery. All staff members require training in how to recognize, prevent, stop, and report abuse, neglect, and exploitation.
- The right to be treated with dignity and respect.
- The right to make choices, such as leaving the facility, voting, practicing religious beliefs, chosen activities, and who can visit.
- The right to make choices about their care. This includes choosing healthcare providers, treatment and care information, refusing treatment and care, communicating about care and treatment in a language the resident understands, and choosing the people who can make decisions for you if you are unable.
- The right to keep personal property as long as it does not harm others.
Texas Licensing Laws Regarding Senior Living Facilities
The Texas Health and Human Services Commission (THHSC) licenses Assisted Living Facilities (ALFs) based on residents’ “physical and mental ability to leave the facility in an emergency and whether they require nighttime attendance.”
“Type A” ALFs have residents who can follow directions in an emergency and do not require routine nighttime care when sleeping. In”Type B” ALFs, residents cannot follow directions in an emergency, cannot leave the facility unattended, and must have staff attend to them during the night. Facilities that advertise as offering Alzheimer’s or similar dementia care are licensed as “Type B” ALFs.
Obtaining an ALF license requires completing an application via the Texas Unified Licensure Information Portal (TULIP) and completing pre-licensure computer-based training. After paying the required fees, the applicant must pass a Life Code Safety Inspection. An onsite health inspection follows, which includes observation of the standard of care.
ALF managers must complete all training requirements, including a minimum of 24 hours of education in ALF management and 12 hours of annual continuing education.
Contact Crowe Arnold & Majors for a Free Consultation
If a family member has been harmed, you need the best lawyers for nursing home neglect and abuse in Dallas. At Crowe Arnold & Majors LLP, we have a long track record of obtaining significant verdicts and settlements in senior abuse and neglect cases. These include a $3 million jury verdict after a trial involving allegations of nursing home abuse and neglect, in which the victim suffered sepsis, severe malnutrition, and dehydration. Our seasoned attorneys achieved a $2.25 million settlement involving a nursing home fall and a $1.45 million settlement involving a bed sore infection that led to a fatality.
Schedule a free, no-obligation consultation with an attorney today. Because we work on a contingency basis, you pay no fee unless you receive compensation.
