When families place a loved one in a nursing home, they might assume their parent or grandparent will receive a high standard of care. Instead, in many cases, residents suffer severe neglect at the hands of the staff or the nursing home administration. It’s crucial to recognize the signs, such as unexplained bruises or fractures, sudden weight loss, and poor personal hygiene, and understand the importance of filing a nursing home neglect lawsuit.
The Dallas personal injury lawyers of Crowe Arnold & Majors, LLP have successfully handled many cases of nursing home abuse and neglect, so your loved one will benefit from our experience. We will work to get your loved one better care as soon as possible. Trust our team to help nursing home residents receive the compensation they deserve for their injuries. Schedule a free consultation today.
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Legal Rights of Nursing Home Residents
Nursing home residents do not lose their constitutional rights. As per the Texas Long-Term Care Ombudsman, residents have the right to:
- Live in safe, decent, and clean conditions.
- Be free from abuse, neglect, and exploitation.
- Be treated with courtesy, dignity, and respect.
- Be free from chemical or physical restraints used for discipline and convenience rather than treating physical or psychological symptoms.
Filing a Nursing Home Neglect Lawsuit
As with any personal injury lawsuit, the burden is on the plaintiff and their attorney to prove negligence by establishing that the nursing home owed a duty of care to the resident. Further, this duty of care was breached, which was a direct cause of the resident’s injuries and resulted in quantifiable damages such as medical costs and pain and suffering.
In Texas, the statute of limitations for filing a nursing home neglect lawsuit is two years from the date of the abuse. Failing to file a lawsuit by that deadline means your case cannot go forward. Because valuable evidence may vanish, it is imperative to consult an attorney as soon as possible.
Building a Strong Case
Building a strong case in a nursing home neglect lawsuit means gathering as much evidence as possible. For example, if the resident was subjected to unhygienic living conditions, take photos of their room or surrounding environs. When showers, toilets, or floors are not sanitized appropriately, germs and bacteria can spread. Given that many residents have compromised immune systems, these conditions can quickly result in widespread illness and even death.
Make sure your family member receives medical attention. Detailed medical records and doctor’s testimony are crucial in proving your case. If there are witnesses to the neglect or abuse, obtain their names and contact information. You should also contact Adult Protective Services or the HHS Office of the Ombudsman to report it.
Potential Compensation
Compensation in nursing home neglect cases depends on the severity. Most cases are settled. However, we will take your case to trial if an insurance company fails to agree to a reasonable amount.
Compensation in nursing home neglect cases may include:
- Medical expenses
- The cost of relocating a family member
- Pain and suffering
- Loss of enjoyment of life
Along with financial compensation, a nursing home neglect lawsuit exposes the conditions at the facility. Other residents may not have to endure the trauma of neglect or abuse because of your legal action.
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Types of Nursing Home Neglect Cases
It is well-established that many nursing homes are severely understaffed and have a high employee turnover. Overworked nursing home staff contribute to many instances of neglect.
A recent federal plan to set minimal staffing levels prompted many horror stories. These include a dietitian’s reporting that nurses at one facility declared a “med holiday,” throwing out medications because they did not have time to administer them. One day-shift nurse found a resident choking on vomit and having seizures where only one nurse and one aide were on duty for 100 residents.
Nursing home neglect signs include the following:
Physical Neglect
Physical neglect can result in injuries or illness. For example, bedsores or pressure ulcers may develop because an immobile resident was not turned regularly in bed.
Neglect of Basic Needs
Neglecting basic needs includes not providing proper hygiene, clean clothes, food and water, and shelter.
Medical Neglect
Examples of medical neglect include:
- Failure to notify a physician when a resident is sick or injured.
- Not giving patients their medication or not providing it in the right amount or timeframe.
- Dehydration and malnutrition signs of nursing home neglect may involve weight loss, confusion, infrequent urination, and weakness. In some cases, such neglect can lead to kidney disease, organ failure, and death.
Why Choose Crowe Arnold & Majors LLP
Nursing home neglect victims deserve skilled and compassionate representation. We obtained a $3 million jury verdict for a victim of nursing home neglect who suffered sepsis and severe dehydration, a $2.25 million settlement in a case involving a nursing home fall, and a $1.45 million settlement for the estate of a resident who died from bedsores and subsequent infection.
We identify all potential defendants in a nursing home neglect case. In addition to the nursing home owners, this may include third-party hiring agencies and the nursing home employee responsible for the neglect.
Contact a Dallas Nursing Home Neglect Attorney
If your loved one has been the victim of nursing home neglect, you need the services of the experienced Dallas-Fort Worth nursing home neglect attorneys at Crowe Arnold & Majors LLP. Schedule a free, no-obligation consultation today. We serve all of North Texas. Because we work on a contingency basis, you pay no fee unless you receive compensation.
