Medicare’s Nursing Home Compare Tool provides ratings for different nursing homes based on location and can help you identify the ones to avoid. Other resources include Nursing Home Inspect by ProPublica and review platforms like Yelp, TrustPilot, and Google My Business. In addition, The Texas Health and Human Services (HHS) regulates senior living facilities in Texas and maintains records of inspections, complaints, and violations. You can search for a facility’s compliance history on their website or contact the agency directly.
At Crowe Arnold & Majors, we are experienced in handling the convoluted legal system surrounding Texas nursing home litigation. We can help you traverse the obstacles people often encounter during the claims process so your elderly loved one can get the compensation they deserve. Call today for a free consultation.
Where To Look for Claims of Abuse
The internet can provide most of the information you need if you know where to look. Here are some top resources to consider:
- Federal Resources: Medicare’s Nursing Home Compare Tool provides ratings for different nursing homes based on location and can help you identify the ones to avoid.
- State Resources: Texas Health and Human Services (HHS): The HHS Long Term Care Provider Search provides information on nursing homes, senior living facilities, home health, hospice, and personal assistance services. You can email them to find out if there are complaints about abuse at [email protected].
- Nonprofit Organizations: Several nonprofit organizations have emerged that publish critical data on nursing home facilities. Nursing Home Inspect by ProPublica is a good starting point.
- Review Platforms: Several companies collect aggregate and detailed reviews from people. You should check more than one to get a good picture, such as the BBB, TrustPilot, Google My Business, and Yelp.
Who Is Usually Held Liable for Neglect and Abuse at a Facility?
In most cases, the senior living facility is held responsible for neglect or abuse that occurs on its premises or to persons within its care. The facility has a duty of care towards its residents and must provide a safe and secure environment. In addition, liability for abuse or neglect in senior assisted living facilities extends beyond the facility to include third parties such as contractors, medical professionals, vendors, and manufacturers. Identifying all responsible parties ensures accountability and maximizes the potential for justice and compensation for the victim.
When Can Family Members Be Held Liable?
While family members are not typically held liable for abuse or neglect occurring in senior living facilities in Texas, they could face consequences if they actively contribute to harm or fail in their legal duties as guardians or representatives, such as the following:
- Regularly check on the resident’s well-being.
- Monitor the quality of care provided by the facility.
- Take action to address complaints or signs of abuse or neglect, such as malnutrition, unexplained injuries, or poor hygiene.
- Family members could face liability if they are found to have financially exploited the resident, such as misusing funds, coercing them into signing legal documents or failing to use the resident’s resources for their care.
If abuse or neglect occurs, the facility can also be held legally accountable under Texas laws for failing to meet care standards.
What To Look for at a Facility
Experts recommend visiting a facility before deciding if it’s a safe option for your loved one. Some even suggest showing up unexpectedly so the facility has no time to show anything other than their everyday routine.
Here is what to look for:
- Staffing Levels: Ensure adequate staff-to-resident ratios and availability of skilled professionals like nurses and caregivers.
- Licensing and Certification: Verify the facility is licensed and certified by state or federal authorities, such as Texas Health and Human Services.
- Facility Cleanliness: Inspect the common areas, bathrooms, and resident rooms for cleanliness and maintenance.
- Safety Measures: Look for handrails, emergency call systems, well-lit hallways, and secure entrances.
- COVID-19 Protocols: Check policies for infection control and how they handle health emergencies.
Evaluating these factors thoroughly can help you choose a senior living facility that provides safety, comfort, and a high quality of life for your loved one.
Schedule a Free Consultation with Crowe Arnold & Majors
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 as soon as possible. The Dallas senior living abuse lawyers of Crowe Arnold & Majors, LLP 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. For a free, comprehensive consultation, contact us today.
