Placing your loved one in long-term care or nursing home is a major decision and families do not take this decision lightly. As of 2014, it is reported that approximately 1.4 million people reside in nursing homes in the United States. Nursing homes were designed for those who need assistance with basic care and to ensure that residents are properly cared for.
Sadly, many nursing homes do not live up to the standards they should and therefore residents suffer from neglect and even abuse. It has been found that abused elders have a 300 percent higher risk of death compared to elders who have not suffered any neglect or abuse. These are scary numbers to consider which is why it is imperative to hire a nursing home neglect attorney if your loved one has become a victim.
Texas has implemented various laws for nursing home care to circumvent abuse and neglect and ensure a high quality of care for the residents in these facilities. As we know, not everyone follows the law which can lead to devastating consequences. The main services that a nursing home should provide are:
These sound basic enough and yet many of our loved ones do not receive the appropriate care. Abuse is more commonly heard of but neglect is where the cycle begins. Some reasons behind abuse and neglect stem from staffing issues, poor training, and inaccurate record keeping. There is no excuse however for the mistreatment of the elderly and you should involve a nursing home neglect attorney immediately.
There are four types of neglect and abuse to keep in mind, physical signs, emotional signs, financial signs, and neglect signs. Examples of physical signs are burns, bruises, and broken bones while emotional signs are depression, frequent arguments, and withdrawal from activities. Neglect signs include:
Neglect can quickly turn into abuse like bleeding, fractures, restraint injuries, infections, loss of hair, abrasions, and even wrongful death. When visiting and communicating with your loved ones, be sure to look for any of the aforementioned signs. If you do notice these signs, document them to the best of your ability, and meet with a nursing home neglect attorney.
Once a nursing home neglect attorney has reviewed your circumstances there are several legal options you may be able to pursue. Some of those options are a criminal liability against those guilty of abuse, breach of contract claims against the facility, and civil actions. Each route has different outcomes and accomplishes different goals. When going the civil action route monetary damage may be awarded.
Criminal liability will not seek monetary damages but will instead seek the punishment of the guilty party. Breach of contract can also in some cases seek monetary compensation. Contact Thomas J. Henry at 866-517-5659 today to discuss your circumstances and find the best legal route for your case.