You place your trust in a nursing home to provide top quality care for yourself or your loved one. It can come as a shock when your expectations are destroyed due to abuse, neglect, or financial exploitation by a facility. There’s the obvious harm caused by physical mistreatment, but the effects of emotional abuse or neglect can be just as profound. If you or a loved one faces such misconduct, it’s critical to consult with a Brownsville nursing home abuse attorney immediately. With a larger population of elderly individuals, the potential for nursing home abuse and neglect is ever rising. The US Department of Health and Human Services estimates that 52 percent of adults 65 or older will require long-term care or services.
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When these facilities abuse our trust and endanger our loved ones, they must be held accountable. At Begum Law Group, our Brownsville personal injury lawyers are committed to assisting families whose faith has been shattered by mistreatment. Whether it’s the facility, administration, or individual employees, you always have rights under Texas law. Since victims often don’t have a voice, they must rely on loved ones to seek justice on their behalf.
No matter who is suffering, you need a Brownsville nursing home neglect attorney to assist with protecting your rights. Call The Law Giant today at 956-982-1800 or contact us online to set up a free consultation regarding your circumstances. There is no risk in speaking with us because we don’t charge up-front fees, and you won’t owe us anything unless we recover damages on your behalf.
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The National Center of Elder Abuse compiles data on nursing home abuse and neglect. Some of the notable statistics include:
Abuse and negligence are often used interchangeably to refer to mistreatment in nursing homes, but the two concepts are different. The specific definitions of these two terms can help you understand the subtle distinction:
Either type of conduct may give rise to a cause of action if your loved one is injured. However, the difference between abuse and neglect is important because it relates to the type of liability against the facility. Under Section 22.04 of the Texas Penal Code on nursing home abuse, it is a first-degree felony for an owner, operator, or employee of certain facilities to intentionally or knowingly cause serious bodily injury to a resident. In addition, the same types of conduct could be a second-degree felony when recklessness is involved.
Nursing home neglect is a lower level of misconduct, but it may still be actionable. As the term suggests, these cases are based on negligence. You must prove certain essential elements, including:
Whether intentional or negligent, there are three types of mistreatment that a resident may be exposed to in a nursing home.
Neglect or abuse may lead to physical injuries for the resident, but they arise in different settings. The nursing home may fail to adequately take care of medical needs, such as seeking physician treatment for medical conditions, dispensing essential medication, tending to injuries, or preventing bedsores. Improper use of restraints is a particular concern. Physical mistreatment may also exist where the facility doesn’t provide basic needs, sustenance, or support with personal hygiene.
Abuse or neglect can also result in emotional issues if the resident faces insults, yelling, isolation, intimidation, humiliation, and other forms of mistreatment.
There are multiple forms of financial exploitation, which often involves pressure to make changes to the resident’s bank accounts, life insurance policies, and estate planning documents. A nursing home owner, administrator, or employee may convince the resident to change account ownership or beneficiaries with respect to financial assets.
Even when you know the different types of neglect and abuse in Brownsville nursing homes, the actual signs can be more difficult to spot. Often, residents live in such fear of caretakers that they won’t report it to loved ones or authorities. The nursing home itself will do everything possible to hide physical, emotional, or financial abuse. Therefore, it’s critical for family and friends to keep an eye out for such red flags as:
In addition, you should consider the condition of the facility itself, which can also be an indication of neglect. Examples include:
If you have concerns about mistreatment in a facility, reach out to a Brownsville nursing home neglect lawyer right away. Our attorneys at Begum Law Group can assist you with every stage of the process, which typically starts with filing a complaint with the Texas Department of Health and Human Services. In addition, there are multiple Aging and Disability Resource Centers (ADRC) throughout Texas. The RIO-Net ADRC of the Lower Rio Grande Valley services Brownsville and Cameron County.
Typically, an agency will open an investigation into the allegations you present in your report. A caseworker will review the facility, and look into the physical and emotional manifestations of mistreatment. In the event of financial exploitation, a financial forensics analyst will scrutinize all suspicious transactions.
However, the process on how to report a nursing home for neglect may only result in sanctions for the facility. A complaint with a state or federal agency doesn’t address the individual losses of residents and family members. To recover compensation, it’s necessary to file a nursing home lawsuit.
As the victim of nursing home neglect or abuse, a resident may have a claim for damages against the facility. In some cases, an individual who suffered mistreatment must rely on a family member to act. A nursing home neglect lawyer can work with you on a power of attorney or guardianship action if necessary.
Before initiating a nursing home lawsuit based upon neglect or abuse, you will usually file a claim with the facility’s insurance company. Your nursing home abuse attorney will help navigate the process, which involves intense investigation efforts. To support your claim, you’ll need evidence regarding each of the essential elements described above regarding breach of duty, causation, and damages. Our nursing home abuse lawyers at Begum Law Group will handle all of the insurance forms and supplying supporting documentation.
To protect its own financial interests, an insurance company is likely to either deny your claim or offer a lower amount to settle it. From there, your attorney may engage in negotiations to resolve the matter for an appropriate settlement amount. If it’s not possible to reach an agreement, it will be necessary to file a nursing home lawsuit in civil court.
Litigation is a very complex, detailed process, so it’s crucial to have a nursing home neglect and abuse lawyer at your side throughout the proceedings. At Begum Law Group, our attorneys are prepared to assist with all aspects of a nursing home abuse case, including:
There are multiple types of compensation available in a nursing home abuse and neglect case. You may be entitled to recover for such losses as:
Note that other types of damages may be available in the event of nursing home abuse, as the conduct is criminal and intentional. Under Texas law, these damages are termed “exemplary,” but they’re not focused on compensating the victim for economic or non-economic losses. Instead, exemplary damages are intended to:
Of nursing home abuse lawsuits are settled out of court - National Center of Elder Abuse
Know Your Rights & What to Expect
Mistreatment in nursing homes, assisted living centers, and similar facilities should never be overlooked. At Begum Law Group, our nursing home neglect lawyers are relentless in pursuing those who cause harm to the elderly. Contact The Law Giant today to schedule a no-cost case review with a Brownsville nursing home neglect and abuse lawyer. Call 956-982-1800 or fill out our online form. We look forward to speaking with you and if we don’t recover damages for you, then you won’t owe us anything.