Is Your Loved One Not Receiving Adequate Care in a Nursing Home?
Nursing homes are the last resort for many elderly individuals who can no longer care for themselves. Or, they are the only option for those who cannot receive adequate care in other settings. Unfortunately, a frequent occurrence in these facilities is nursing home abuse. This is when a caregiver or other person in the facility mistreats the resident and violates their rights. As a result, it can lead to severe physical and psychological harm.
If your loved one is a victim of Nursing home abuse , you should seek legal help immediately. Hold the responsible party accountable for their actions and end the mistreatment.
Houston Galveston Injury Attorneys specializes in cases involving nursing home abuse and neglect. Our experienced Galveston Nursing Home Abuse Lawyer have decades of combined experience successfully representing victims and their families in Houston, Texas. Our compassionate team has the knowledge and experience you need when your loved one has been wrongfully treated and will fight to protect their rights.
Schedule a free consultation with our Houston nursing home abuse attorney in Galveston and Houston today.
What Are Some Common Types of Nursing Home Abuse?
1. Physical Abuse
Physical abuse includes any intentional physical contact that causes harm, pain, or discomfort. It can include pushing, hitting, slapping, and other forms of assault. It may also involve restraint or confinement that is not medically necessary.
2. Emotional Abuse
Emotional abuse includes verbal attacks, insults, threats, humiliation, intimidation, and isolation. It can also include behaviors such as yelling at or berating the resident.
3. Psychological Abuse
Psychological abuse involves using words or behavior to threaten, intimidate, or coerce a resident. It can include name-calling, verbal attacks, and isolating the victim from family and friends.
4. Sexual Abuse
Sexual abuse includes any unwanted or non-consensual sexual contact, including touching, rape, and even voyeurism.
5. Neglect
Neglect occurs when a nursing home fails to provide for the basic needs of seniors, including food, water, hygiene items, medical care, or other necessities. Know that neglect can be intentional or unintentional.
No matter the type of abuse, taking action and reporting any suspicious or concerning behavior is essential. As experienced Galveston Nursing Home Abuse Lawyer we protect residents from abuse in a nursing home setting. We are knowledgeable of the laws protecting residents and their rights and are committed to fighting for justice.
Contact us to discuss your case today!
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How Do You Hold Nursing Homes Accountable with the Help of Galveston Nursing Home Abuse Lawyer?
Nursing home abuse cases can be highly complex and require extensive legal knowledge. In Galveston, TX, numerous factors must be considered when determining whether a case is viable and whether a victim has sufficient evidence.
The Nursing Home Reform Modernization Act of 2021 sets standards and regulations for nursing home operators. This act outlines the rights of nursing home residents and puts stipulations in place that nursing homes must adhere to.
If a nursing home violates any of the provisions, it can be held liable for damages a resident may have suffered.
Furthermore, Texas state laws on negligence can also be used to hold a nursing home liable for any abuse or neglect that has occurred. These laws will require evidence of actual damage and not just speculation to prove the case.
This is why it is crucial to have a nursing home abuse lawyer on your side who can determine whether negligence can be proven and help you build a strong claim.
Schedule a consultation to discuss your case, and let us help you seek justice.
What is the Deadline to File a Claim for a Nursing Home Abuse Case?
Under the Texas Civil Practice and Remedies Code §16.003, the statute of limitations for filing a nursing home abuse claim is two years from the date of injury.
Our nursing home abuse attorney in Galveston and Houston, TX, can help you meet the legal deadline.
What Elements Need to Be Proven in Nursing Home Abuse Cases?
When filing a case against a nursing home, certain elements must be proven to make a successful claim. Our Galveston nursing home abuse lawyers can help.
• Duty of care:
This is the legal obligation of the nursing home to provide adequate care and attention to its residents.
• Breach of duty:
This is when the nursing home fails to meet the standard of care outlined in their contract or by law, which can lead to abuse or neglect, resulting in harm.
• Injury:
This is the physical or psychological harm caused by a nursing home’s negligence.
• Damages:
This is the amount of financial compensation that can be sought for injuries suffered due to abuse or neglect.
What Types of Damages Can Be Sought in Nursing Home Abuse Cases?
When filing a nursing home abuse case, victims and their families can seek damages for physical and psychological suffering, medical bills, and other costs related to the abuse. Furthermore, they may be able to seek punitive damages to punish the nursing home if it is found that their negligence was especially egregious.
Are There Damage Caps in Nursing Home Abuse Cases in Houston, TX?
Under the Texas Civil Practices & Remedies Code § 74.301, a cap of $250,000 is placed on non-economic damages such as physical suffering or emotional distress. This cap can be increased to $500,000 in cases of vicarious liability.
Moreover, under the Texas Civil Practices & Remedies Code Ann. §§41.008, punitive damages can be awarded in nursing home abuse cases if it is found that the nursing home acted with malice or gross negligence. The maximum amount of punitive damages allowed is either limited to $750,000 in non-economic damages or twice the amount of economic damages or $200,000, whichever is greater.
If you or a loved one has been a victim of nursing home abuse, contact our Galveston nursing home abuse lawyers to begin your case. We will fight for your right to the damages you deserve.
Don’t Let the Nursing Home Get Away with Abuse.
Our Skilled Galveston Nursing Home Abuse Lawyer Can Help You Seek Fair Compensation and Justice.
Nursing home abuse should never be tolerated, and those responsible should be held accountable. Our Galveston nursing home abuse lawyer specializes in such cases and will do their best to bring justice and comfort to victims. We know the legal system can be confusing, so we work closely with our clients to ensure transparency. Don’t let the abuser get away with mistreatment — contact Houston Galveston Injury Attorneys today for a free consultation, and let us help you get justice.
