Texas Nursing Home Abuse Attorneys

What is Considered Nursing Home Abuse?

Nursing Home Abuse is a distressing violation of trust that occurs when individuals entrusted with the care of our elderly population exploit their position to cause harm. In legal terms, it encompasses a wide range of actions or neglect that can result in physical, emotional, or financial harm to a senior resident in a care facility.

Physical abuse, such as hitting, pushing, or inappropriately restraining a resident, is one form of abuse. However, abuse can also take less visible forms, like emotional or psychological mistreatment, which includes verbal insults, threats, isolation, or humiliation. Financial exploitation, involving the unauthorized use of a resident's funds or assets, is another frequent form of abuse in nursing care facilities.

Nursing Home Neglect vs. Abuse

Understanding the distinction between nursing home neglect and abuse is crucial, as it can significantly affect the course of legal actions taken. 

Abuse in a nursing home is characterized by deliberate harm or mistreatment inflicted on a resident, such as physical violence, emotional manipulation, or financial exploitation. 

On the other hand, nursing home neglect, while equally detrimental, is typically not intentional. It occurs when staff members fail to provide the necessary standard of care, leading to scenarios such as malnutrition, dehydration, or untreated health conditions. Neglect can be due to inadequate staffing, poor training, or a lack of adequate resources.

While both abuse and neglect can cause significant harm to older people, the intent differentiates the two. Irrespective of the type of unjust treatment your loved one might be facing in a nursing home, we at Hilliard Law are well-prepared to represent your case. 

Who is Liable for Injuries Caused by Nursing Home Neglect?

In the context of Texas law, several parties could be held liable for injuries resulting from nursing home neglect. The responsible entities largely depend on the specific circumstances surrounding the neglect. 

The nursing home itself may be held accountable for failing to provide the requisite standard of care. This could be due to insufficient staffing, improper training, or the inability to address the needs and well-being of their residents adequately. 

The individual staff members involved in the neglect can also be held liable. This may include nurses, caregivers, or other personnel who failed to meet their obligations in providing the necessary care.

Third parties, such as contracted medical service providers or equipment manufacturers, might also bear responsibility if their negligence contributed to the resident's harm.

At Hilliard Law, we comprehensively study each case to identify all potentially liable parties. By thoroughly investigating the circumstances and meticulously analyzing the facts, we aim to hold all responsible parties accountable and seek the compensation that you deserve. 

What are Common Signs of Nursing Home Abuse?

Identifying signs of nursing home abuse is a critical step towards safeguarding the well-being of our elderly loved ones. The manifestations of abuse may vary and could be physical, emotional, or financial in nature. 

Physical signs of abuse may include unexplained injuries like bruises, cuts, or burns; frequent infections; weight loss; or poor hygiene. The victim may also exhibit changes in behavior, such as fear or anxiety, particularly around certain staff members. 

Emotional abuse, though less visible, can be equally damaging. Signs might encompass sudden mood swings, depression, withdrawal from social activities, or uncharacteristic silence. 

Financial abuse can be harder to detect, but keep an eye out for sudden changes in financial circumstances, unexplained withdrawals, or suspicious changes in legal documents like wills or power of attorney. 

While these signs may not definitively point to abuse, they can warrant further investigation. If you suspect that a loved one is a victim of nursing home abuse, contact Hilliard Law. 

How to Prove Nursing Home Abuse or Negligence

Proving nursing home abuse or negligence can be a complex process, but with a methodical approach, it becomes manageable. The first crucial step involves gathering evidence. This includes medical records that show injuries or declining health, photographs of injuries, and any documentation of the resident's care. 

Witness statements from the victim, other residents, visitors, or staff members can also provide valuable insights. Additionally, any record of complaints or actions taken by the nursing home management can support an abuse or negligence claim.

Written communication with the nursing home staff regarding concerns about the resident's care should also be preserved as it can demonstrate efforts made to address the situation. Remember, the burden of proof lies on the claimant; thus, the more comprehensive and compelling the evidence, the stronger the case will be.

After gathering the evidence, it is vital to understand the legal elements required to establish a claim for nursing home abuse or negligence. Generally, you need to demonstrate that a duty of care existed, that the duty was breached, and that the breach caused harm.

The duty of care is usually straightforward in nursing home cases since facilities inherently have a legal responsibility to provide reasonable care to their residents. Demonstrating a breach of duty requires proving that the facility's care fell below acceptable standards. Lastly, it must be shown that the breach directly resulted in harm or injury to the resident.

While this process can be challenging, the team at Hilliard Law can provide valuable guidance and support.

Together, we can work towards protecting the safety and well-being of our seniors.

Contact Hilliard Law online or call (361) 882-1612  today to schedule a free consultation with one of our Texas nursing home abuse attorneys.