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  • Writer's pictureRobert Schuerger

Learn How to File a Lawsuit for Nursing Home Abuse in Texas

In the Lone Star State, where Houston is as big as the sky, families entrust the care of their elderly loved ones to nursing homes. They believe residents will receive the utmost care and compassion in their golden years.

However, the reality can sometimes be far from this ideal. Nursing home abuse and neglect are harrowing issues that can turn a supposed safe haven into a nightmare. This serious problem can take many forms, ranging from physical neglect to psychological torment.

Regardless of the type, it can lead to serious injuries, both physical and emotional, leaving lasting scars on the victims and their families. Sometimes, physical abuse can even lead to unfair death.

The Texas civil practice governs the legal process, dictating the steps necessary to pursue a lawsuit against nursing homes or their staff for negligence or abuse.

According to it, lawyers have to prove the nursing home's negligence or abuse resulted in untimely death in wrongful death cases.

Hiring a Nursing Home Neglect Lawyer Immediately

Hiring a Nursing Home Neglect Lawyer Immediately

In the unsettling scenario where a loved one has fallen victim to a nursing home negligence case, taking swift action is crucial.

While emotions may be running high and the situation is overwhelming, seeking legal guidance from a qualified nursing home neglect lawyer is a step toward justice and accountability.

  • Preserving Evidence

Time is of the essence when it comes to gathering evidence in nursing home neglect cases.

By quickly hiring a lawyer, families can ensure crucial evidence, such as medical records, witness testimonies, and documentation of injuries, is preserved before it's lost or tampered with. They can also provide guidance on how to file a lawsuit for mesothelioma in Texas.

  • Seeking Compensation

In a nursing home lawsuit, plaintiffs may be entitled to compensation for medical expenses, pain and suffering, and other damages.

Texas attorneys can assess the full extent of the harm suffered and seek maximum reimbursement for the victim and their family. They can also assist with how to file a lawsuit for premises liability in Texas.

What Counts as Nursing Home Abuse?

Unfortunately, nursing home abuse is a deeply troubling and everyday reality that no family should ever have to face.

However, it's a situation where many elderly residents in these facilities suffer various forms of abuse, often hidden from view.

Physical Abuse

This type of abuse involves any intentional use of force that results in bodily harm or injury to an elderly resident. Elder abuse can include hitting, pushing, kicking, or restraining the resident against their will.

Signs of physical abuse may include unexplained bruises, cuts, or fractures, as well as reluctance to discuss injuries or unusual behavior around staff members.

Sexual Abuse

On the other hand, sexual abuse in nursing homes is a heinous violation of trust and dignity. It includes any non-consensual sexual activity or harassment directed towards an elderly resident.

Signs of sexual abuse in nursing homes may include unexplained genital injuries, sexually transmitted infections, or sudden changes in behavior, such as withdrawal or agitation. Victims may also hesitate to open up to family members.

Emotional Abuse

This is another type of common trauma in nursing homes. Psychological abuse inflicts harm on elderly residents through verbal threats, intimidation, humiliation, or isolation. Mental abuse can leave lasting scars on victims, impacting their well-being and quality of life.

Signs of emotional abuse may include depression, anxiety, withdrawal from social activities, or sudden changes in mood or behavior.

Financial Abuse

Lastly, financial abuse involves the unauthorized or improper use of an elderly resident's funds, property, or assets for personal gain. This can include theft, coercion, fraud, or exploitation by caregivers or staff members.

The signs of financial abuse may include unexplained withdrawals from bank accounts, changes to legal documents, or missing personal belongings.

It's important to understand that nursing home abuse can take many forms, and perpetrators may use various tactics to exploit vulnerable residents.

Whether it's physical, sexual, emotional, or financial abuse, every instance is a violation of fundamental human rights. The victim's family members must report abuse and seek legal assistance as soon as possible.

What Counts as Nursing Home Neglect?

Other than physical violence and emotional distress, nursing home abuse can also branch out to daily negligence. One of the most glaring signs of nursing home negligence is inattentive staff.

This can manifest in various ways, such as ignoring residents' needs, failing to respond to call bells in a timely manner, or neglecting to provide necessary medical attention.

  • Unclean Rooms

Residents have the right to live in a clean and sanitary environment. Neglecting to maintain clean rooms compromises their physical health, dignity, and sense of well-being.

  • Dirty Linens

Clean bedding is also essential for preventing infections and promoting comfort for nursing home residents. Dirty sheets or unchanged bedding can clearly indicate neglectful care in a Texas nursing home.

  • Poor Hygiene 

Personal hygiene is fundamental to maintaining health and dignity, yet it's often overlooked in nursing home neglect cases.

Signs of poor hygiene may include residents appearing unkempt, having body odor, or wearing soiled clothing.

  • Bedsores

Also known as pressure ulcers, bedsores are a common yet preventable consequence of nursing home negligence.

These painful wounds develop when residents are left in one position for too long without proper repositioning and skincare.

  • Falls

Nursing home abuse and negligence can contribute to an increased risk of falls among residents. This may result from inadequate supervision, slippery floors, or failure to assist residents with mobility issues.

  • Dehydration

Proper hydration is essential for maintaining overall health, especially for elderly patients. Neglectful practices such as failing to offer residents water or not monitoring fluid intake can lead to dehydration and its associated complications.

  • Malnutrition 

Similarly, malnutrition is a serious consequence of nursing home negligence. Residents may not receive adequate nutrition due to careless meal preparation, insufficient assistance with feeding, or dietary restrictions not being followed.

Nursing home abuse and negligence can have devastating effects on residents' physical health, emotional well-being, and overall quality of life. Families suspecting that a loved one is experiencing unfair treatment in a nursing home must act immediately.

They should document signs of neglect, report their concerns to the authorities, and seek assistance from a nursing home abuse attorney in Houston.

Common Causes of Nursing Home Negligence

While nursing homes are intended to provide a safe and caring environment for our loved ones, instances of neglect unfortunately do happen.

One of the leading causes of nursing home abuse and negligence is understaffing. When facilities are short-staffed, caregivers may struggle to meet all residents' needs effectively. This can result in rushed care, overlooked concerns, and an increased risk of accidents and injuries.

Proper training is essential for caregivers to provide high-quality care to nursing home residents. However, in some cases, staff may lack adequate training in areas such as patient hygiene, mobility assistance, and medical protocols.

Without proper training, caregivers may inadvertently neglect residents' needs or fail to recognize signs of distress.

Effective supervision is critical for preventing accidents and ensuring residents' safety. However, in busy nursing home environments, residents may not receive the required level of supervision. This can lead to falls, medication errors, and other preventable mishaps.

On top of that, nursing homes are responsible for hiring qualified and compassionate staff members who can provide appropriate care.

However, careless hiring practices, such as failing to conduct thorough background checks or hiring unqualified people, can increase the risk of neglect and abuse within the facility.

In some cases, a lack of accountability within nursing home facilities can contribute to instances of neglect.

When caregivers are not held accountable for their actions or fail to provide adequate care, it creates a culture where negligence may go unchecked.

Compensation in a Nursing Home Lawsuit

Compensation in a Nursing Home Lawsuit

Entering into a nursing home lawsuit is a daunting journey, one that often arises from the pain and anguish of seeing a loved one suffer due to negligence or abuse. Seeking justice may feel like an impossible task.

Medical Bills

The financial burden of nursing home abuse can be staggering, with medical expenses quickly piling up. Compensation for medical bills relieves this burden by covering the costs of necessary treatments, surgeries, medications, and rehabilitation services.

This financial support ensures victims receive the care they need to recover from their injuries and regain their health to the fullest extent possible.

Pain and Suffering

While no amount of money can fully compensate for the trauma experienced, this form of compensation offers a sense of validation to victims of nursing home negligence and their families.

Punitive Damages

In cases of particularly heinous misconduct, the court may award punitive damages to punish the negligent party and deter similar behavior in the future.

Unlike compensatory damages, which aim to compensate victims for their losses and medical care, punitive damages serve as a punishment and deterrent.

Final Words

Learning how to file a lawsuit for nursing home abuse is a step toward justice and accountability for those who have suffered at the hands of negligence or abuse.

It's wise to hire a lawyer immediately and to share every aspect of the problem during the initial consultation.

Schuerger Shunnarah Trial Attorneys can help victims receive the compassionate care they deserve. Stating, "We Go to War for You," our lawyers know how to address nursing home negligence and abuse through in-depth investigation.


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