Moving a loved one who can no longer care for themselves to a nursing home is a complicated and often heart-wrenching decision. With research, you will find many high-rated facilities in Texas that can be comforting to your family. Although nursing homes and assisted living facilities are subject to government inspections, they are also for-profit enterprises that could put profits over patients.
Because aides are underpaid, facilities may suffer from constant staff turnovers, leaving new employees untrained and overworked. When this happens, even in well-regarded facilities with good reviews, patients can be neglected and abused. If you observe signs of wrongful treatment of your loved one, a Galveston nursing home abuse lawyer could guide your next move. Our trained personal injury attorneys help you build a solid case with the right tools.
Patient abuse occurs when nursing home employees put them in dangerous or unhygienic conditions, injuring them intentionally, recklessly, or carelessly. If mistreatment is established, the nursing home and appointed caregivers will be liable for compensating the patient or family. Some common examples of assisted living abuse include:
These abuses are generally based on negligence, although some are criminal offenses. Galveston attorneys establish negligence by showing that the caregiver or nursing home has breached their duties to keep patients safe by acting below standards.
If a case of abuse or intentional harm is made, the patient could recover for economic and non-economic damages. Economic damages have objective costs and include any medical care necessary to treat the injuries caused by mistreatment and relocate the patient to a safe environment. Non-economic damages are subjective and consider the emotional trauma the patient suffered. Galveston nursing home abuse lawyers work swiftly to remove patients from compromising situations and get them the compensation they deserve.
Vulnerable patients often die because of abusive treatment. In these misfortunate cases, family members can file wrongful death lawsuits against the nursing home and the patient’s caregivers. If the family decides not to file a lawsuit, the decedent’s executor can do so.
The court could award the decedent’s end-of-life expenses for medical care, funeral services, and any compensation they could have been awarded if they had filed a personal injury lawsuit. A legal professional in Galveston can answer more questions about nursing home abuse that led to a wrongful death.
When abuse is committed because of negligent acts, injured patients have a certain amount of time to file a lawsuit. Texas Civil Practice & Remedies Section 16.003(a) establishes this Statute of Limitations. This is generally two years from the date of the abuse, but the time limit does not begin until the abuse is discovered. Hiring a competent Galveston nursing home abuse lawyer ensures timely court filings.
Although Texas inspects and rates its nursing homes, and most provide the services they advertise, others may be substandard. Even well-rated facilities can hire the wrong caregiver or suffer periods of short staffing.
When your loved one complains or appears frightened or withdrawn, look around for signs. If there are unexplained bruises, they have lost weight, appear unclean, or you notice an unbalanced ratio of caregivers to patients, call us. When vulnerable patients are harmed because of others, our Galveston nursing home abuse lawyers can swiftly seek justice.
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