Brownsville Nursing Home Abuse & Neglect Lawyer

Brownsville Nursing Home & Abuse

The National Center of Elder Abuse compiles data on nursing home abuse and neglect. Some of the notable statistics include:

• The incidence rate of mistreatment is approximately 10 percent, including all forms of abuse, financial exploitation, and neglect in nursing homes.
• Unfortunately, only 20 percent of instances of neglect and elderly abuse in nursing homes are reported to relevant agencies in Brownsville and the State of Texas.
• In the coming decades, the US elderly population is expected to grow considerably as the Baby Boomers and later generations age. By 2050, there will be projected 83.7 million people aged 65 or older. That’s almost double the number of individuals in this age group in 2012.

Nursing Home Abuse Versus Neglect

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:

• Neglect occurs when the facility fails to provide adequate support for the resident’s needs in the areas of medical care, personal hygiene, social interactions, and other essentials.
• Abuse describes a situation where the nursing home, typically through one or more individual employees, intentionally and willfully causes harm to the resident.

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:

• Duty: A nursing home has a duty to care for its residents, which arises through the contract and the legal obligation to exercise reasonable care;
• Breach: When a facility provides substandard services, it fails it comply with its legal duties;
• Causation: There must be a link between the harm to the resident and the breach of duty, such that the person wouldn’t have been injured if it weren’t for the breach; and,
• Damages: When a victim suffers injuries, there are losses in the form of legal damages.

Types of Abuse in Nursing Homes

Whether intentional or negligent, there are three types of mistreatment that a resident may be exposed to in a nursing home.

Physical

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.

Emotional

Abuse or neglect can also result in emotional issues if the resident faces insults, yelling, isolation, intimidation, humiliation, and other forms of mistreatment.

Financial Exploitation

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.

Signs & Symptoms of Elder Abuse

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:

• Malnutrition, dehydration, and weight loss;
• Bedsores or unexplained wound infections;
• Injuries due to falls;
• Poor personal hygiene;
• Injuries accompanied by questionable explanations;
• Sexually transmitted diseases and urinary infections, which could indicate sexual abuse;
• Changes in mood or demeanor, such as becoming withdrawn, anxious, angry, or depressed;
• Unusual or unexplained changes to bank accounts, life insurance policies, or other assets, and,
• Any other issues that strike you as being out of the ordinary.

In addition, you should consider the condition of the facility itself, which can also be an indication of neglect. Examples include:

• Odors of vomit, urine, feces, and other foul smells;
• General disorganization or filth;
• Dirty linens;
• Slippery floors;
• Poor lighting conditions;
• Rickety wheelchairs, walkers, gurneys, and stretchers;
• Dripping faucets;
• Dangerous or exposed wiring; and,
• Other types of environmental conditions that present a hazard to the resident.

How to Report Nursing Home Abuse

If you have concerns about mistreatment in a facility, reach out to a Brownsville nursing home neglect lawyer right away. Our attorneys at The Law Giant, Personal Injury & Accident Lawyers 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.

Filing a Lawsuit Against a Brownsville Nursing Home

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 The Law Giant, Personal Injury & Accident Lawyers 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 The Law Giant, Personal Injury & Accident Lawyers, our attorneys are prepared to assist with all aspects of a nursing home abuse case, including:

• Preparing the complaint regarding mistreatment;
• Handling written discovery, such as requests for documents and interrogatories;
• Deposing witnesses and other individuals with knowledge of the relevant issues;
• Attending motions and court hearings; and,
• Taking the matter to a full trial.

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:

• Medical expenses for treatment;
• Pain and suffering;
• Mental distress; and,
• Other damages depending on the circumstances.

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:

• Punish facility owners, operators, administrators, and employees for nursing home abuse; and,
• Discourage others from engaging in the same acts of nursing home abuse and neglect.