Temple Nursing Home Abuse Lawyer
When you have to choose a nursing home for an elderly loved one who can no longer care for themselves, visiting possible homes is one way to assess them. The appropriate place will be clean and patients well-tended. Staff should be adequately trained and friendly. They should be versed in the care of people like your family member.
You may also rely on government inspections and ratings. Many state nursing homes are quality choices for care. Sometimes, they are not. They may be troubled by large staff turnovers, leaving new caregivers barely trained or overworked. When this happens, your loved one can end up neglected and injured. When you suspect staff is neglecting your family member, contact a Temple nursing home abuse lawyer for help. A personal injury attorney understands how to seek compensation after this harm.
What is Nursing Home Abuse?
Nursing home abuse occurs when the staff or facility fails to provide a safe, healthy environment for those in their care. When this failure leads to the patient’s harm, the facility and possibly the caregiver may be liable for the injuries. Compensation may come from the facility’s insurer or through an injury lawsuit and, sometimes, from a wrongful death claim. Some examples of injuries related to negligent care include:
- Falls, especially when nothing breaks the fall of an unattended patient, or they suffer more significant harm when left on the floor
- Bedsores, lung problems, and muscle atrophy when a weak patient does not turn or move often enough
- Rashes and infections from staff not changing an incontinent patient regularly
- Medication errors, which can worsen existing conditions, leave patients unconscious, and result in death
- Dehydration and malnutrition because overworked caregivers do not ensure patients are eating and drinking
When a case meets the elements of negligent abuse, a nursing home patient is entitled to economic and non-economic compensation. Economic damages include the cost of medical care associated with the injuries and possibly the cost of moving the patient to a new facility. Non-economic damages compensate patients for their suffering, pain, emotional trauma, and the cost of disfigurement that is too deep to heal correctly. A compassionate lawyer in Temple could review the specifics of a loved one’s plight and apply it to a nursing home abuse claim.
Families Can Bring Wrongful Death Claims
When an abused patient dies from negligent treatment, spouses, parents, or children can bring a wrongful death lawsuit against the facility, administrators, supervisors, and attending medical personnel. The decedent’s executor can bring a suit if the family declines.
The court may award damages for the decedent’s end-of-life expenses and any money the decedent could have recovered in an injury lawsuit. A nursing home abuse attorney in Temple could explain how to pursue a wrongful death claim.
Statute of Limitations in Nursing Home Abuse Cases
Texas Civil Practice & Remedies Section § 16.003(a) is the state statute that governs how long a plaintiff has to file an injury lawsuit. The limit is two years from the date of the abuse for harm to a person, including nursing home abuse. A judge will dismiss cases with prejudice if plaintiffs fail to file within two years.
When the defendant fraudulently conceals the abuse, the two years begin when the abuse is discovered. A plaintiff found to be of unsound mind may also have longer to file. Consult a knowledgeable lawyer in Temple to ensure timely nursing home abuse filings.
A Temple Nursing Home Abuse Attorney Advocates for Your Loved One
With government oversight and compassionate personnel, most nursing homes offer quality care for loved ones. As a family overseeing these living conditions, you must stay vigilant for any signs of distress or negligent abuse. The facility may be understaffed, which can severely impact patients’ well-being.
When your loved one complains or exhibits signs of abuse, such as weight loss, uncleanliness, bedsores, or lethargy, call Chad Jones Law. Our legal team prides itself on advocating for those who may be unable to rectify the wrong. A Temple nursing home abuse lawyer is waiting for your call.