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What To Do If You Suspect Nursing Home Abuse

By The Law Office of WT Johnson on January 3, 2013

We all want our elderly loved ones to have the best care possible. But some like to take advantage of the elderly. If you notice that your loved one has unexplained injuries, sudden weight loss or is showing unusual behaviors, you should investigate their care.

Here are some steps to take if you think your loved one is experiencing nursing home abuse:

  • Ask your loved one about how their injuries happened or what might be going on. But even if your loved one is mentally capable, your loved one may be fearful about what may happen if they tell on their abuser, or they might feel bad complaining about their care.
  • If you believe your loved one’s life is in imminent danger, you should contact the police immediately.
  • If the danger is not immediate, but you suspect something is wrong, you should set up a meeting with the facility manager or supervisor. During the meeting, share your concerns and try to stay calm and professional while listening to the manager’s explanations and offers to investigate the situation more thoroughly.
  • If the manager’s explanation is not reasonable, and your loved one’s condition doesn’t change, or even worsens, you should contact the Adult Protective Services agency and file a complaint.
  • The APS agency will keep your concerns confidential. If it decides the situation possibly violates state elder abuse laws, it assigns a caseworker to conduct an investigation.
  • You should contact a nursing home abuse lawyer. Your loved one is entitled to protection under the law and could also be entitled to compensation for their physical and emotional abuse. Most abusive nursing homes don’t change their ways unless legal action is taken.

Fighting Nursing Home Neglect And Abuse

Nursing home abuse is far more common than you may think. Understaffed facilities fill their “census” maximizing their bottom line without caring for the wellbeing of their residents. Nursing homes operate under special rules and regulations and litigation against them falls under tort-reform laws. These regulations offer challenging legal requirements including inflexible payoff caps as well as a very strict statute of limitations, which prevent you from pursuing damages after a certain amount of time has elapsed. Time is of the essence when considering a legal motion against a nursing home that has been found lacking in service toward its residents.

What Typically Constitutes Nursing Home Abuse?

Nursing home abuse in Dallas and anywhere in the state of Texas can be associated with the following conditions:

General neglect

Bed sores

Over medication

Under medication

Wrong medication

Slip and fall

Pressure ulcers

Septic shock

Gangrene

Amputation

If I Identify Abuse, What Is My First Step?

If the situation isn’t immediately life threatening, you should call our office for a free consultation. There have been times in which the family voiced their concerns to the nursing home and the nursing home quickly started working to cover up its negligence, making it more difficult to prove their lack of care and commitment to the life of its residents. By contacting a nursing home abuse attorney you will learn about your options and should we determine that the case is viable, we will immediately engage in the process of recovery for the loss your loved one has sustained. Remember, because of statute of limitations rules and regulations, time is of the essence when litigating a case against an abusive nursing home.

Dallas Nursing Home Abuse Incidence

As stated previously, nursing homes in general run like businesses. Profit is the main goal of its operation and in the process, your loved ones often times end up paying the ultimate price. Dallas, for being a very large metro area, is a prime center for nursing home abuse. Overcrowded, understaffed facilities are the most common cause of negligence found in lawsuits against nursing homes. With the aging population pushing the number of the elderly to a record high in the next few years this is a problem that we can expect to see growing. Dallas nursing home abuse is unfortunately a common incident and that is typical of large centers including Austin, Houston, San Antonio and other metro areas. We speak specifically of Texas cities because the legislation governing many of the laws surrounding nursing home abuse are specific to the state of Texas.

The nursing home abuse lawyers at the Law Office of W.T. Johnson will help you get the justice your loved one is entitled to. Contact us today to set-up a free consultation.

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If you would like to discuss your claim with a member of our team, don’t hesitate to call us at (214) 231-0544. We’re ready to help you, and won’t rest until you receive the settlement you deserve.

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