When you realize that your loved one needs round-the-clock care, you do everything you can to find the best nursing home possible. You trust nursing home staff to provide your loved ones with the comprehensive care they need. When you discover that your loved one has suffered nursing home abuse or neglect, the news likely shocked you and left you appalled that your loved one received this type of treatment in a place that you trusted. Under these circumstances, calling a Dallas falls lawyer for assistance might benefit you and your family.
You likely feel overwhelmed and worried while suddenly facing unexpected expenses in the aftermath of your loved one’s abuse at their nursing home. While filing a legal claim might not be foremost in your mind, you have limited time under state law to pursue any legal claims that you might have.
If you hesitate too long, you might lose the chance to seek compensation for your family member and, more importantly, hold the nursing home accountable for the abuse that your loved one has suffered. With the help of Pintas & Mullins Law Firm, you could seek justice for your loved one and compensation for your losses. Call (800) 842-6336 today to speak with a team member and get more information about upholding your loved one’s legal rights.
Nursing Home Abuse
Older Americans in nursing homes are susceptible to abuse, especially when their physical or mental conditions make them more vulnerable. Abuse in this situation often goes undetected for some time. Nursing home residents are often reluctant to disclose abuse out of fear of further harm, or they might be unable to articulate the abuse they have suffered.
According to the National Institute on Aging (NIA), abuse in nursing homes might take various forms, including physical, emotional, sexual, and financial. Perpetrators of nursing home abuse are most often staff members, but other residents, their guests, or third-party vendors might also physically or emotionally abuse residents. Unfortunately, this problem has become widespread across the country and continues to grow as the need for nursing home care increases.
The National Center on Elder Abuse (NCEA) reports that about 1.4 million people lived in nursing homes in 2014. As our population ages and Americans live longer lives, this population continues to grow. With that population growth also comes the potential for increased rates of nursing home abuse and neglect.
In one study, researchers at the Department of Health and Human Services (HHS) found that around 22 percent of residents experienced an adverse event over a four-year period while staying in skilled nursing home facilities. Most of these adverse events were preventable and stemmed from:
- A lack of quality treatment
- Inadequate monitoring by staff
- Neglect and delays in providing care
About half of these residents returned to the hospital for further treatment because of these adverse events, which cost Medicare an additional $208 million in one month alone. The costs of these incidents of abuse or neglect amounted to $2.8 billion in hospital bills.
Deadlines for Nursing Home Abuse Claims
All states have laws that limit the time in which injury victims can file legal claims. Under Texas Civil Practice and Remedies Code §16.003, nursing home residents who suffer abuse must file their claims within two years of the date that the abuse occurred. Similarly, if nursing home abuse leads to the loss of your loved one, surviving family members have only two years from the date of death to file their claims. As a result, contacting a Dallas falls lawyer as quickly as possible following the discovery of nursing home abuse could prove critical.
However, some exceptions to this general deadline or statute of limitations exist. For instance, mentally incompetent victims could have the statute of limitations tolled (stopped). You might seek legal advice from a Dallas falls lawyer to determine whether an exception to the statute of limitations applies to your situation.
If you fail to file your legal claim for compensation within the required time frame, you likely will lose any chance of seeking compensation from the nursing home that allowed your family member’s abuse to occur. You also will have no way to hold the nursing home accountable for the abuse or neglect of your loved one. Without this accountability, the likelihood is that the nursing home will continue its negligent practices and potentially harm other nursing home residents.
For a free legal consultation with a Slip and Fall Accidents Lawyer serving Dallas, call (800) 794-0444
Schedule a Time to Meet with Us Today
Although filing a legal claim following injuries to your loved one might not be the first thing on your mind, you might find exploring the possibility beneficial to you and your family. Not only can you obtain compensation for the financial losses resulting from the abuse to your loved one, but you can also hold the nursing home accountable for allowing your loved one to suffer abuse. Contact a Dallas falls lawyer to learn more about your options for pursuing legal action.
You should not allow concerns about financial matters to keep you from seeking legal advice about your situation. The team at Pintas & Mullins Law Firm understands the physical, emotional, and financial toll that nursing home abuse can take on victims and their families. The last thing you need is another expense during this challenging time.
The good news is that we take nursing home abuse claims on contingency, which means you do not need to pay us any money upfront. We receive a fee only if you recover compensation from the nursing home responsible for the abuse of your loved one. Contact Pintas & Mullins Law Firm today at (800) 842-6336 to learn more about getting started with your nursing home abuse claim from a team member.