Respecting our elders is a cornerstone of our morality, especially veterans who served our country. Unfortunately, veterans living in nursing homes can suffer at the hands of neglectful or abusive staff members.
The healthcare industry is struggling to meet the demands of an aging population. Nursing homes are often understaffed and have employees who are working a lot of hours. Under these conditions, care workers can forget or ignore residents. Likewise, they may have little patience and resort to intentional or unintentional abuse.
If your loved one suffered an injury from poor nursing home care, contact us about filing for compensation for your losses. A Fort Worth veterans neglect and abuse lawyer from our team can help you get started. Call the Pintas & Mullins Law Firm at (800) 842-6336 to discuss your situation with one of our representatives.
Neglected and Abused Veterans
The Texas Department of Health and Human Services (HHS) Quality Monitoring Program states that abuse is the purposeful intention to cause injury. However, abuse can also include:
- Unreasonable confinement, such as with physical or medicated restraints
- Intimidation and threats, which is a type of emotional abuse
- Rape, sexual assault, and non-touching sexual harassment
- Abandonment or neglect
- Misuse of their finances
Neglect can result in injuries and death. For example, nursing home caregivers need to move non-mobile residents every two to three hours. Without this care, seniors can develop bruises and bedsores. They may also urinate or defecate on themselves, which can lead to infections and other health issues.
Seniors who are mobile may be a fall risk or have an accident, and abandonment worsens the incident. For example, a resident who falls in their bathroom may break a bone or get a cut. If they are left for a long time without attention:
- They could be in pain and suffering while waiting for help.
- Their injury could worsen.
- Their injury could be difficult to treat.
- Their injury could result in death.
Your loved one, especially a veteran, should not suffer because the nursing home does not provide proper care. Signs of nursing home abuse and neglect include physical signs, such as bruises, and behavioral cues, like:
- Personality changes
- Lack of energy
Filing a lawsuit against a nursing home for abuse or neglect can help other suffering residents by shining a light on the problem. Other families might be experiencing the same. You, the veteran in your life, and others should not continue to suffer.
Nursing Home Lawsuits
Nursing homes must follow several federal and local regulations because they receive funding from government programs like Medicare and Medicaid. Nursing home standards intend to keep residents healthy and in a safe atmosphere.
For example, a rule requires two staff members to move a resident. If only one employee attempts the transition and the resident falls, the individual and the nursing home may be responsible for any injuries. Other incidents could include the following:
- Lack of nourishment, like food and water
- Expired prescriptions
- Hazardous environment
- Dirty living conditions
- Infestations and mold
- Poor hygiene of residents
You have two years from the date of the incident to sue a nursing home for personal injury or wrongful death, according to Texas Civil Practice and Remedies Code §16.003. You may sue a person who hurt your family member, but the nursing home may be the liable party.
Nursing homes are often responsible for the consequences of their employees. They may also be responsible even if another resident caused the abuse.
Their financial liability is why they have litigation insurance. When you sue a nursing home, you will deal with their insurance company directly.
Your lawsuit can seek financial awards for:
- The full sum of medical bills related to the injury
- Ongoing treatment, therapy, or injury care
- Transportation costs to move your loved one to another long-term facility
When you and the insurance company agree on an amount, you are settling your claim out of court. The payment is a settlement. If you and the insurance company cannot agree to a settlement amount, your lawyer could file a lawsuit to win compensation in court.
If you are looking for a Fort Worth veterans neglect and abuse lawyer to seek reimbursement for your losses, the Pintas & Mullins Law Firm can help. Give us a call today to schedule a free case evaluation.
For a free legal consultation with a Veterans Neglect and Abuses Lawyer serving Fort Worth, call (800) 794-0444
How We Can Help You and the Veteran
Lawsuits and insurance claims require you to show evidence of the nursing home’s neglectful or abusive behavior. Defense teams working for the nursing home will either not pay you or pay you the minimal amount. Insurance companies might argue that the injury or death was not the nursing home’s fault or its staff members.
Evidence strengthens your claim. Proof of neglect or abuse can include:
- Pictures and videos
- Witness statements
- Medical records
- Testimony from professionals
- Nursing home documentation
For instance, the nursing home’s schedule can illustrate if there were enough caregivers on staff to residents. It can also show which staff members were working during the time of the incident. Workers might need to say what they were doing when your loved one suffered injury or death.
A Fort Worth veterans neglect and abuse lawyer can help you gather these documents. You may also need financial documents to calculate your economic losses, such as:
- Hospital bills
- Prescription receipts
- Medical equipment invoices
- Charges for burial and funeral costs
Proof of your financial damages might be just a portion of your lawsuit. You may seek additional awards for the pain and suffering of your family member. Veterans are already likely to combat mental health issues, such as post-traumatic stress disorder (PTSD), and neglect or abuse can trigger emotional anguish. Our team can help you determine the evidence needed to support your claim.
You should know your legal rights when negotiating with insurance companies. Our team can represent you during these mediations and fight for the highest award. It will be up to you to accept a settlement amount or pursue the matter in court.
Get the legal team that does not shy away from tough cases. Contact the Pintas & Mullins Law Firm by calling (800) 842-6336 and schedule your free consultation today.