Physical abuse of defenseless and vulnerable nursing home residents is an egregious and shocking crime. Your loved one should live out their twilight years with dignity and respect.
Unfortunately, abuse and neglect in long-term care facilities happen all too often. According to the Department of Justice (DOJ), at least 10 percent of senior citizens aged 65 and over suffer elder abuse annually. The National Center for Biotechnology Information (NCBI) suggests that as many as 2.5 million residents in long-term care settings could face the risk of abuse.
If your loved one suffered from physical abuse in their San Antonio nursing home, you could take legal action. You can speak with a San Antonio physical abuse lawyer as soon as possible after learning of their abuse.
Do not let the nursing home get away with horrendous and illegal mistreatment of your relative. Call Pintas & Mullins Law Firm today at (800) 842-6336 to discover whether you have a claim and could recover compensation.
Types of Physical Abuse
Several types of physical abuse can occur in a nursing home facility.
Actual Physical Aggression
We instantly recognize when active physical abuse and aggression occur. Active abuse can include kicking, pushing, slapping, and other violent acts towards a senior. In this type of abuse, the aggressor intends to cause actual physical harm (e.g., injury or pain) to the nursing home resident. Physical aggression and violence can cause horrific injuries to a nursing home resident, such as fractures and dislocations. Physical abuse can have a negative effect not only on a resident’s physical but also on their emotional health.
Nursing home staff should not use restraints for any reason other than medical purposes. Even when necessary for medical reasons, they should only restrain a resident for a short and defined period.
The Texas Department of Aging and Disability Services has created a nursing home resident’s bill of rights that gives them the right to “be free from any physical or chemical restraints used for discipline or convenience and not required to treat your medical symptoms.”
Inappropriately restraining residents is far from a harmless offense. It can cause bedsores, loss of mobility, stiffness, and excruciating pain due to fixing the senior in place for potentially extended periods.
Physical neglect is also a type of physical abuse. Physical neglect can encompass a range of failures in not adequately providing for nursing home residents’ health and well-being. Nursing home staff may neglect to provide adequate nutrition and liquids to residents or disregard a resident’s hygiene needs. Physical neglect can potentially have fatal consequences. Residents could suffer from malnutrition, dehydration, and recurring infections due to a lack of adequate hygiene.
Inappropriate Use of Medication
Using medication to make a nursing home resident “easier to manage” is also physical abuse and unlawful. According to Human Rights Watch, U.S. nursing homes regularly administer antipsychotic drugs to residents with dementia to control them. Researchers associate chemical restraint with higher death rates of seniors.
If your loved one is the victim of such a horrific crime in their nursing home, you could have legal recourse and could consult a San Antonio physical abuse lawyer regarding your legal options. Call Pintas & Mullins Law Firm today to learn more.
Signs of Nursing Home Physical Abuse
Unlike other types of nursing home abuse, physical abuse tends to leave signs on the body and psyche of your loved one. Even when your relative cannot verbally explain what has happened to them, you could detect some of the following signs of physical abuse:
- Bruises, cuts, or burns
- Bone fractures
- Dislocations and sprains
- Unexplained rapid weight or hair loss
- Recurrent infections
- Malnutrition or dehydration
- Stained clothes and bed linens
- Emotional changes, such as depression and withdrawal
- Fear of caregivers
Physical abuse can shorten the lifespan of your loved one considerably. If you see any signs of abuse with your relative, you should take immediate action to keep them safe.
While finding out that your relative suffers from physical abuse in their home can feel devastating, you do not have to stand for it and could potentially hold the nursing home to account. A San Antonio physical abuse lawyer can help you get justice.
For a free legal consultation with a Physical Abuse Lawyer serving San Antonio, call (800) 842-6336
You Could Hold the Nursing Home to Account
The only way to stamp out nursing home abuse is to fight it. If your loved one suffered injury and damages from abuse or neglect, you could potentially hold the facility accountable and recover compensation such as:
- Medical expenses
- Transportation costs
- Moving expenses to a new facility
- Awards for pain and suffering
Keep in mind that Texas Civil Practice and Remedies Code §16.003 allows you just two years to file personal injury cases.
Nursing Home Liability
The nursing home must provide a safe environment for your loved one, free from abuse and neglect. To this end, you could hold the nursing home responsible for negligence if it:
- Failed to perform background checks before hiring staff members.
- Failed to supervise staff adequately.
- Failed to hire sufficient staff for the facility.
- Failed to investigate any abuse complaints promptly.
- Failed to provide or maintain adequate security.
While your loved one may not be able to stand up for themselves, you can speak out for their rights and demand justice.
San Antonio Physical Abuse Lawyer Near Me (800) 842-6336
Pintas & Mullins Law Firm Can Help You Get Justice
Physical abuse in a nursing home is a horrific crime. You do not have to accept that your loved one suffered injury from mistreatment. While standing up to a nursing home can feel daunting, your San Antonio physical abuse lawyer could stand by your side every step of the way.
The team at Pintas & Mullins Law Firm can assess your claim and build your case by gathering the necessary evidence showing nursing home abuse. We do not charge any upfront lawyer’s fees and work on contingency, meaning you pay us nothing unless you recover a settlement or court award.
Contact our team today at (800) 842-6336 for your free initial consultation.