Facilities that offer long-term care, like nursing homes, are supposed to assist older adults with their daily medical and personal needs. Unfortunately, some of these facilities fail to provide adequate care for the elderly, and, in some cases, they abuse their senior residents. This is a problem in some Dallas nursing homes, resulting in physical, emotional, and mental harm to residents.
If you feel that a loved one is a victim of negligence or mistreatment, you must take swift action. Ignoring signs of abuse can cause irreparable harm to seniors and sometimes even lead to their deaths. A Dallas nursing home abuse lawyer can protect the rights of your loved ones and ensure they get the care they need. Contact Pintas & Mullins Law Firm today at (800) 842-6336 to get started with your case.
Texas Protects the Rights of Senior Citizens
State laws grant elderly people special rights and protections on top of those that all Texans enjoy. In particular, the Texas Human Resources Code §102.003 clarifies the benefits, rights, privileges, and responsibilities of older individuals. When it comes to preserving the laws related to eldercare and creating and supporting those laws, Texas Health and Human Services (HHS) fulfills these important roles.
The law also requires nursing homes to satisfy a minimum standard of care, as stated in the Texas Administrative Code (TAC) Title 40, Part 1, Chapter 19. This includes offering services that promote grooming, hygiene, good nutrition, physical fitness, and essential medical care access. Moreover, there should be a comprehensive care plan for each resident that details specific needs.
In general, the Texas Administrative Code outlines the standards and regulations that nursing facilities ought to follow. Bedsores, infections, and other injuries that arise because of abuse may be grounds for legal actions. You may have the right to file a lawsuit against a nursing home if you believe it failed to meet your loved one’s needs or tolerates abusive practices.
Discuss your case with a Dallas nursing home abuse lawyer who can help you understand your legal options and the damages you could pursue. However, take note that you should act as soon as possible.
The statute of limitations for personal injury lawsuits in Texas is generally two years from the date you discovered or should have discovered the injury, per Texas Civil Practice and Remedies Code §16.003. If you try to file your case after the deadline expires, the court will likely dismiss it.
Reporting Nursing Home Abuse
In many instances, abused residents are too ill, scared, or ashamed to communicate effectively. You must be prepared to speak out on behalf of your loved one and voice your concerns to the nursing home supervisor if the situations mentioned above apply to your circumstances.
Try to be proactive in looking for signs of abuse, such as open wounds, bruises, fractures, reclusiveness, emotional outbursts, and agitation. Even if you cannot visit your loved one, you might be able to observe if something seems out of the ordinary when you talk to them over the phone. Do not hesitate to act on your suspicions, no matter how insignificant they seem, because you could be saving your loved one’s life.
If you are not satisfied with how the nursing home handled your complaint, you could contact Texas Health and Human Services. It could proceed to investigate the nursing home. Remember, it is illegal for the facility and any of its staff members to retaliate against you or your loved one. The agency should have a procedure in place that addresses how it receives and responds to complaints. You may also want to consult with a Dallas nursing home abuse lawyer to learn about other steps you can take.
For a free legal consultation with a Nursing Home Abuse Lawyer serving Dallas, call (800) 794-0444
How an Attorney Could Help You
It can be upsetting to find out that your loved one’s caregivers injured or took advantage of them. You likely put your trust in a nursing home because you believed it could meet your loved one’s needs. As soon as you have misgivings about how the facility addresses your issues, you can reach out to a Dallas nursing home abuse lawyer to get help determining what happened to your loved one.
During the consultation with your attorney, you can present any evidence or documentation you may have gathered so far. Your attorney will then begin an evaluation and determine if you have a viable case. Once you have legal representation, you can learn more about what to expect from your case. Your loved one may have the right to pursue financial recovery for injury and losses.
Give Pintas & Mullins a call today to learn how we can help you pursue financial recovery for your loved one. You can set up a free consultation where you can share your experiences and learn what legal options are available to you.
Dallas Nursing Home Abuse Lawyer Near Me (800) 794-0444
What to Expect When Filing a Lawsuit
Reporting elderly abuse to the concerned agencies will prompt an investigation of your claim. Nevertheless, you might want to immediately end the abuse and bring to justice those responsible for the suffering of your loved one. Filing a lawsuit can help you achieve this and collect compensation that could cover economic and non-economic damages.
Working with a Dallas nursing home abuse lawyer can make a thorough investigation of the circumstances surrounding your loved one’s mistreatment easier to manage. You will also have access to expert testimonies that can show whether the facility failed to uphold its obligations as the law requires. More importantly, you will get legal guidance that ensures you meet your case’s filing deadline and other legal requirements.
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Consult with a Dallas Nursing Home Abuse Lawyer for Free
Pintas & Mullins Law Firm would like to help prevent further abuse from happening to your loved one and others in a nursing home. We will fight to win justice for the person you care about. Talk to us today at (800) 842-6336 to schedule your free consultation.