When a nursing home operates below the standard of care that the law requires, senior residents pay the price. Ideally, nursing facilities should be a safe place where senior adults and adults with disabilities can receive 24-hour personal and medical care outside of a hospital. Sadly, many seniors suffer severe injuries in such facilities. Negligent staff, improper facility maintenance, lax hiring practices, and understaffing are just some of the ways nursing homes do not provide quality care.
If you believe a nursing home caused your family member’s injury, a Dallas nursing home accident lawyer can investigate the situation to determine liability. You might be able to seek compensation from those responsible for your loved one’s pain and losses.
Get in touch with Pintas & Mullins Law Firm today at (800) 842-6336 for more information and prompt legal advice.
Possible Reasons Your Loved One Had a Nursing Home Accident
Many nursing home residents have limited mobility and need help and supervision getting around. For others, certain medications can affect their motor skills, making them more susceptible to falling. Since residents have these vulnerabilities, nursing homes must take extra steps to keep falls and other preventable accidents to a minimum.
Hazardous conditions on the premises such as uneven flooring, spills, poor lighting, and torn carpet increase the risk of accidents. The nursing home must fix or remove such issues that threaten residents’ safety.
If your loved one cannot tell you directly whether an accident occurred, look out for signs of nursing staff negligence. Observe whether your senior loved one has sudden mood swings, untreated wounds, bruises, burns, and other unexplained injuries.
Keep in mind that circumstances surrounding your family member’s accident might not be present in records. Consider hiring a Dallas nursing home accident lawyer to shed light on what happened. When it becomes necessary to take your case to trial, a legal representative can protect your loved one’s rights.
Nursing Homes Have an Obligation to Keep Residents Safe
Texas Human Resource Code Title 6, Chapter 102 prescribes that nursing homes respect the rights of the elderly and make sure they exercise reasonable care in preventing negligence and abuse from taking place. Staff and other employees are also responsible for reporting instances of neglect or abuse that they have witnessed or have reasonable cause to assume occurred.
Unfortunately, strict rules and regulations cannot completely safeguard residents’ well-being. If you feel that your loved one’s injury resulted from a violation of the law, you can discuss your concerns with a Dallas nursing home accident lawyer. You might be able to take legal action and seek financial recovery.
Give Pintas & Mullins Law Firm a call today to get started on your case. We can answer your questions and help you weigh the steps you should take next if you decide to seek awards on your loved one’s behalf.
For a free legal consultation with a Dallas Nursing Home Accidents Lawyer serving Dallas, call (800) 794-0444
Understanding the Liability of Nursing Homes
Since nursing home residents depend on the staff for shelter, medical treatment, food, and hygiene, the facility has a legal duty to give a reasonable level of care based on the 1987 Nursing Home Reform Act and industry standards. This stresses the important role that nursing homes play in preventing accidents that can seriously impact senior residents.
If your family member has been hurt, those who could be found accountable include caregivers, nurses, maintenance staff, other residents, and visitors. Note that third parties are included because they may share liability in certain situations, such as when unmonitored visitors or other residents end up harming your loved one.
More often than not, it still boils down to the facility’s negligence in ensuring there is adequate security. If you want to seek legal action, you can work with an attorney who can help identify liable parties in your loved one’s situation.
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What You Can Do About a Facility’s Negligence
After learning about your loved one’s accident, it can be challenging to decide what to do next. You can always start by documenting visible physical injuries and writing down an account of what happened. If you wish to report the incident, you may do so by contacting Eldercare Locator or Texas Adult Protective Services (DFPS). They can investigate your claim and might offer your loved one short-term needs, such as new housing, medication, food, or other services. A Dallas nursing home accident lawyer can assess whether your loved one qualifies for protective services and tell you more about your options.
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Pursuing Legal Action
Aside from requesting an Adult Protective Services agency to investigate your family member’s accident, you may also sue to seek compensation for the injuries and suffering that a facility’s negligence caused. In most cases, victims can pursue a civil action against the person responsible for the injuries, the nursing home that failed to uphold reasonable industry standards, or negligent third-party vendors. Filing a suit can allow you to make a financial recovery, and it might prevent another resident from being harmed.
Bringing legal action may be confusing and overwhelming, so working with an attorney can make your case easier to manage. Your attorney can explain what to expect in the legal process, communicate with the liable parties and their representatives, the compensation you can pursue, and how you can strengthen your case.
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Statute of Limitations
Be aware that you generally have only two years from the date of an injury in Dallas and throughout Texas to file a lawsuit, per the Texas Civil Practice and Remedies Code §16.003. Letting the statute of limitations lapse means you will no longer have the right to proceed with your case and obtain compensation. Although exceptions are rare, they may apply to your case, so do not wait to start legal proceedings.
We Can Help You Today
If you think neglect caused your loved one to suffer injuries and other damages, a Dallas nursing home lawyer can review the details of the accident concerning your loved one and work with you in pursuing legal action. Pintas & Mullins Law Firm believes that neglect has no place in long-term care facilities. We will bring to justice those who allow the elderly to come to harm. Reach out to us at (800) 842-6336 to schedule your free case review.