Nursing home staff should have documentation of any accidents and injuries their elderly residents suffer. If your loved one has frequent and unexplained injuries, it could mean they are experiencing nursing home abuse.
A Dallas unexplained bruises or cuts or burns lawyer with Pintas & Mullins Law Firm can help you seek justice if your loved one shows any signs of physical abuse. Do not wait to get help. Contact us today at (800) 842-6336 to learn how you can fight for compensation on behalf of your loved one.
Physical Abuse and Other Forms of Harm
It is heartbreaking to think about someone intentionally harming our parents, spouse, or other elderly family members. Unfortunately, there are people who prey on older adults—and it may happen more often than you think. According to the National Center on Elder Abuse (NCEA), a survey of 2,000 nursing home residents found nearly half had been abused, while a staggering 95 percent had experienced or witnessed neglect.
Physical abuse is the type most likely to leave signs on the body, such as bruises, burns, or cuts. Physical abuse is any form of intentional violence, including slapping, pushing, pinching, or kicking. In nursing homes, it may also include actions like force-feeding, using restraints, or roughly handling residents. In severe cases, physical abuse can cause broken bones, head trauma, and other serious injuries.
If a nursing home staff member is physically abusing your loved one, they may be harming them in other ways as well. Physical abuse is often accompanied by psychological or emotional abuse, such as name-calling, threatening, or humiliating a resident. Emotional abuse can also include putting a resident in isolation or preventing them from socializing or being a part of their community.
Neglect is another form of abuse. Sometimes, neglect is the unfortunate by-product of an understaffed or poorly managed facility. Other times, neglect is intentional. Nursing home staff may deliberately withhold food, drink, personal care, medications, and other necessities as a way to harm, punish, or control residents. Signs of neglect include malnutrition, dehydration, and poor hygiene.
The signs of abuse are not always easy to read. If someone is harming your elderly loved one, they may become depressed or anxious or may seem afraid around certain staff members. They may also have trouble sleeping or start to lose interest in activities. Many changes in behavior can be viewed as warning signs.
Getting Help for Your Loved One
Unfortunately, any older adult can become the victim of elder abuse. According to the American Psychological Association (APA), approximately 1 to 2 million Americans over age 65 are neglected or abused by their caregivers. Abusers are more likely to be male, and victims are more often female.
If you have reason to suspect someone is physically abusing your loved one, you should take steps to remove your loved one from their harmful living situation as soon as possible. You may also want to contact a Dallas unexplained bruises or cuts or burns lawyer, who can help you investigate conditions at the nursing home and hold the facility financially responsible for its wrongdoing. To learn more, contact Pintas & Mullins Law Firm today for a free consultation.
For a free legal consultation with a Dallas Unexplained Bruises or Cuts or Burns Lawyer serving Dallas, call (800) 794-0444
Your Loved One Is Protected Under the Law
State and federal laws protect nursing home residents from abuse. Those who harm older adults in their care could face criminal prosecution in addition to civil action.
On the federal level, the Nursing Home Reform Act guarantees nursing home residents the right to be free from physical and mental abuse, physical and drug-induced restraints, corporal punishment, or forced isolation. In Texas, nursing home residents are protected by the Resident’s Bill of Rights. This law echoes the federal law in guaranteeing freedom from abuse. It also states that nursing home residents should be provided a safe living environment, respectful treatment, and access to social and community activities.
Residents and their families are also afforded the right to complain about the facility, the staff, and the quality of care without fear of retaliation. Complaints can be lodged with Texas Health and Human Services (HHS), who can investigate the facility and—if conditions are not satisfactory—refer their findings to the Office of the Attorney General for a civil action, including closing the home. The attorney general also has the power to criminally prosecute cases involving abuse.
Dallas Dallas Unexplained Bruises or Cuts or Burns Lawyer Near Me (800) 794-0444
Taking Civil Action
You can pursue a lawsuit against the nursing home, regardless of any legal action taken by the state. The goal of a lawsuit is to recover awards for the damages your loved one suffered. This may include financial reimbursement for medical care and nursing home fees, as well as damages for the physical and emotional suffering they endured. If the court finds that the nursing home and its staff committed fraud or acted with malice, punitive damages may also be awarded.
If your loved one died from injuries suffered in their nursing home, you can file a wrongful death lawsuit. The money will not bring your loved one back, but a settlement can punish the nursing home for what they have put your family through. You can recover awards in your family member’s name and also seek compensation for the suffering and grief caused by their death. You have two years under Texas Civil Practice and Remedies Code §16.003 to file your lawsuit.
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Contact Pintas & Mullins Law Firm Today
Your elderly loved one should never be physically harmed by anyone, but especially those entrusted with their care. You can hold the nursing responsible with the help of a Dallas unexplained bruises or cuts or burns lawyer with Pintas & Mullins Law Firm.
We understand this may be an emotionally and financially difficult time for your family. Our goal is to serve you with professionalism and compassion. Because we want to help you seek justice without adding any more burdens, our team works on contingency. This means you owe us nothing unless we achieve a verdict in your favor. If you are ready to stand up to the abusers who hurt your loved one, contact us today at (800) 842-6336.