The DJF Law Firm, PLLC

Houston Nursing Home Abuse and Neglect Attorneys

If your loved one is the victim of nursing home abuse or neglect, contact The DJF Law Firm, PLLC immediately. We could help you advocate for your injured family member and seek the justice they deserve.

Older adults often need to move into nursing homes because they can no longer care for themselves. Some residents have cognitive illnesses or physical disabilities preventing them from living independently. They might require round-the-clock monitoring and assistance performing routine tasks.

At The DJF Law Firm, PLLC, we understand how devastating it can be to decide your family member should live in a nursing home. You know it’s necessary so they receive the care they need, but it can be heartbreaking to see your loved one struggle. You should pursue immediate legal action if abuse or neglect occurs and leads to an injury.

Call The DJF Law Firm, PLLC at 832-529-3476 for your free consultation to learn more about how we can help you and your relative hold the negligent party liable. One of our Houston nursing home abuse and neglect attorneys can discuss the case with you during a free consultation and advise you about your available legal options.

Types of Nursing Home Abuse

Physical abuse isn’t the only form of abuse that can occur in a nursing home. Multiple types could lead to a resident’s injury, illness, or death. The most common types of nursing home abuse are listed below.

Psychological or Emotional Abuse

Emotional and psychological abuse involves a person’s nonverbal and verbal acts to inflict emotional distress, pain, or anguish on someone else. Behaviors commonly associated with psychological or emotional abuse include:

  • Threatening
  • Yelling
  • Humiliating
  • Insulting
  • Verbally assaulting
  • Intimidating

Psychological abuse can damage a dependent adult’s self-esteem and mental health. Some nursing home patients don’t have the support system they need to stand up to their abuser. They suffer in silence because they have no one to advocate for their rights and safety. Anxiety, depression, and other mental illnesses are typical when an older adult is the victim of psychological abuse.

Neglect

Neglect occurs when a caregiver refuses or fails to provide someone with the care they need to thrive. Neglect comes in various forms, such as:

  • Neglect of basic needs – Neglecting a person’s basic needs means depriving them of food, water, and a clean bedroom. A staff member might choose not to wash a resident’s soiled clothing promptly or meet their nutritional needs.
  • Medical neglect – Medical neglect occurs when a caregiver doesn’t meet the medical needs of a resident. That can include withholding treatment of an injury or failing to administer necessary medications.
  • Personal hygiene neglect – Sometimes, older adults are unable to practice good personal hygiene. A nursing home employee is responsible for assisting them with showering, brushing their teeth, and dressing.
  • Social neglect – Social activities can enrich an older adult’s life and improve their mood. Social neglect occurs when a caregiver prevents an older adult from participating in social activities and interactions.

Physical Abuse

Physical abuse refers to using physical force to cause another person bodily harm, physical pain, or impairment. The most common examples of physical abuse include:

  • Pushing
  • Kicking
  • Using unnecessary restraints
  • Punching
  • Shoving
  • Slapping

Financial Exploitation

Financial abuse involves illegally or improperly using someone else’s personal property, assets, or money for personal gain. Financial abuse or exploitation can include actions such as:

  • Changing passwords to online bank accounts
  • Stealing cash or personal belongings from the resident’s room
  • Withdrawing cash from an ATM without permission
  • Forging a signature on a financial document

Sexual Abuse

Sexual abuse occurs when a caregiver forces an older adult to engage in non-consensual sexual activity. Some nursing home residents have a cognitive condition, such as Alzheimer’s disease, and can’t give consent or remember what happened to them.

The warning signs of sexual abuse might be challenging to notice. Sometimes, they’re not immediately apparent. You should pay attention to how your loved one behaves. Sudden and unexplained changes in mood could indicate a problem.

If you believe your family member suffered abuse or neglect at a nursing home, do not hesitate to contact The DJF Law Firm, PLLC. We can investigate the incident and determine who we can hold liable for the injury.

Causes of Nursing Home Abuse and Neglect

Various factors can contribute to nursing home abuse or neglect. The facility owner might be responsible for a resident’s injury because they ignored the signs of abuse and failed to take action to prevent it from happening again. Sometimes, a specific employee is at fault for the abuse a resident suffers.

The most common causes of nursing home abuse and neglect include:

  • Low wages – Nurses are necessary for nursing homes. They provide the medical care patients need to recover from injuries and illnesses. An underpaid nurse could feel unappreciated for the work they do. They might stop caring about their job and provide inadequate treatment for the residents.
  • Negligent hiring – A facility owner might not perform background checks on applicants before hiring them. Employees with a violent past or history of abuse could have access to the residents.
  • Understaffed nursing homes – Nurses, administrative workers, and other employees suffer significantly during staffing shortages. They experience extra pressure to pick up the slack and perform additional work. Overworked staff could make mistakes that compromise the safety and health of the residents.
  • Inexperienced staff – An inexperienced employee likely won’t know the proper procedures to follow or how to deal with an unruly patient. Their poor judgment or decision-making could lead to someone’s injury.

You should reach out to The DJF Law Firm, PLLC if you think your loved one’s injury is due to abuse or neglect. We will obtain the available evidence and create a strategy to try to hold the negligent individual or facility accountable for their wrongdoing.

Warning Signs of Nursing Home Abuse

The warning signs of certain types of abuse are obvious. Some types of abuse aren’t easy to recognize because the signs are subtle. You should look for red flags that might point to abuse or neglect so you can take action against the at-fault party.

The most common warning signs of nursing home abuse include:

  • Infections
  • Dehydration or malnutrition
  • Sudden cognitive decline
  • Unexplained physical injuries
  • Missing or broken teeth
  • Bedsores
  • Asphyxiation
  • Unusual financial transactions
  • Genital or anal bruises
  • Loss of mobility
  • Broken hearing aids or eyeglasses
  • Behavioral or mood changes
  • Missing personal items
  • Withdrawing from friends, family, and social activities
  • Worsening or new diagnosis of anxiety, depression, or another mental illness
  • An employee who refuses to discuss your loved one’s injuries with you
  • Fear of a specific individual

You must be your loved one’s voice if they can’t speak for themselves. If you think they’re in danger, move them to a place you know they will be safe. You can get them the medical care they need to recover from their injury.

Compensation for Nursing Home Abuse or Neglect

The nursing home, an employee, or another party might be at fault for the abuse your loved one suffered. You could hold them liable for injuring a resident in their care. Whether you file an insurance claim or lawsuit, you might recover compensation for your family member’s:

  • Pain and suffering
  • Mental anguish
  • Hospitalization, imaging tests, prescriptions, and other medical expenses
  • Physical impairment or disfigurement
  • Damage to personal property

You could also pursue exemplary damages in a lawsuit against the negligent party. To receive this type of financial award, you must provide clear and convincing evidence of the at-fault party’s malice, fraud, or gross negligence.

Nursing home abuse and neglect can be fatal. A resident could suffer a deadly injury or disease due to someone else’s actions. You could file a wrongful death claim if your loved one died from abuse or neglect in a nursing home.

In Texas, a surviving spouse, child, or parent is the only person allowed to pursue a wrongful death case. The personal representative of the deceased’s estate could file a lawsuit if no surviving family initiates a case within three months of the death.

The money you receive in a wrongful death lawsuit could compensate for:

  • Lost love, comfort, society, and companionship
  • The mental pain and anguish the family experienced due to the death
  • Lost earning capacity
  • Loss of care, maintenance, support, services, counsel, and advice the deceased would have provided
  • Lost inheritance, including what the deceased might have saved and left to their family if they were still alive

Statute of Limitations for Nursing Home Abuse

You could sue the person or company responsible for your loved one’s injury. In Texas, the statute of limitations for nursing home abuse allows a two-year timeframe to file a lawsuit. That means you have two years from the date of the injury to initiate your lawsuit for compensation.

Contact Us

The Houston nursing home abuse and neglect attorneys of The DJF Law Firm, PLLC have experience handling cases like yours. We will aggressively pursue the maximum compensation available so your loved one can heal and move forward with their life. We will protect their rights and work diligently to obtain compensation and justice for you.

If your loved one sustained injuries in a nursing home because of abuse or neglect, call The DJF Law Firm, PLLC for your free consultation at 832-529-3476.