Experienced Nursing Home Abuse Attorney in Houston

If you have an elderly loved one in a Texas nursing home, you know just how emotional and difficult the decision to place them in the home was—and how difficult it can be for your loved one. Giving up independence and autonomy is never easy, nor is it easy for family members to trust that strangers will provide the necessary care for a vulnerable senior. All too frequently, nursing homes and their staff betray the trust placed in them, causing injury, pain, and loss of dignity to the elderly in their care.

Abuse, neglect, negligence, and indifference can all cause serious, lasting damage to seniors. At The Brothers Law Firm, we have a deep understanding of the devastation which occurs when senior abuse is discovered. We are fiercely protective of the rights and health of seniors in Texas, Ohio, and nationwide; we will aggressively pursue compensation and justice for those who have suffered nursing home abuse and neglect. We work closely with the family of these seniors to ensure their loved ones receive the care and respect they deserve.

Why You Should Choose The Brothers Law Firm for Nursing Home Abuse

There are many reasons you should choose The Brothers Law Firm if you have discovered that your loved one is a victim of nursing home abuse. While we understand that you have many choices when considering a nursing home abuse attorney, we also believe that once you have spoken with attorney John Brothers, your choice will be clear. The Brothers Law Firm has many testimonials from satisfied clients and a long history of helping Houston victims and their families achieve justice.

John Brothers has an extensive history of fighting for the rights of personal injury and medical malpractice victims, including nursing home abuse victims. As a native Texan, John began focusing on personal injury and medical malpractice cases in his second year of law school at the University of Houston. John simultaneously clerked for two Houston medical malpractice and personal injury law firms while continuing his education and once he graduated from law school, he was hired by one of those firms. In 2013, John was recruited as a partner in one of the largest medical malpractice firms in the state of Texas.

Attorney John Brothers is widely trusted by clients and their families. His integrity and small-town values have ensured his clients and peers value his skills, professionalism, and success in complex legal matters. If you need a champion who will tirelessly seek justice on your behalf, John Brothers and The Brothers Law Firm should be your next phone call.

How Common is Nursing Home Abuse?

Nursing home abuse and neglect, unfortunately, occur much too often, however, nursing homes and assisted living facilities to fulfill a vital need in the United States. With a population that is living longer and longer and a society that cannot fully meet the needs of their own elderly, many of our most vulnerable people suffer serious harm as a result of neglect or abuse in a senior care facility. The state of Texas has specific laws that regulate the operation of nursing homes, yet there remain far too many occurrences of neglect and abuse. Many instances of nursing home neglect either go unnoticed or are overlooked in the belief the deteriorating condition of an elderly loved one is due solely to the aging process.

A 2017 article in the Austin Chronicle found that 25 percent of the state’s 1,200 long-term care facilities have received citations for serious deficiencies. Many claims of abuse and neglect were asserted; in one case a 90-year-old woman claimed that when she wet the bed, an employee would flip her over and strike her repeatedly on the backside. In fact, according to the article, while health standard violations found in nursing homes across the country are declining, in Texas those numbers are increasing.

Between 2010 and 2014, severe infractions at nursing homes across the nation decreased by 16 percent, severe infractions at Texas nursing homes increased by three percent. Families for Better Care (advocates for nursing home care), ranked Texas nursing homes at a dismal 51 out of 51, giving them a grade of “F” overall. More recently, Texas was rated third for worst nursing home care, behind New Mexico and Kentucky. While there are very good nursing homes in Texas, there are also many with serious problems. Many of the cited nursing homes are repeat offenders, yet Texas officials rarely impose significant penalties on these facilities.

According to the National Center for Elder Abuse, it is believed that at least 10 percent of seniors experience physical abuse, psychological abuse, verbal abuse, sexual abuse, financial exploitation, or neglect, although most experts believe that number is actually much higher, due to the fact that many seniors do not report the abuse or neglect. A New York Elder Abuse Prevalence Study claims that for every case of abuse or neglect reported, another 24 go unreported. Many elderly nursing home patients are afraid if they report abuse or neglect, no one will believe them, and the perpetrator will increase the abuse. Other elderly patients are unable to verbalize the abuse or neglect, and, in fact, elderly patients with disabilities or dementia are the most likely to be abused and neglected.

Risk Factors for Nursing Home Abuse

The National Center for Elder Abuse found a number of factors that might make an elderly person more at risk of becoming a victim of abuse or neglect. These factors include:

• Lower levels of social support;
• Poor physical health;
• Functional impairment;
• Previous traumatic events, including domestic violence;
• Dementia;
• Female, and
• Lower economic resources.

How Do I Know if My Loved One Is a Victim of Nursing Home Abuse?

Remember—nursing home abuse can either be from the intentional act of an employee or neglect. Neglect is the failure to provide an elderly person with the services and care necessary, including food, hydration, clean bedding and clothing, and prescribed medications as well as leaving a chair or bed-bound individual alone and unable to change positions for long periods.

Neglect, in its most extreme forms, can rise to the level of abuse. Abuse may be physical or verbal and can include kicking, slapping, pinching, pushing, shaking, or beating along with verbal threats and emotional abuse. Lack of proper care for existing medical problems and the use of physical restraints, seclusion, chemical restraints, and psychotropic medications (not prescribed by the individual’s physician) are also forms of nursing home abuse. Having an experienced nursing home abuse lawyer will ensure your nursing home abuse case is handled correctly and that justice is served.

Such issues as understaffing, inadequate facility maintenance, insufficient staff education and training, and failure to thoroughly screen candidates can result in nursing home abuse and neglect. Looking back, many people can see that there were signs of neglect and abuse of their loved one which they failed to see—a realization which can later be extremely painful. If your loved one shows evidence of rapid or extreme weight loss, malnutrition may be present. If you notice that messes are left for long periods of time, this could be a red flag. If your loved one appears unkempt or you notice a lack of hygiene, abuse or neglect could be occurring.

Any injury present in your loved one such as a bruise or fracture is definitely cause for concern as are the appearance of bedsores or pressure ulcers. If your loved one appears frightened and refuses to tell you why, there could be abuse taking place If you note an overall lack of cleanliness at the facility, this is likely another flag for potential abuse and neglect of residents. If you notice any type of inappropriate restraints used on the nursing home residents, your loved one is missing personal property, or there is a failure on the part of the staff to clearly communicate changes in your loved one’s health, a serious problems could exist.

At The Brothers Law Firm, we represent seniors and their families, for injuries caused by nursing home abuse and neglect. While it is not always easy for family members to recognize the signs of abuse and the injuries associated with abuse and neglect, they include:

• Clear malnutrition or dehydration
• Any signs of restraints being used, such as marks on the wrists and ankles
• A formerly communicative loved one who is suddenly withdrawn and unwilling to talk to you
• A loved one who does not want to talk in front of the nursing home staff
• Unclean or unsanitary conditions, especially dirty bedding and clothing
• A facility that is not being cleaned regularly and has an overall appearance of being unkempt
• Sudden changes in behavior, including reverting to child-like behaviors like rocking or sucking or a sudden fear of being touched
• A loved one who appears heavily medicated or sedated without a valid reason
• Frequent illnesses that are not reported to the individual’s physician and family members
• Signs of sexual abuse
• The refusal of nursing home staff to allow family members to visit with their loved one alone

What Evidence is Crucial in Building a Nursing Home Abuse Case?

In order to prove nursing home abuse, you must have strong, documented evidence. While each case is different, the following types of evidence can help you build a strong claim against a nursing home that has abused your loved one.

• The testimony of another person who has witnessed firsthand the abuse against your loved one can significantly boost the credibility of your nursing home abuse claim. Your attorney can take sworn statements from any witnesses to the abuse. Potential eyewitnesses include your loved one’s regular doctor, a visiting family member who witnessed abuse, a staff member, the roommate of your loved one, or another nursing home resident. If your loved one is clear-minded and coherent, he or she can also speak for themselves about the abuse.
• If you notice any signs of abuse when you visit your loved one, take photographs and write down the details so they won’t be forgotten. A video of actual abuse would, of course, greatly benefit your case, but it would (understandably) be difficult to watch a loved one being abused and not immediately intervene.
• State laws usually require long-term care facilities to keep detailed records of the care each nursing home resident receives. These records can show whether injuries were noted and addressed, how often a resident received attention from staff members, and can potentially indicate patterns of abuse that align with specific staff members on duty during that time.
• Keycard data will show who visited your loved one and when; your attorney will note anything out of the ordinary (i.e. someone who had no reason to visit your loved one) from this keycard data.
• Records requests by your attorney to the nursing home could answer many questions, including whether the nursing home conducted thorough background checks on all employees, whether there is a proper staff-to-resident ratio, and whether the nursing home meets the state’s minimum requirements. Records of the facility can also indicate whether the nursing home has had abuse allegations or lawsuits in the past.
• The medical records of your loved ones can point to a major traumatic event, whether physical or emotional by documenting new symptoms that appear without an obvious cause, unexplained physical injuries, a sudden deterioration in mental health, bedsores, signs of overmedication, or a significant weight loss.

What to Do If You Suspect Texas Nursing Home Abuse

If you suspect nursing home abuse or neglect, your first step might be to speak to the director of the nursing home. If you do not feel this conversation corrected the situation, you can call (800) 458-9858 to report suspected abuse or neglect of the elderly or those with disabilities. If you feel your loved one is in immediate danger, call 911 and report the abuse. It can also be extremely beneficial to contact a nursing home attorney from The Brothers Law Firm who can help guide you through the reporting process.

It is crucial that you have as much documentation of the nursing home abuse as possible to assist your attorney in filing a nursing home abuse claim. Adult Protective Services in the state of Texas also investigates abuse, neglect, and exploitation of adults who are elderly and who may be being abused in a nursing home. Contacting a nursing home abuse attorney from The Brothers Law Firm can be extremely beneficial. Our attorney will guide you through the entire process, beginning with reporting, and continuing throughout.

Justice for Our Most Vulnerable Citizens

At The Brothers Law Firm, we are absolutely committed to pursuing justice for seniors and their families. When you meet with us, we will comprehensively evaluate the facts of the abuse or neglect, analyze the medical records of your loved one, and gather all necessary evidence. We will fight for you and your loved one every step of the way, with compassion and an unwavering commitment to justice.

At The Brothers Law Firm, we are compassionate and dedicated and have full knowledge of how difficult it is to entrust your loved one to another’s care. When that trust is betrayed, you may not know where to turn for help. We believe your loved one deserves the benefit of a comprehensive investigation into the history of the nursing home in question as well as the care—or lack of care—provided to residents on a regular basis. To arrange for a free initial consultation with a Texas nursing home abuse lawyer, contact The Brothers Law Firm at (281) 491-3635