Houston Nursing Home Abuse Attorney

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 claim 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, serious problems could exist.

Common Signs of Abuse & Neglect

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

Recognizing abuse early can prevent further harm and secure a safer environment for your loved one. Educating family and friends about potential indicators of abuse can advance early detection efforts. Building relationships with staff and conducting unannounced visits can also be effective tactics. Understanding the nursing home's grievance process and keeping thorough records of any incidents or concerns can support a stronger position should further action become necessary.

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 (903) 829-3877 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.

The Process of Pursuing a Nursing Home Abuse Claim

Understanding the typical steps in a nursing home abuse claim can ease the uncertainty families feel when facing this situation. In Houston, families typically start by gathering records that document signs of suspected abuse, including medical files and notes about incidents. Engaging a dedicated nursing home abuse attorney in Houston ensures that a legal team reviews records efficiently and collects evidence according to Texas laws.

After reviewing the details, the attorney works directly with your family to assess possible violations of state and federal requirements for senior care. This process may involve communication with the Texas Health & Human Services Commission or contacting the Harris County long-term care ombudsman, depending on the circumstances. Families receive ongoing updates about their options, important Texas statute deadlines, and strategies for safeguarding their loved one. Working with a local team means Houston-area families get guidance shaped by current law and community standards.

Statute of Limitations & Unique Texas Rules

Texas law imposes strict deadlines for filing nursing home abuse claims. In most cases, families must file within two years from the date of the incident or when they discovered the harm. In the Houston area, delays may happen if the abuse is not obvious or takes time to detect. An attorney familiar with nursing home abuse cases in Texas can help you understand if any exceptions apply, primarily if the victim's condition affects the timeline.

Texas law also determines who can file a claim, what types of compensation are available, and whether any limits apply. For example, Texas allows punitive damages in some cases but requires clear proof of gross negligence. Consulting a knowledgeable attorney can help local families navigate these rules and meet all deadlines. Acting promptly is key to preserving your rights and gathering strong evidence for your case.

Frequently Asked Questions About Nursing Home Abuse

How Can Houston Residents Report Nursing Home Abuse?

In Houston, residents can report nursing home abuse to the Texas Department of Health and Human Services by calling the hotline or filing a report online. If you feel your loved one is in immediate danger, contacting local law enforcement or emergency services is crucial. Beyond reporting, consulting with a legal professional at The Brothers Law Firm can help navigate the process and ensure your loved one's rights are protected while building a strong stance for corrective and legal action if needed. Having a detailed log of incidents and witnesses can significantly bolster your report.

What Legal Actions Can Be Taken Against Abusive Nursing Homes?

Legal actions against abusive nursing homes can include civil lawsuits seeking compensation for medical expenses, pain and suffering, and punitive damages. In severe cases, criminal charges may be pursued against responsible parties. Working with legal professionals who understand both state and federal regulations allows for effective navigation through complex legal procedures and can lead to meaningful systemic changes within the nursing home's practices. A detailed collection of evidence and witness statements will help support legal claims effectively.

Are There Specific Agencies in Houston That Monitor Nursing Home Conditions?

Yes, the Texas Health and Human Services Commission vigorously oversees the condition and quality of care provided by nursing homes in Houston. They conduct routine inspections and have the authority to impose fines or revoke licenses if necessary. Additionally, local organizations and advocacy groups often work in tandem with official bodies to report potential abuses and ensure facilities adhere to required standards. Engaging with these organizations can provide additional support and information to families concerned about their loved ones’ care.

What Should You Do If a Nursing Home Tries to Restrict Visitation?

If a nursing home attempts to restrict visitation, it is important to understand the legal rights surrounding this action. Texas law generally supports the rights of residents to have visitors. If restrictions are imposed without a valid reason, addressing the issue with the facility management can be the first step. If unresolved, reporting the restrictions to state authorities or consulting with The Brothers Law Firm can provide further guidance to ensure your loved one’s rights are upheld. Document any interactions related to visitation restrictions as part of your records.

Contact Our Houston Nursing Home Abuse Attorney Today

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.

Contact The Brothers Law Firm today to get started with our Houston nursing home abuse lawyer.