Beaumont Nursing Home Abuse Lawyer

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Abuse of residents within care homes in Beaumont Texas

Have you or a loved one been a victim of nursing home abuse? Nursing home abuse lawyers are here to legally assist victims and their family in receiving financial compensation if a senior citizen was injured or neglected by staff or other residents of the assisted living. In Texas, statistics have shown that nearly thirty percent of all nursing homes in this state have been cited for some form of abuse to a resident.

Stay alert to any signs of elder abuse by staff or other residents within the care home

If you are unsure of the way your loved one is being treated in the nursing home by staff, it is advised to look for the following signs while visiting the resident of the nursing home and taking what your they say about their treatment seriously. If anything seems out of the ordinary, it may be best to hire an attorney to conduct an investigation of the assisted living. Keep a look out for:

  • Frequent complaints from victim in which they are not properly being taken care of
  • Passive or emotionless behavior
  • Refusing to eat
  • Bruises or bumps with no explanation
  • Improper hygiene of victim
  • Unexplainable mood swings
  • Dehydration
  • Hesitation to talk openly and disorientation
  • Bed sores
  • Unclean living environment

Laws in Texas regarding abuse or neglect in nursing homes and what victim’s families can do

Laws in Texas state that mental and physical abuse, involuntary seclusion from others in the home, and inappropriate use of residential property is unlawful. Failure to meet these regulations from the state of Texas by staff of these nursing homes can result in consequences ranging from fees, penalties, retribution, to jail time. Victims of abuse or neglect and their families may also file a civil case in which the defendant will pay the compensation towards the elder and their family if they win or reach a settlement.

Elders living in assisted living homes have rights that must be protected by the staff. Failure to respect these rights is abuse and can be brought to court. Residents living in nursing homes have the right to privacy, have their dignity respected and protected, have their preferences listened to and accommodated properly, with a clean environment.

Nursing home staff must ensure residents have with everything they need to avoid any risk and maintain their health

Nursing homes in Texas also have a list of requirements that must be fulfilled in order to keep a legal nursing home operating. These requirements include:

  • Registered nurse on scene seven days a week for at least eight hours a day as well as a physician, dietician, dentist, and a mental health professional.
  • Healthcare that is accommodating of each person’s different health issues.
  • Professional help with social, mental, and physical disabilities
  • Infection control in place in order to prevent spreading or development of disease.
  • Assistance with proper exercises
  • Access to water, a nutritious diet that includes meals and snacks throughout the day
  • Clean environments for the seniors. This means:
  • Linens are changed and washed on a regular basis
  • Kitchen and bathroom are clean at all times
  • Outdoor areas have clear paths, free of obstacles.
  • The floors are swept on a regular basis
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If you or a loved one has a related case, please fill out the form below to schedule a call.

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Robert L. Woods Attorney at Law
Woods Law Firm P.C.
Beaumont, TX
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What a Beaumont nursing home abuse attorney may do for you

Your nursing home abuse lawyer will first schedule a legal case review with you in order to discuss the specifics of your case so that they may develop the most ideal course of action in your case. In this consultation, circumstances surrounding the allegation, history of victim’s nursing home abuse and/or neglect case and the elder’s mental and physical capacities will all be discussed so your lawyer may decide what to act on. When meeting with your lawyer, you have the best shot at winning your case when you are open with the lawyer about information regarding the case and you or your loved one’s health, no matter if this information helps or hurts the case. Be sure to gather all evidence and create a timeline of information to present to your attorney and remember to have patience as legal proceedings can take time until compensation is actually retrieved.

If the assisted living home abuse lawyer believes you have a case, they will then file a lawsuit on the victim’s behalf. In doing this your lawyer will prove:

  • The nursing home had a legal obligation to care for this victim
  • The nursing home failed to meet the needs of its residents and harmed them through negligence or intentional acts of violence.
  • The victim suffered from serious long term or permanent injuries as a result of the harm.

The lawsuit can be filed against the nursing home company, their staff, or another patient of the home. After doing this, your lawyer will then begin an investigation. Nursing home abuse lawyers offer a great amount of assistance as they are experienced and know how the legal system works. The following are ways your lawyer attorney can offer legal assistance in your nursing home abuse case.

  • Gathering information regarding your case, including information you may not have even know you needed. Nursing home abuse lawyers will ensure you have all the information needed to make a strong case.
  • Nursing home abuse lawyers will go through the trouble of filing the case and ensuring it is done properly.
  • Your lawyer has the ability to navigate through federal and Texas state laws.
  • A nursing home abuse lawyer can properly prepare for the discovery phase of the lawsuit.
  • Lawyers may also help in negotiating settlements that may work in favor of both parties to avoid taking matter into civil court.
  • If the parties do not come to a settlement and this lawsuit goes to trial, your attorney will commerce the trial during which the jury or judge will make the decision in this case.
  • Lastly, your lawyer will be able to resolve this case and appeal if necessary.

Contact our law firm for a legal case review if you feel your loved one is at risk of abuse or neglect at the residential home

Obtain a nursing home abuse lawyer as soon as possible to protect the rights of your loved one and to make sure they receive the compensation they deserve for the suffering they have endured in the home. Our law firm knows nothing will ever get rid of the awful time your loved one experienced, but we hope to make the healing process easier and get the justice the patient deserves for this case.

Prevalent traumas caused by abuse or neglect at residential homes in Texas

There are a large number of injuries and health issues that may be caused by nursing home abuse by staff or other residents of the home. Having an attorney can help prove these injuries and retrieve the maximum compensation your loved one deserves for their injuries. It is advised to get into contact with a lawyer as soon as possible once you have noticed something so they can begin investigations as soon as possible. The following are traumas of prevalence caused by the abuse or neglect of either staff in the nursing home or other residents:

  • Dehydration and/or malnutrition, this is caused by the victim not being fed and hydrated properly by the staff of the nursing home.
  • Fall injuries that occur from neglecting or abandoning the patient.
  • Bed sores that arise from improper care and failing to provide proper hygiene to the victim.
  • Seniors not being given all their medication or seniors being overmedicated to the point of disorientation.

If you believe you or a loved one have been a victim of nursing home abuse or neglect, contact our law firm as soon as possible to schedule a free legal case review. It is important to speak with a legal expert fairly quickly after suspecting nursing home abuse as a statue of limitation for these cases exist in the state of Texas. The statute of limitations for nursing home abuse in the state of Texas is two years from the time injuries or negligence was discovered in order for compensation to be retrieved.

Beaumont Nursing Home Abuse Frequently Asked Questions (FAQ)
How long does it usually take to solve a nursing home abuse case?
Once elder abuse is reported to the authorities, the case may take anywhere from four months up to two years to solve. The reason for such a large range of time is all cases are different, some being far more complicated than others. Most of the time, it depends on if the nursing home is willing to settle or if they decide to fight the allegations instead. The more of a dispute there is between parties, the longer the case may take to be solved. Most of the time however, nursing home abuse cases are never brought to court and are ended in settlements between the two parties. Having a lawyer can make sure you are getting the amount you actually deserve for your case. Avoid losing any settlement money and have an attorney present in your case.
What will happen to my loved one during this time?
During the lawsuit, it is advised to move your loved one to a place where they will receive better care and living environment. This can be a stressful thing to do after just taking a loved one from a place of abuse and attempting to find another that will not do the same thing. Nursing home abuse lawyers have the experience and resources needed to find trustworthy nursing homes that will give your loved one the care they need and the peace of mind that you need. Your loved one will be being going somewhere where their rights are respected, and they are being treated in a way they are comfortable with. Ask your attorney what they can do for your loved one upon consultation.
What should I take with me to my consultation?
The consultation is essentially a meeting helping the lawyer to decide if they would be able to help in your case or not. Ensure that you are being specific when explaining your case and answer any questions they ask about the case. It is advised to document the basis behind your nursing home abuse lawsuit so that they may build a strong case. This may include notes and observations of your loved one you have taken over the period of time of their abuse. Having documented information presented to your lawyer can help them organize all of the information easier and quicker. It is also wise to bring photos that can back the claims in which you are making. Take the proper time to prepare for this meeting, ensuring you have all evidence and information needed to help your lawyer build you a strong case that you have a good chance at winning.
Are there limits to compensation for victims of nursing home abuse?
There are no monetary limits on the compensation you may receive from a nursing home abuse case. The victim is entitled to whatever the judge or jury decides to be a fair compensation for the case. However, when a nursing home company has no liability insurance or in some cases limited liability insurance, the victim is limited to their recovery. It is usually impossible if the nursing home is not part of a large corporation for them to be able to satisfy a large judgment. This then makes the lawsuit practically useless. Sadly, it is common for people to inquire about the insurance of a nursing home far too late to be able to do anything about it. Settlements, however, can still be arranged if the nursing home does not have liability insurance. These settlements represent an agreed upon result less than the value of the claim that can still benefit all parties involved.
Can chemical or physical restraints be used on residents of the nursing home?
Chemical or physical restraints can be used to a limited extent only if the reason for their restraint is fully documented and the use is related to a care plan. Some residents of the home may need physical restraints to keep them from injuring themselves if an employee is not in the room. This may be the case for residents who have a high risk of falling out of their bed or while moving from bed to wheelchair. Using physical restraints on these residents is following a fall prevention plan. These restraints are allowed only if they are being used to follow a plan and not used more than it is absolutely necessary. In cases where residents are restrained for long periods of time due to lack of staff to care for them, this is unlawful. Chemical restraints are used in ways to sedate the patient into being less to deal with. This type of restraint must be based on the resident’s actual needs not to the confidence of the nursing home staff. If you begin to notice your loved one seems emotionless, disorientated or confused make sure you asking the home about the medication your loved one is taking to ensure they are not being abused by this nursing home.

Robert L. Woods

Attorney at Law, Woods Law Firm P.C.

About Robert L. Woods

Attorney Robert L. Woods is a retired 21 year police executive. At the time of his retirement he held the rank of Lieutenant. Mr. Woods has a Bachelor of Arts Degree in Criminal Justice and is a member of the Criminal Justice Honor Society. Mr. Woods is also a graduate of the prestigious FBI National Academy, where he specialized in police management, practices, and policies. Mr. Woods advises police departments on police management and police procedures. He is the legal advisor for the Fort Bend County Pct. 2 Constables Office and is a leader in Criminal and Personal Injury Law.

Law Firm Information
Firm: Woods Law Firm P.C.
Address: 2016 Main St.,
Houston, TX 78701
Phone: 1.800.391.0227
Woods Law Firm P.C.
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