You trusted a Houston nursing home to provide care, comfort, and dignity for your family member. Now, you’ve discovered that your loved one has suffered harm from the people you thought would provide competent care. This betrayal of trust has left you feeling angry, heartbroken, and unsure where to turn.
At Bailey & Galyen, we understand the pain and confusion you’re going through. A Houston nursing home abuse attorney from our firm is here to listen to your story with compassion and guide you through the legal process. We’ll fight zealously to hold negligent nursing homes accountable and pursue the compensation your loved one deserves.
Don’t let nursing home abuse continue unchecked. Contact Bailey & Galyen today for a free consultation with one of our caring Houston nursing home injury lawyers. We’ll review your case, explain your options, and help you take the next steps toward justice and healing.
Schedule A Free Consultation Today!
Houston Nursing Home Abuse Guide
- Abuse That Occurs in Houston Nursing Homes
- Signs of Nursing Home Abuse
- What Legal Rights Do Nursing Home Residents Have?
- What Should I Do If I Suspect Nursing Home Abuse or Neglect?
- What Types of Compensation Can You Help Me Receive?
- What’s the Process of Recovering Damages for Nursing Home Abuse in Houston?
- Why Choose Bailey & Galyen to Handle My Houston Nursing Home Abuse Claim
- Frequently Asked Questions About Houston Nursing Home Injuries
- Contact a Houston Nursing Home Abuse Lawyer Now
Abuse That Occurs in Houston Nursing Homes
Nursing home abuse takes many forms, all of which can cause serious harm to vulnerable residents. You should understand the different types of abuse so you can recognize warning signs and take swift action to protect your loved ones.
Physical Abuse: This involves any intentional use of force that causes pain, injury, or impairment. Examples include hitting, pushing, inappropriate restraints, or force-feeding.- Emotional/Psychological Abuse: This type of abuse involves verbal or non-verbal acts that inflict anguish, pain, or distress. This may include yelling, humiliation, isolation, or ignoring the resident’s needs.
- Sexual Abuse: This type of abuse includes any non-consensual sexual contact by a staff member with a nursing home resident, including assault, unwanted touching, or taking explicit photos without consent.
- Financial Exploitation: A claim against a nursing home can be based on the illegal or improper use of a resident’s assets, funds, or property. This might involve theft, fraud, or coercion to change wills or financial documents.
- Neglect: A nursing home’s failure to provide necessary care can lead to harm or risk of harm. This includes inadequate nutrition, hygiene, medication management, or supervision.
- Healthcare Fraud: Nursing homes sometimes engage in practices that exploit residents and their insurance for financial gain, such as billing for services not rendered or providing unnecessary treatments.
Signs of Nursing Home Abuse
Recognizing the indicators of nursing home abuse allows families to intervene quickly and protect their loved ones. While some signs may be subtle, others are more apparent. Be alert for the following red flags:
Physical Signs
- Unexplained bruises, cuts, or fractures
- Bedsores or pressure ulcers
- Sudden weight loss or signs of dehydration
- Poor hygiene or unsanitary living conditions
- Frequent infections or illnesses
Behavioral Changes
- Withdrawal from social activities
- Sudden mood swings or agitation
- Depression or anxiety
- Fear or nervousness around certain staff members
- Regressive behaviors like rocking or thumb-sucking
Financial Irregularities
- Unexplained withdrawals from bank accounts
- Missing personal belongings or valuables
- Sudden changes to wills or power of attorney documents
- Unpaid bills despite adequate financial resources
Staff Behavior
- Reluctance to leave the resident alone with staff
- Evasive or inconsistent explanations for injuries
- Delays in seeking medical treatment for injuries or illness
- Preventing residents from speaking privately with visitors
If you notice any of these signs, take them seriously and contact an attorney to investigate them further. Document your observations, speak with your loved one if possible, and work with a lawyer to report your concerns to the appropriate authorities and hold the nursing home accountable.
What Legal Rights Do Nursing Home Residents Have?
Both federal and state law provide fundamental rights and protections for nursing home residents. These regulations aim to ensure dignity, quality care, and freedom from abuse for all residents. Families should familiarize themselves with these rights to advocate effectively for their loved ones.
Federal Law
The Nursing Home Reform Act of 1987 establishes a comprehensive set of residents’ rights, including:
- The right to freedom from abuse, neglect, and exploitation
- The right to privacy and confidentiality
- The right to participate in one’s own care plan
- The right to voice grievances without fear of retaliation
- The right to be treated with dignity and respect
Texas State Law
Texas Health and Safety Code Chapter 242 further defines the rights of nursing home residents, including:
- The right to choose their own physician
- The right to manage their personal finances
- The right to access their medical records
- The right to refuse treatment
- The right to communicate privately with anyone they choose
Additional Protections
Federal and state law also provides other important protections for nursing home residents:
- The right to be free from unnecessary physical or chemical restraints
- The right to participate in social, religious, and community activities
- The right to a safe and clean living environment
- The right to be informed about services and fees
- The right to receive visitors at any reasonable hour
Nursing homes must provide written information about these rights to residents and their families upon admission. They’re also required to post this information prominently within the facility.
Understanding your loved one’s rights empowers you to realize when something’s wrong and take action. A qualified nursing home injury attorney can help you assert these rights and vigorously advocate for your family members to obtain justice and compensation.
What Should I Do If I Suspect Nursing Home Abuse or Neglect?
If you see or suspect nursing home abuse, you must act immediately. Important steps to take include:
- Ensure immediate safety: If you believe your loved one faces imminent danger, contact local law enforcement or emergency services right away.
- Document everything: Keep detailed records of any signs of abuse, including dates, times, descriptions of incidents, and photographs of visible injuries.
- Report the abuse: File a complaint with the Texas Department of Health and Human Services. You can do this online, by phone, or by mail.
- Speak with the nursing home administration: Express your concerns to the facility’s management and request a written plan of action to address the issues.
- Consider relocation: If you feel your loved one remains at risk, explore options for transferring them to a different facility.
- Get your loved one medical attention: Have a doctor examine your family member to document any injuries and provide necessary treatment.
- Contact an attorney: Consult a Houston nursing home injury lawyer to understand your legal options and protect your loved one’s rights. An attorney can also assist with investigating and reporting the abuse to the proper authorities.
Throughout the process, offer reassurance and comfort to your loved one. Stay vigilant and monitor the situation closely—keep in close contact with your attorney and get regular updates about the status of your case. You may also contact organizations that advocate for nursing home residents’ rights to learn about additional resources and guidance. This can help raise awareness of the situation and prevent future occurrences.
What Types of Compensation Can You Help Me Receive?
When your lawyer helps you successfully navigate a nursing home abuse case in Houston, you could receive various forms of compensation, including:
Reimbursement for any resulting medical expenses- Compensation for physical pain and emotional distress the mistreatment caused
- Damages for psychological trauma, anxiety, depression, or other mental health impacts of the abuse.
- Additional compensation if the abuse resulted in permanent physical changes or limitations.
- Damages for diminished quality of life and inability to participate in previously enjoyed activities.
If abuse or neglect led to your loved one’s death, you may qualify to bring a wrongful death action against the facility, the staff involved, and potentially other parties. A lawyer can determine whether you’re eligible and walk you through the process.
In cases of particularly egregious misconduct or intentional harm, the court may award additional damages to punish the wrongdoer and deter similar behavior. Punitive damages are not common, but they can send a clear message and form a significant portion of your award package.
Our attorneys at Bailey & Galyen will thoroughly evaluate your case to identify all potential areas of compensation. We’ll work diligently to build a strong claim and pursue the maximum recovery possible for your loved one’s suffering.
What’s the Process of Recovering Damages for Nursing Home Abuse in Houston?
Pursuing compensation for nursing home abuse involves several steps:
- You will meet with an attorney to discuss your case and determine if you have grounds for a claim.
- Your lawyer will gather evidence, including medical records, witness statements, and facility documentation.
- Your attorney will prepare and file a formal complaint against the responsible parties.
- Your attorney may consult medical professionals and industry experts to strengthen your case.
- Your lawyer will attempt to reach a fair settlement with the nursing home’s insurance company.
- If needed, a neutral third party may help facilitate negotiations between both sides.
If the insurance company or nursing home’s legal counsel won’t negotiate a fair settlement, your attorney will prepare your case for court. At trial, they will present your case before a judge or jury, who will determine liability and damages. If warranted, either side may appeal the court’s decision.
Once you accept a settlement or the court awards you damages, your attorney will facilitate the process of getting your compensation and cutting you a check.
Why Choose Bailey & Galyen to Handle My Houston Nursing Home Abuse Claim
Selecting the right attorney to represent your family in a nursing home abuse case significantly affects your chances of a favorable outcome. Bailey & Galyen offers several advantages that set us apart:
Our attorneys have a proven track record of successfully handling nursing home abuse cases in Houston and throughout Texas. We have more than 40 years of collective experience and have recovered hundreds of millions of dollars in verdicts and settlements for our clients.- We provide caring, personalized attention to you and your case. You’re not just another case number but a person who is hurting and in need of top-tier legal guidance.
- Our firm has the financial resources and professional connections to thoroughly investigate and build strong cases. While we strive to reach fair settlements, we’re always prepared to take your case to trial if necessary.
- We have several board-certified attorneys on staff, and many of our lawyers have earned national recognition and awards for their outstanding legal abilities and client service.
At Bailey & Galyen, we work on a contingency fee basis. You pay nothing upfront or anything out of pocket for us to handle your case. We only receive attorney fees if we recover damages for you.
Since we have a law office in Houston and have served the area for decades, we know the local courts and procedures and have strong relationships with legal professionals in the area. We can handle your claim effectively and use our resources to help you get the most from your nursing home injury claim.
Frequently Asked Questions About Houston Nursing Home Injuries
How long do I have to file a nursing home abuse lawsuit in Texas?
In most cases, you have two years from the date of the injury or discovery of the abuse to file a lawsuit. However, exceptions exist, so consult an attorney promptly.
What if my loved one signed an arbitration agreement with the nursing home?
While arbitration agreements can complicate matters, they’re not always enforceable. An experienced attorney can review the agreement and explore your options.
Can I sue the nursing home if a staff member abused my loved one?
Yes, nursing homes are generally responsible for their employees’ actions. You may have a claim against both the individual and the facility.
What if my loved one has dementia and can’t testify about the abuse?
While a resident’s testimony can be helpful, it’s not always necessary. We can build a case using medical records, witness accounts, and other evidence.
How long does a nursing home abuse case typically take?
The duration varies depending on the complexity of the case and whether it settles or goes to trial. We’ll work to resolve your case as efficiently as possible while still ensuring you and your loved one get all you need to recover from the incident.
Contact a Houston Nursing Home Abuse Lawyer Now
Your loved one deserves justice and protection from further harm. The experienced Houston personal injury attorneys at Bailey & Galyen are ready to fight for their rights and pursue the compensation they deserve.
Don’t let nursing home abuse continue unchecked. Contact our Houston office today at 281-612-5210 for a free, confidential consultation. We’ll listen to your story with compassion, explain your legal options, and help you take the next steps toward holding negligent facilities accountable.
Remember, time limits apply to filing nursing home abuse claims in Texas. The sooner you reach out, the better we can protect your loved one’s rights and build a strong case.
Bailey & Galyen Attorneys at Law – Houston Office
18333 Egret Bay Blvd Ste 333
Houston, TX 77058
Phone: 281-771-1725
