It’s heartbreaking to consider the physical injuries that our vulnerable family members may suffer at the hands of those responsible for their care. But with the help of a Fort Worth nursing home abuse lawyer from The Wilhite Law Firm, you have the power to seek justice for the nursing home abuse of a loved one in Fort Worth. We understand the urgency and sensitivity of nursing home abuse claims and will build a case to hold the responsible parties accountable.
Let our Fort Worth personal injury lawyers help you take the first step toward securing the safety and well-being your loved one deserves. Contact us today for a free consultation to get your personal injury cases started.
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What Are Common Examples of Nursing Home Abuse in Fort Worth?
It’s essential to understand the different types of nursing home abuse so you can protect your loved one and take action against responsible parties.
Nursing home abuse may fall into any of the following categories:
Physical abuse – This type of abuse involves using force to harm or injure a resident. It includes hitting, slapping, pushing, or any other physical assault.
Psychological abuse – Psychological abuse is the attempt to cause emotional pain and distress through verbal assaults, threats, harassment, and isolation from social activities.
Sexual abuse – Sexual abuse includes any non-consensual sexual contact or activity with a nursing home resident. This can include unwanted touching, sexual assault, or coerced nudity.
Financial exploitation – This occurs when someone illegally or improperly uses a resident’s money, assets, or property. It can include theft, fraud, or unauthorized credit card use.
Neglect – Neglect happens when caregivers fail to meet residents’ basic needs. This can involve providing inadequate food, water, hygiene, or medical care, including necessary medications.
What Are Some Signs of Nursing Home Abuse to Look For?
Abuse takes many forms, and the signs can vary depending on the type of mistreatment. If you see any of the following indicators of nursing home abuse, act quickly to address the situation and reach out to a Fort Worth attorney.
Signs of elderly physical or sexual abuse may include:
Unexplained burns, bruises, cuts, injuries, fractures, or infections
Torn, stained, or bloody clothing or bedding
Fear or discomfort around certain staff members
Common signs of elderly psychological abuse include:
Withdrawal from social activities
Sudden changes in behavior or mood
Depression, anxiety, or fearfulness
Confusion or disorientation
Isolation from family or friends
Signs of elderly neglect can involve:
Sudden weight loss, malnutrition, or dehydration
Poor personal hygiene
Bedsores
Signs of overmedication or under-medication
Dirty or unsafe living conditions
Lack of proper clothing or footwear
Untreated medical conditions
Signs of elderly financial abuse may include:
Missing personal belongings or money
Changes in legal documents, such as wills
How Common Is Nursing Home Abuse?
Nursing home abuse is tragically common. Studies of nursing home residents in 2021 showed that 44 percent of residents have experienced abuse, while 95 percent have experienced or witnessed neglect. One survey of elder abuse suggests that nursing homes and other long-term care facilities have some of the highest rates of elder abuse, a problem likely worsened by industry-wide staffing shortages. The most common reports of elder abuse include physical abuse (29 percent), resident-to-resident abuse (22 percent), gross neglect (14 percent), financial abuse (7 percent), and sexual abuse (7 percent).
The same study revealed that 40 percent of staff admitted to committing psychological abuse, such as yelling, swearing, inappropriate isolation, and denial of food privileges. Another study found that 50 percent of staff mistreated older patients, with 17 percent of certified nursing assistants (CNAs) pushing or shoving residents, 23 percent swearing at residents, and 51 percent yelling at them. Contact our Fort Worth nursing home abuse attorney today.
Who Can Be Held Liable for Nursing Home Abuse?
Depending on the circumstances, several parties can be responsible for injury victims of nursing home neglect and abuse, including:
Nursing home staff – Caregivers, such as nurses, aides, and orderlies, are the parties most directly responsible for committing abuse. However, their actions are often only symptoms of a larger problem, such as a lack of proper safeguards in nursing home facilities.
Nursing home administrators – Administrators are responsible for hiring, training, and supervising staff. They can be liable if they fail to implement proper safeguards or ignore signs of abuse.
Facility owners – Nursing homeowners can bear liability if they cut corners on staffing, training, or maintenance to save money, creating an environment where abuse can occur.
Contracted service providers – Third-party companies that provide services like cleaning, food preparation, or security can be liable if their employees engage in abusive behavior or neglect.
Other residents – Resident-on-resident abuse is another issue facing nursing homes. Facilities can be liable if they fail to supervise and separate residents who are dangerous to others.
What Types of Damages May Be Available in a Fort Worth Nursing Home Abuse Lawsuit?
Your loved one may be eligible for compensation based on the harm they suffered due to nursing home abuse. Depending on the circumstances of personal injury, this compensation could cover:
The decrease in the resident’s quality of life and ability to enjoy daily activities
Necessary relocation costs if the resident needs to move to a new facility
The costs of physical or psychological rehabilitation services required to recover from the abuse
Wrongful death compensation if the abuse results in the resident’s death
Punitive damages may also be available in rare cases involving extreme neglect or intentional harm. These financial awards aim to punish wrongdoers and deter similar actions in the future rather than compensate the victim for what they have suffered. Our own nursing home abuse attorneys are here to assist you in our Fort Worth office.
Is There a Deadline for Filing a Fort Worth Nursing Home Abuse Lawsuit?
In Texas, you have two years to file a nursing home abuse lawsuit. If you try to sue the nursing facilities after the two-year filing deadline, the court will likely dismiss your case, and the abusers will go unpunished.
You can demand justice by contacting a nursing home abuse lawyer in Fort Worth immediately. Your attorney can gather relevant evidence yourself, speak to witnesses, and manage all the paperwork for your case promptly and efficiently so you avoid missing essential deadlines.
Contact a Nursing Home Abuse Attorney in Fort Worth
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A Texas native, Rob is the firm’s Managing Partner in charge of Litigation, overseeing all the firm’s cases. He has guided numerous cases to noteworthy conclusions for his clients, including a $9 million recovery for a defective product.