The Law Offices of CHARLIE WATERS 

Representing the Seriously Injured & Victims of Wrongful Death Since 1981

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2909 Cole Avenue | Suite 118 | Dallas, Texas 75204 | E| charlie@charliewaterslaw.com | P| 214-742-2223

Copyright © 2019 Charlie Waters. Dallas Personal Injury Attorney. All rights reserved.

Information contained herein is intended to be informative only and does not constitute legal advice. Please consult an attorney if you feel you need legal counsel or guidance.

Nursing Home Negligence

“Anyone with a loved one in a nursing home or assisted living facility wants to believe their family member is receiving excellent care. Unfortunately, nursing home abuse and neglect doesn’t just occur, it occurs regularly.”
   
-Charlie Waters

Placing a loved one in a nursing home or assisted living facility can be one of the most difficult decisions a family member can make. When a facility is ultimately selected that we think can give the kind of care an elder family member needs, we hope and trust that our family member will be fully and appropriately taken care of.  Sadly, nursing home abuse and neglect are common occurrences, and many cases go unreported. When such abuse or neglect occurs, at the Law Offices of Charlie Waters our goal is not only to obtain full compensation for the nursing home resident, their estate or their family members, but to also strongly deter the involved nursing home and other nursing homes in Texas from engaging in similar conduct in the future.

 

Nursing homes are licensed facilities and subject to oversight and regulation by state and federal agencies. Nursing home liability is substantially governed by Chapter 242 of the Texas Health and Safety Code. Recent changes, however, in Texas law placing limits on certain damages and restricting the admissibility of certain evidence have made nursing home negligence, abuse and neglect cases more difficult to successfully pursue. An experienced Nursing Home Negligence Lawyer, Nursing Home Abuse Lawyer or Nursing Home Neglect Lawyer should be intimately familiar with the Texas Health and Safety Code and the recent changes in Texas law that govern and affect these types of cases. We are familiar with current Texas law in this area and can provide you and your family an appropriate legal assessment of your situation.

We investigate potential lawsuits on behalf of Texas nursing home residents and assisted living facility residents who have been physically injured by or have died as a result of the following types of abuse and neglect;

 

Abuse – Not just battery or other physical contact, abuse can also refer to force-feeding, over-medication and excessive use of chemical or physical restraints. Mental abuse and related mental anguish can include verbal degradation or threats, isolation and emotional manipulation. Sexual abuse/assault in a nursing home can occur when the resident is forced or tricked into unwanted sexual contact or when the individual is too weak or ill to give consent. Such abuse/assault can occur through the actions of a staff member, another resident, visitor or stranger.

 

Neglect – Neglect in general refers to the failure of a senior’s caretaker to execute the degree of care expected from a person in their position. Some of the most common forms of nursing home neglect include failure to assist with personal hygiene; failure to provide ample food, clothing or shelter, failure to provide appropriate medical treatment, failure to address health and safety hazards and failure to acknowledge and remedy unsanitary conditions.

Nursing homes and assisted living facilities can also be held liable for injuries and deaths resulting from:

  • Negligent Hiring of Staff

  • Negligent Retention of Staff

  • Understaffing

  • Inadequate Staff Training

  • Third Party Activities that Cause Harm

  • Dangerous Premise Conditions

  • Medication Errors

Often, nursing home residents simply don’t want to complain, are afraid of retribution by staff personnel or are too ashamed to come forward and tell anyone of the hardships they are experiencing. Accordingly, it is important that families of Texas nursing home residents keep a close eye on their loved ones and seek legal counsel immediately if they believe that injury-related abuse or neglect has occurred.

Signs of abuse or neglect can include:

  • Unexplained signs of injury such as bruises, welts or scars

  • Broken bones, sprains or dislocations

  • Broken eyeglasses or frames

  • Signs of being restrained, such as rope marks on wrists

  • Caregiver’s refusal to allow you to see the elder alone

  • Unusual weight loss, malnutrition or dehydration

  • Behavior in the elder that looks like dementia, such as rocking, sucking or self-mumbling

  • Bruises around breasts or genitals

  • Unexplained vaginal or anal bleeding

  • Torn, stained or bloody underclothing

  • Threatening, belittling or overly controlling caregiver behavior that you witness

If you suspect abuse or neglect has occurred or is occurring to your loved one in a nursing home or assisted living facility that has resulted in physical injury or death, contact our office immediately for a free consultation. We care about the quality of life your elder family member is experiencing and will hold those who do not, fully accountable under the law.

All consultations are free.