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How to Prove Nursing Home Negligence: Brownsville Elder Abuse Attorneys

The decision to place a loved one in a nursing home is often difficult. Whether your family member needs round-the-clock medical care that you are unable to provide or you live too far away to provide care, the decision can leave you feeling worried or even guilty despite your best intentions. If you suspect your loved one has been neglected or abused while in the care of a Brownsville nursing home, read on to find out if hiring a lawyer makes sense for you.

Nursing Home Abuse and Neglect

The Texas Civil Practice and Remedies Code provides standards that nursing homes must maintain for their elderly residents. There are staffing requirements and standards for hygiene, nutrition, and medical care of residents. When a nursing home fails to meet these standards and requirements, they are engaging in a form of malpractice commonly known as elder abuse (sometimes called senior abuse). When you hear the term elder abuse, you might think about things like physical and sexual abuse, but other common forms of elder abuse include:

  • Insufficient staffing
  • Mental or verbal abuse
  • Failure to provide adequate medical care and nutrition
  • Failure to maintain hygienic conditions resulting in bed sores and other hygienic concerns
  • Neglect resulting in elderly residents falling or breaking bones

If your loved one has suffered from any form of elder abuse that has resulted in harm or even death, you may need to hire a lawyer to file a nursing home negligence lawsuit to protect your elderly family member and hold the nursing home responsible.

Criminal and Civil Remedies for Elder Abuse

If your elderly relative lives in a nursing home and exhibits signs of abuse or neglect, you should first call the Texas Department of Aging and Disability Services (DADS), the state agency responsible for enforcing nursing home standards and regulations. Elder abuse and neglect are criminal actions, and the first step in deterring the nursing home from future abuse or neglect is to report it to the appropriate authorities at DADS. After you’ve reported the abuse of your loved one, you may wonder, is there a nursing home abuse lawyer near me? In Brownsville, an expert attorney at Carabin Shaw will walk you through the options you have to hold the nursing home financially accountable with a civil lawsuit as well.

Signs of Elder Abuse and Neglect

If you’re wondering how to prove nursing home negligence, Brownsville elder abuse attorneys are experts in this area of law. Your family member may report abuse or neglect directly to you if they are able to, but many are not. If you suspect that your elderly family member has been abused or neglected, there are many signs to look for. When you hire a nursing home abuse lawyer, Texas laws pertaining to proving abuse or neglect will be explained to you in detail, but some common things to watch for are:

  • Frequent or unexplained cuts, bruises, or bed sores
  • Depression
  • Sudden weight loss
  • Abrupt changes in mental state

Elder abuse lawyers in Brownsville will help you navigate the law and investigate your family member’s nursing home and its staff. You and your attorney will make the final decision about filing an elder abuse or neglect lawsuit.

Another thing to keep in mind is the statute of limitations on filing a suit. Statutes of limitations vary depending on where you live and the type of suit you’re filing. Most medical malpractice claims have a statute of limitations of two years in Texas, but be sure to consult a Brownsville attorney for more specific information. Certain factors, such as whether the abuse is ongoing, can affect when the clock starts ticking on the statute of limitations in your situation.

Free Initial Consultation with a Carabin Shaw Attorney

If you have an elderly family member who is being abused or neglected in a nursing home, contact the Brownsville elder abuse lawyers at Carabin Shaw today at 800-862-1260 and receive a free consultation.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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