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If you have discovered that a family member has been injured, abused, or neglected while in a nursing home or assisted living facility in San Antonio or the surrounding areas, call our law firm. The experienced attorneys at Carabin Shaw can help. Do not let your loved one suffer through nursing home abuse. Nursing home abuse and accidents in San Antonio are among the issues that the lawyers at Carabin Shaw can help you address. To learn more about how Carabin Shaw can help your loved one fight against nursing home neglect, read here.
Texas nursing facility requirements are now located in Title 26, Part 1, Chapter 554 of the Texas Administrative Code, rather than the former Title 40, Chapter 19. Under Section 554.901, a facility must provide treatment and care consistent with professional standards, the resident's assessment, the person-centered care plan, and the resident's choices. Assisted living facilities are governed by separate licensing requirements. When a facility's failure to meet an applicable duty causes an injury, it may be liable for the resulting harm.
Nursing home abuse exists in many forms, which can affect your loved one in a variety of ways. These forms can involve physical abuse, emotional or verbal abuse, financial exploitation, and sexual abuse. Residents with Alzheimer's disease or other forms of dementia can also experience abuse or neglect; "Alzheimer's abuse" is not a separate legal category. Some cases can result in wrongful death. Under Texas wrongful-death law, a wrongful-death action is for the exclusive benefit of the deceased person's surviving spouse, children, and parents. An unmarried partner, distant relative, or person who suffers financial loss does not qualify solely because of that relationship or loss.
Nursing home concerns can involve malnutrition, dehydration, pressure injuries or bedsores, inadequate hygiene, medication errors, inadequate medical services, and preventable accidents. These conditions warrant attention, although an injury or declining health does not automatically establish neglect. If any of these issues affect your loved one in a nursing home, call our team of lawyers at Carabin Shaw to help you navigate federal and state laws and determine whether the facility may be liable.
Concerns about residents being left in soiled clothing or bedding, employees yelling insults, or medications being administered incorrectly should be taken seriously. Medical records, care plans, medication administration records, photographs, and witness accounts can help establish what happened. A specific allegation should be investigated rather than assumed to be proven.
You can report concerns about a Texas nursing home or assisted living facility to Texas Health and Human Services Complaint and Incident Intake at 800-458-9858. If your loved one is in immediate danger or needs emergency medical attention, call 911. Reporting a concern and pursuing a civil claim are separate steps. Texas HHS complaint information.
There are several warning signs that your loved one may be experiencing abuse or neglect. These can involve unexplained weight loss,