Nursing Home Residents
Nursing homes, alternatively called retirement homes or assisted living communities, are facilities charged with the care of the elderly. Residents of nursing homes in San Antonio tend to be older with specific health care needs over their peers who live in private homes or with family. Because of this, nursing home residents experience higher incidents of falling and other accidents that result in personal injuries.
There is a reasonable expectation that nursing homes are run by professionally trained staff who will work diligently to care for their residents and prevent accidents from occurring. This is especially true given the significant health care needs most of their residents face. Nursing home residents may require special walking aids or footwear and any exposure to conditions that pose a threat to their well-being should be addressed and ultimately removed.
In San Antonio, some of the conditions that could put nursing home residents at risk are insufficient lighting, dangerous floor surfaces, equipment left in walkways, and faulty bed railings.
In 1987, as a result of numerous reports of neglect and abuse in nursing homes across the country, the U.S. Congress passed legislation making compliance with rules related to quality of care mandatory.
The Nursing Home Reform Acts requires all nursing homes to offer services and related activities for the physical, mental, and psychological benefit of their residents. There is also a requirement for nursing homes who wish to take part in Medicare and Medicaid to follow the same federal laws that apply to facilities providing long term care.
In Texas, there are additional requirements with which nursing homes must comply to maintain their status and participate in Medicare and Medicaid. Even given the strict laws governing the operation of nursings homes and the care they provide to the elderly, problems still arise and they are more widespread than you may realize.
The Center for Disease Control and Prevention (CDC) reports that only about 5% of those age 65 or older are nursing home residents. But, about 20% of all elderly deaths resulting from a fall are nursing home patients. It’s further estimated that nursing home patients suffer about three falls every year and about 35% of those who fall are not even able to walk.
Nursing homes in San Antonio are mandated to train and supervise the nursing home staff properly. Unfortunately, not all nursing homes are properly staffed. In fact most nursing homes are understaffed. The lawyers of Carabin & Shaw will research and investigate whether you or your family have a viable claim against the nursing home.
It is important to understand that there are Texas laws and regulations which govern nursing homes. There are reports and paperwork which must be maintained for all nursing homes in Texas. Many nursing homes do not properly maintain their records and will have attorneys working for them to protect their rights.
When nursing homes fail to properly document staff and occurrences, it can be an attempt to cover up abuse or neglect. When they do this, it can be difficult for an ordinary person to tell that this is what they are doing. You need an experienced attorney to investigate the conduct and procedures of the nursing home.
Nursing home neglect involves the failure of a medical professional or caregiver to provide skilled, reasonable care. If you know of or suspect that nursing home neglect or abuse may have occurred, turn to one of our San Antonio nursing home accident lawyers right away for assistance.
You want to know that you can trust those charged with the care of your loved ones. If they’ve been hurt as a result of negligence on the part of a nursing home in San Antonio, you can call our experienced team of attorneys for help.
At Carabin & Shaw, our attorneys will fight for your loved one’s rights. Call today for a free consultation with one of our lawyers by calling 1.800.862.1260.