Nursing home abuse can cause serious physical injuries and emotional trauma. If your loved one was mistreated in a nursing home, an El Paso personal injury lawyer can help you seek damages.
The attorneys at Jenner Law have over 70 years of combined experience. Our nursing home abuse lawyers in El Paso can help you file a claim and pursue compensation. Reach out today to get started with a free consultation.
How an El Paso Nursing Home Abuse Lawyer Can Help
An El Paso nursing home abuse lawyer can assist with every aspect of your legal claim. More specifically, a lawyer can:
- Investigate the suspected abuse or neglect: A lawyer can gather records, interview witnesses, and collect other types of evidence to prove what happened and who is liable.
- Calculate damages: A lawyer can assess your family’s economic and non-economic losses and calculate your claim’s value.
- Handle communications: A lawyer can communicate with the facility and its insurance representatives on your family’s behalf and attempt to negotiate a fair settlement.
- Pursue a lawsuit: If settlement negotiations are unsuccessful, a lawyer can help you take your case to court.
For a free legal consultation with a nursing home abuse lawyer call,
(888) 585-2188
What Types of Compensation Can You Pursue?
The damages available in a nursing home abuse case depend on the circumstances of the mistreatment and the losses your family has suffered. You may be able to recover compensation for:
- Medical expenses: You can pursue compensation for emergency treatment, hospitalization, physician visits, medication, rehabilitation, and other necessary medical care for your loved one.
- Future medical care: If your loved one requires ongoing treatment because of the abuse or neglect, you may receive compensation for future medical expenses.
- Pain and suffering: You may be able to recover damages for physical pain and emotional distress caused by the mistreatment.
- Disability and impairment: Additional compensation may be available if abuse or neglect causes permanent limitations or affects your loved one’s ability to function independently.
- Disfigurement: You can seek damages for permanent scarring, burns, or other changes to your loved one’s appearance.
- Loss of quality of life: If the abuse affects your loved one’s ability to participate in activities and enjoy daily life, additional damages may be awarded.
- Wrongful death: If nursing home abuse or neglect contributes to your loved one’s death, you may have grounds for a wrongful death lawsuit.
- Punitive damages: If the defendant acted with fraud, malice, or gross negligence, you may be awarded punitive damages.
How Long Do You Have to File a Nursing Home Abuse Claim in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you typically have two years from the date the abuse or injury occurred to file a nursing home abuse lawsuit in Texas. If the abuse was hidden or could not have been reasonably noticed right away, the two-year clock may start on the date the injury or neglect was discovered (or should have been discovered).
If your loved one passes away due to abuse or neglect, you generally have two years from the date of their death to file a wrongful death lawsuit.
Missing the applicable deadline can jeopardize your ability to pursue compensation, which is why it’s important to contact a nursing home abuse attorney in El Paso as soon as you discover abuse.
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What Evidence Can Prove Nursing Home Abuse?
We may be able to detect nursing home abuse by collecting evidence from sources such as:
- Nursing home care plans
- Medication administration records
- Medical records
- Incident reports
- Staffing records
- Employee training records
- Inspection reports
- Internal facility communications
- Surveillance footage
- Photographs and videos
- Witness statements
- Billing records
- Documentation of previous complaints
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Common Types of Nursing Home Abuse
Nursing home resident abuse occurs when a resident is intentionally harmed or mistreated by someone responsible for their care or another person with access to the facility. Abuse can take several forms, including:
- Physical abuse: Hitting, kicking, pushing, grabbing, restraining, or otherwise intentionally causing physical harm can constitute physical abuse.
- Emotional abuse: Threats, intimidation, humiliation, insults, harassment, and deliberately isolating a resident can cause significant emotional harm.
- Sexual abuse: Any unwanted sexual contact or sexual activity involving a nursing home resident can constitute sexual abuse.
- Financial exploitation: Taking money or property from a resident, manipulating financial decisions, or using a resident’s funds without authorization can constitute financial abuse.
- Neglect: Failing to provide necessary food, water, hygiene, medication, medical attention, supervision, or other care can place a resident at serious risk.
Signs of Nursing Home Abuse and Neglect
Potential warning signs of nursing home neglect or abuse include:
- Unexplained bruises, cuts, burns, or other injuries
- Frequent falls or injuries associated with falls
- Sudden weight loss or dehydration
- Poor personal hygiene
- Bedsores or pressure ulcers
- Untreated medical conditions
- Medication errors or unexplained changes in medication
- Sudden fearfulness around particular employees
- Withdrawal, anxiety, depression, or unusual changes in behavior
- Missing money, jewelry, or personal belongings
- Unsanitary living conditions
- Unexplained infections
- Repeatedly missed medical appointments
- Staff members giving inconsistent explanations for injuries
What to Do If You Suspect Nursing Home Abuse in El Paso
If you believe your loved one is being abused or neglected, it’s critical to:
- Get them medical attention: Make sure your loved one receives appropriate treatment for injuries or other medical issues.
- Report suspected abuse: Report the abuse or neglect to the Texas Health and Human Services Commission or Texas Abuse Hotline.
- Document injuries: If possible, photograph bruises, wounds, bedsores, or other visible conditions.
- Preserve communications: Save emails, letters, text messages, and other communications with the nursing home.
- Request records: Medical and care records may help establish what treatment your loved one received.
- Consider removing the resident: If the environment appears unsafe, relocating your loved one may help prevent additional harm.
- Speak to a lawyer: Our attorneys can assess your case and advise you on next steps.
Contact a Nursing Home Abuse Attorney in El Paso
Every nursing home resident deserves to be treated with dignity. If your loved one has been abused or neglected at a long-term care facility, an El Paso nursing home abuse lawyer from Jenner Law can help document the mistreatment, negotiate with insurers, and get justice for your family.
Book a free case evaluation to learn more about your family’s legal options.
Call or text (888) 585-2188 or complete a Free Case Evaluation form