San Antonio Nursing Home Abuse Lawyer
Top Rated Nursing Home Abuse Lawyers in San Antonio, TX
What is Nursing Home Abuse?
Nursing home abuse refers to any intentional or negligent act that causes harm or distress to a resident in a long-term care or skilled nursing facility. Abuse can take many forms, including physical, sexual, emotional, and financial. It can also include neglect, which occurs when a caregiver fails to provide necessary care and attention, such as adequate food, water, medication, or hygiene.
For those living in assisted living facilities, abuse falls under medical malpractice. Medical malpractice is a type of negligence that occurs when a healthcare provider fails to meet the standard of care for their profession, resulting in harm to the patient. In the case of nursing home abuse, medical malpractice can occur if a caregiver or medical professional fails to provide the necessary care or treatment to a resident or if they intentionally cause harm.
Nursing home and assisted living facility abuse is a growing concern in San Antonio and nationwide. When we entrust our loved ones to the care of a nursing home, we expect they will be treated with compassion, dignity, and respect. Unfortunately, this is not always the case, and nursing home abuse can have devastating consequences for both the resident and their family members.
If you suspect that your loved one has been the victim of nursing home abuse, it is crucial to contact a nursing home abuse lawyer as soon as possible. A personal injury lawyer with experience in nursing home abuse cases can help you understand the legal process and your options. They will investigate the situation, gather evidence, and pursue compensation on behalf of your loved one. They can also help protect your loved one from further abuse and ensure that the responsible parties are held accountable.
Common Types Of Nursing Home Abuse in San Antonio
There are several types of nursing home abuse victims might suffer from, including:
Nursing home neglect is one of the most common forms of nursing home abuse. It occurs when a caregiver fails to provide the necessary care and attention to a resident, resulting in harm or injury. This can include failing to provide adequate food, water, medication, hygiene, or medical care.
Physical abuse occurs when a caregiver intentionally causes harm or injury to a resident. This can include hitting, slapping, pushing, or restraining a resident. It can also include withholding food or medication as a form of punishment.
Sexual abuse occurs when a caregiver engages in any sexual activity with a resident without their consent. This can include unwanted touching, sexual assault, or rape. Sexual abuse can also include forcing a resident to watch or participate in sexual acts.
Emotional abuse involves any behavior that causes emotional distress to a resident. This can include verbal abuse, humiliation, intimidation, or isolation. Emotional abuse can be more difficult to detect than other forms of abuse, but it can have long-lasting psychological effects on the victim.
Financial exploitation occurs when a caregiver or staff member uses a resident’s funds or property for personal gain. This can include stealing money or possessions, forging signatures, or pressuring a resident to change their will or power of attorney.
Nursing Home Abuse Warning Signs
Several warning signs may indicate nursing home abuse. It is essential to pay attention to these signs and take action if you suspect that your loved one is being mistreated. Here are some common warning signs of nursing home abuse case:
- Physical signs: Unexplained injuries such as bruises, cuts, or broken bones can signify physical abuse. Also, changes in your loved one’s physical appearance, such as weight loss, dehydration, or poor hygiene, can be a sign of neglect.
- Behavioral or mood changes: If your loved one becomes withdrawn, depressed, anxious, or fearful, it may be a sign that they are being mistreated. Changes in behavior, such as agitation or aggression, may also indicate abuse.
- Improper medical treatment for wounds or illness: If your loved one is not receiving proper medical treatment for injuries, illnesses, or chronic conditions, it may be a sign of abuse.
- Major healthcare mistakes: This includes medication errors such as your loved one being given the wrong medication or dosage.
- Bedsores or pressure ulcers: If your loved one has bedsores or pressure ulcers, it could indicate they are not receiving proper care and attention from the nursing home staff members.
It is important to note that some of these may also be attributed to other causes, such as aging, medical conditions, or medication side effects. However, if you suspect abuse, it is important to investigate further and take action and contact a nursing home abuse attorney.
When Is A Nursing Home Liable For Elder Abuse?
Nursing homes can be liable for elder abuse if they fail to provide adequate care and protection to their residents. Some of the situations where nursing homes can be held responsible include:
- Negligent training: If staff is not adequately trained to care to handle nursing home residents, this can lead to neglect or abuse.
- Poor hiring: If the nursing home hires staff members with a history of abuse or neglect, they may be held liable for any harm caused by those individuals.
- Improper monitoring: If the nursing home fails to monitor their residents for signs of abuse or neglect, it may be held liable for any harm that occurs.
- Inadequate security: If the nursing home facility fails to provide adequate security measures to protect their residents from harm, they may be liable for any injuries.
- Failure to provide necessities of living: If the nursing home doesn’t provide basic needs like food, water, and medical care.
- Medical neglect: If the nursing home fails to provide necessary medical treatment, they may be held liable for elder neglect.
- Health and safety hazards: If the nursing home doesn’t maintain a safe and healthy living environment, it may be liable for any serious injuries or illnesses that occur.
- Unreasonable physical restraints: If the nursing home uses physical restraints as a form of punishment or convenience, they may be liable for any harm resulting from them.
- Abuse by staff: If the nursing home employees engage in abuse, the nursing home may be held liable for any harm caused.
- Wrongful death: If a resident dies due to nursing home neglect or abuse, the nursing home may be liable for wrongful death.
Who Can Be Held Responsible?
Several parties can be held responsible for nursing home abuse, including:
- The nursing home: The nursing home is ultimately responsible for the care and well-being of its residents, and they may be held liable for any harm caused by their staff or policies.
- The staff members: Individual staff members who engage in abuse or neglect can be held liable for their actions.
- Third-party contractors: If the nursing home contracts with a third-party provider, such as a food service or maintenance company, they may be held liable for any harm caused by that provider.
Determining who is responsible for nursing home abuse can be complex, as multiple parties may be involved. It is crucial for your case that you work with an experienced nursing home abuse lawyer to investigate the situation, gather evidence, and determine liability. An attorney can make the legal process easier by helping you understand your options for seeking compensation.
How To Report Nursing Home Abuse Or Neglect in San Antonio
If you suspect nursing home neglect or abuse, you must report it immediately to the appropriate authorities. In San Antonio, you can report nursing home abuse or neglect to the Texas Department of Aging and Disability Services. You can also report it to local law enforcement or contact a nursing home abuse lawyer for assistance.
Can I Sue for Nursing Home Abuse?
Yes, you can sue for nursing home abuse if you can prove that the nursing home or its staff members were negligent or engaged in intentional harm. To win a nursing home negligence lawsuit, you must show that the nursing home had a duty to provide reasonable care to your loved one, that they breached that duty, and that the breach caused harm to your loved one.
When Should You File A Nursing Home Abuse Lawsuit in San Antonio?
It is important to file a nursing home abuse lawsuit as soon as possible to protect your loved one’s legal rights. In Texas, the statute of limitations for nursing home abuse malpractice cases is two years from the date of the injury or discovery of the injury. You may be barred from pursuing compensation if you miss this deadline.
Additionally, it is crucial to contact a nursing home abuse lawyer as soon as possible to ensure that evidence is preserved and witnesses can be interviewed before memories fade or evidence is lost.
What Do Nursing Home Abuse Attorneys Cost?
At our nursing home abuse Law Firm, we operate on a contingency fee basis, which means that we do not charge any upfront fees for our services. Instead, we only receive a percentage of any compensation we recover for our clients. This means our clients do not have to worry about paying legal fees out of pocket. We have a no-win, no-fee policy.
Things to Consider When Choosing a Nursing Home Abuse Lawyer
When choosing a nursing home abuse lawyer, there are several things to consider, including:
- Cost: Look for a lawyer who operates on a contingency fee basis, so you do not have to pay anything upfront.
- Experience: Look for a lawyer with expertise in nursing home abuse cases who understands the complexities of these types of cases.
- Reputation: Look for a lawyer with a good reputation and positive reviews from previous clients.
What to Expect When Working with a San Antonio Nursing Home Abuse Attorney
If you are considering working with a nursing home abuse attorney to take legal action, it is important to understand what to expect in the process.
Here are some things you can expect when working with a nursing home abuse attorney:
Initial Free Consultation
Your attorney will meet with you for an initial free consultation to discuss your case and assess its merits. During this consultation, you will be asked to provide information about the nursing home abuse your loved one has experienced. The attorney will ask you questions about the situation, including the signs and symptoms of the abuse or neglect, the timeline of events, and any evidence you have.
Once you have hired an attorney, they will begin investigating the case. This may include gathering evidence, interviewing witnesses, and consulting medical experts. The attorney may also request medical records, nursing home records, and other documentation related to the abuse or neglect.
Your attorney will develop a legal strategy based on the information gathered during the investigation. This may involve filing a lawsuit against the nursing home or other responsible parties, negotiating a settlement, or pursuing other legal remedies.
Your attorney will keep you updated on the case’s progress and communicate with you regularly. They will inform you of any significant developments and answer any questions you may have.
If a lawsuit is filed, your attorney will represent you in court. They will prepare your case, present evidence, and argue on your behalf. Your attorney will negotiate with the other side to seek a fair settlement.
Settlement or Trial
If a settlement can be reached, your attorney will help you understand the settlement terms and ensure that your rights are protected. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will hear the evidence, decide the outcome of the case, and award fair compensation.
Damages Available in Nursing Home Abuse Lawsuits
If you are able to prove negligence in a nursing home abuse lawsuit, you may be entitled to several types of damages, including financial compensation for:
- Emotional distress: Compensation for the emotional trauma and distress caused to the nursing home residents by the abuse.
- Funeral costs: Compensation for funeral expenses if your loved one passes away due to nursing home abuse.
- Lost wages: Compensation for any lost wages or income that you or your loved one experienced as a result of the abuse.
- Medical bills: Compensation for any medical bills or expenses related to the abuse.
- Mortgage or rent payments: Compensation for any mortgage or rent payments that you or your loved one were unable to make.
- Pain and suffering: Compensation for the physical and emotional pain and suffering caused by the abuse.
- Physical therapy: Compensation for any physical therapy or rehabilitation needed because of the abuse.
- Travel expenses: Compensation for any travel expenses incurred as a result of seeking medical care or visiting your loved one in the nursing home.
- Other bills and expenses: Compensation for any other bills or expenses related to the abuse.
Compensation for Nursing Home Abuse Under Texas Law
In Texas, there are caps on certain types of damages that can be awarded in nursing home abuse lawsuits. For example, there is a cap on non-economic damages, such as pain and suffering, of $250,000 per defendant. There is also a cap on punitive damages, which are intended to punish the defendant for their misconduct, of two times the amount of economic and non-economic damages up to $750,000.
However, there are no caps on economic damages, such as medical expenses and lost wages, or damages for wrongful death.
How Our San Antonio, Texas, Nursing Home Abuse Attorneys Can Help
If you or a loved one has been the victim of nursing home abuse, it is essential to contact an experienced nursing home abuse lawyer as soon as possible. At Snapka Law Firm, we have extensive experience in nursing home litigation, have a robust understanding of federal and state laws, and can help you understand your legal options and pursue justice on behalf of your loved one.
Contact us today for a free case review and to learn more about how we can help you and your loved one.
What Makes the Snapka Law Firm, Injury Lawyers Different?
At the Snapka Law Firm, we understand the devastating consequences of a serious injury resulting from another's negligent actions. Not only do we provide tenacious legal representation, we help you get through this trying time by dealing with the burdens of your personal injury case on your behalf. Every case we accept is handled personally by one of our attorneys who will be committed to helping you understand the process while preparing your case for resolution. As a small but highly focused firm, we provide a more personalized attention to detail that you won't often find with larger law firms. With decades of courtroom experience, the Snapka Law Firm has delivered our clients millions of dollars in compensation as a result of successful verdicts and settlements. With our personalized touch, extensive experience, and strong relationships with investigation specialists and industry experts, you'll be represented by one of the best personal injury law firms in South Texas.
Kathryn Snapka is one of the few attorneys in Texas that is board certified in personal injury trial law and her firm has been recognized by the National Board of Trial Advocacy, Super Lawyers, Texas Trial Lawyers Association, American College of Trial Lawyers, and American Board of Trial Advocates. Our firm has won hundreds of cases for injury clients resulting in a reputation amongst defense attorneys that deters them from taking their case to trial against us. When working with the Snapka Law Firm we fight for the highest compensation for your losses and damages with the least amount of inconvenience to you. If you have been a victim of a serious injury, contact us for your free personalized consultation today.