 |
THE MOSTYN LAW FIRM:
YOUR NURSING HOME ABUSE ATTORNEYS
IN HOUSTON AND ACROSS THE STATE OF TEXAS
The Mostyn Law Firm has experience in handling Nursing Home Abuse cases in Houston, Texas. If you or someone you know has suffered Nursing Home Abuse in the state of Texas, we can help.
Nursing home negligence occurs when a resident is abused or neglected in a nursing home. Nursing home negligence can result in nursing home deaths, falls resulting in broken bones, malnutrition, dehydration, decubitus ulcers and residents wandering off the nursing home premises and injuring themselves. Because the nursing home industry has become a multi-billion dollar business comprised of major corporations, efficiency and profitability have often become more important than administering proper care. For this reason, both federal and state governments have introduced legislation to protect residents of nursing homes.
Factors leading to Nursing Home Negligence
- Poor personal hygiene
- Withholding medication or over-medication
- Incorrect body position
- Lack of assistance with eating and drinking
- Unsanitary and unclean conditions
- Dirt, soiled bed, fecal or urine odor
Physical Signs of Nursing Home Negligence
- Open wounds, cuts, bruises, welts, and/or skin discoloration or deterioration
- Dehydration
- Malnutrition
- Loss of weight
- Burns
Emotional Signs of Nursing Home Negligence
- Sudden change in behavior
- Emotionally upset or agitated
- Extremely withdrawn or non-communicative
- Unusual behavior (sucking, biting, or rocking)
- Confusion or dementia
Nursing Home Claims
The two primary types of nursing home claims that require legal assistance are cases involving nursing home negligence or cases involving nursing home abuse. Negligence claims arise when the nursing home staff unintentionally provides inadequate care or maintenance. This staff may include the doctors, nurses, nursing assistants, therapists, or even administrators. In each case involving nursing home negligence it is necessary to hire an expert to conclude that the staff violated their particular standard of care. There are several state and federal guidelines which require nursing homes to provide a clean and safe living environment. These guidelines also require the nursing home to provide adequate supervision. The staff also must follow the doctor's orders. Any failure of the staff to fulfill their duties can give rise to a cause of action by the harmed patient.
Rights of Nursing Home Residents
Nursing home abuse is a crime. Residents of nursing homes have rights and protections under the law. Nursing facilities can't keep a resident from seeing family members, a resident advocate, a physician, service providers, or representatives of the state or federal government. Nursing homes must adapt their rules and services to a resident's individual needs and preferences, when it is reasonable to do so. Residents have the right to keep their personal and clinical records private.
A nursing facility must have the same policies and practices for all individuals, regardless of whether they pay their bills privately or receive benefits from Medicare or Medicaided. Periodically, nursing facilities must tell residents what facility services are covered by Medicare and Medicaided. Residents have the right to choose their personal physician, be fully informed about their medical care and treatment, participate in planning their care and treatment, and to refuse treatment .They have the right to be free from physical or mental abuse. They cannot be kept apart from other residents against their will. Residents have the right to complain about their care or treatment without being punished. They also have the right to have their grievances resolved quickly. When a resident is admitted to a nursing facility, staff must inform the resident about his or her rights. The facility must provide a written statement of these rights if a resident asks for it. Residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents. Nursing facilities may not require residents to deposit their personal funds with the facility. However, a resident can ask a nursing home to manage his or her personal funds. Residents have the right to privacy. This right includes their rooms, medical treatment, communications (including telephone conversations), visits, and meetings with family or resident groups. A resident has the right to review his or her medical records within 24 hours after making a request. Residents must receive notice before their room or roommate is changed. Residents can refuse transfer to another room if the purpose of the transfer is to move the resident from a Medicare bed to a Medicaid bed or vice-versa. They have the right to remain in the nursing home. They cannot be moved unless the transfer or discharge is necessary to meet the resident's welfare, appropriate because the resident no longer needs the facility's services, necessary to prevent endangering the health or safety of other individuals in the facility, based on the resident's failure to pay after reasonable notice,required because the facility has ceased to operate. Before transferring a resident for hospitalization or therapeutic leave, a facility must give the resident written notice of how long it will hold the resident's heel open. A nursing home resident who remains in the hospital or on therapeutic leave after the bed hold period expires must be readmitted to the facility immediately when a semi-private bed becomes available.
Compensation for Nursing Home Negligence
The residents are entitled for compensation on several aspects such as Physical pain and suffering, past present and future, Mental pain and suffering, past, present and future, Permanent disability, Disfigurement, Medical expenses present, past and future. If the negligence involves the violation of the Nursing Home Act, attorney fees are recoverable, Punitive damages if applicable etc.
An Overview
The population is getting older, however unfortunately institutions are not taking care of the elderly as mandated by state and federal law. Some nursing homes act as warehousers of the elderly versus taking on the necessary responsibilities of providing skilled nursing services to their residents. Elder Law is little understood by most Americans, but its intention is to protect the elderly from abuse, neglect, negligence, broken bones, accidents and wrongful death in nursing homes. No family member should have to tolerate mistreatment of a loved one placed in a nursing home. In the last year, complaints against nursing homes in Texas are up over 60%. Medication errors are rampant, facilities
are under-staffed and unsanitary. Patient neglect, substandard care and injuries from dangerous products, procedures or restraints are only a few of the dangers. The administrators of these facilities would say that the level of care in Texas nursing homes is excellent. However, state investigators and Texas juries have been sending a different message. That message is that admittance to a nursing home need not be a death sentence -- these facilities must be held accountable for the care and safety of their patients!
KNOW YOUR RIGHTS!
All members of The Mostyn Law Firm are Licensed to Practice in all Texas State Courts.
Some members are licensed to practice in certain United States District Courts.
|
| |
Quick Contact
Fill out the following and we will contact you immediately.
|
|  |
| |
