Suing for Nursing Home Abuse/Neglect in Texas

Victims of nursing home abuse and neglect may be eligible to file a civil lawsuit against the long-term care facility.

There are many federal and state laws in place to protect seniors from abuse in nursing homes and similar facilities, such as:

• The Elder Justice Act (2010)
• The Older Americans Act (1965)
• Title XX of the Social Security Act
• The Nursing Home Reform Act

These laws seek to ensure, among other things, that residents’ rights are protected. States can issue severe consequences if a nursing home is found to have violated these rights.

Regardless of criminal penalties, victims of nursing home abuse may seek compensation for injuries by pursuing a civil lawsuit with the help of a nursing home neglect attorney.

Liability in Nursing Home Neglect Cases

Like with other types of personal injury claims, multiple parties can be legally responsible for your injuries. Liability will depend on the circumstances of the case, but can include:

The Owners of the Nursing Home

Owners of businesses have a responsibility to hire trustworthy staff and adequately train them for their duties, among other things. The neglect or abuse can be the fault of the facility if the abuse happened because:

• Staff members were improperly trained,
• The screening process for staff members was insufficient,
• The facility was not properly maintained,
• Industry standards of care were not met.

Many nursing homes suffer from severe staffing shortages, which can cause them to relax hiring and treatment standards.

The Nurse/Caretaker

If the nurse or caretaker intentionally hurt the victim or was negligent in their treatment of the victim, they may be held directly responsible. Because the employee is the responsibility of the facility, they would also likely bear fault in addition to the employee.

Hiring Agencies

Nursing homes and similar facilities sometimes use third-party hiring agencies for staffing. If the employee who caused the abuse was hired by such an agency, they may also be held legally responsible for the damages.

Depending upon the specifics of your case, other parties may also be liable. This is by no means an exhaustive list, but most neglect and abuse cases include similar parties.

Essential Elements of a Nursing Home Neglect Civil Lawsuit

To recover damages from a personal injury lawsuit in Texas, you must prove the following 4 elements:

1. Duty of Care — The nursing home and staff had the legal responsibility to keep their residents from harm, among other things, so this element is satisfied.
2. Breach of Duty Occurred — This duty of care was breached when the abuse occurred. Proving this requires evidence of neglect or abuse.
3. Causation — Causation is just a legal term that links the breach of duty to the injury. To prove causation, you must show that the breach of duty directly caused your injuries to happen.
4. Damages — You can only recover compensation if you suffered damages, such as medical costs, pain and suffering, transfer costs, and trauma.

It’s important to act quickly if you want to recover compensation for nursing home neglect. You only have 2 years from the incident to file a claim, and the longer you wait, the more likely key evidence will be lost.

Nursing Home Neglect Attorneys Serving Texas

If you or a loved one suffered abuse or neglect at a Texas nursing home, you may be eligible for compensation for things like:

• Medical Expenses,
• ER Care,
• Transfer Costs,
• Pain and Suffering,
• Loss of Enjoyment of Life,
• Trauma/PTSD,
• Wrongful Death,
• And More.

Carabin Shaw will help you find out if you have a case for free.

Carabin Shaw has served those injured in nursing homes and assisted living facilities across Texas for over 30 years. We understand what you and your family are going through, and we’re here to help. Call the team that puts their clients first for a free case evaluation at 800-862-1260. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

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See also: How to Spot and Report Elder Abuse in Texas