Leaving our loved ones under the care of the right institution can be difficult, especially when they require special attention due to their age or illness. Depending on the circumstance, our loved ones need more qualified people to offer the services they desperately need. Among the many places to go to is a nursing home. They have the resources and equipment needed to help our loved ones. But in some cases, the nursing home staff can injure their residents, therefore jeopardizing our efforts to have our loved ones live a good life. If this is the case, you can talk to a Houston nursing home abuse lawyer to help you file a lawsuit against the liable party.
There are wide arrays of causes that result in a civil lawsuit against nursing homes in Houston. Some are negligent, while others are done knowingly or intentionally without regard for the safety of its residents. In either case, it is advisable that you consult with our dedicated Houston nursing home abuse lawyers to help evaluate your case. Before filing a formal claim, you must, first of all, be ready with some evidence against the defendant. This can happen in many ways ranging from witnesses, medical reports, investigative reports and much more.
However, you should note that every civil litigation is determined based on how your legal team presents the evidence. Sub-par investigation work may result in losing your case, but when you choose the best law firm to undertake all legal matters on your behalf, there are better chances that you will receive full justice for the abuse victim. That is what our local nursing home abuse attorneys strive to provide.
Some of the common forms of neglect in nursing homes include:
Physical abuse is defined as the use of excessive physical force or violence that inflicts pain, injuries, agony, and any other kind of impairment to another person. Such cases are normally reported in bars, streets, or even schools due to the vulnerability of the people therein. For example, students will engage in physical fights due to misunderstandings arising from personal problems. However, a nursing home worker never has any excuse to physically abuse the elderly under their watch.
It is often easier to learn about physical abuse if there are visible marks left on their body. If your loved one has unexplained body scars or wounds, burns, marks, scratches, cuts or bruises, you should immediately talk to them about it and get in touch with a doctor, and if necessary, contact our nursing home lawyers in the area to help determine the probability of abuse. By so doing, you will be guaranteed of the health safety of your loved one, while still seeking justice on the other hand.
Neglect in a nursing home is more diverse compared to other forms of abuse given that it is done intentionally. When nursing home staff like doctors neglect their patients, they breach the duty owed to the patients, and they are liable for the damage caused. Acts of negligence range from physical to emotional to medical aspects. In some cases, elderly patients may be deprived of basic amenities such as clothing, food, or medical supplies.
Elderly nursing home residents sometimes find themselves trapped in the psychological abuse of their caretakers. Psychological abuse can be more dangerous than physical abuse, it’s not as easy to detect unless the victims open up about it.
While physical abuse injuries can just be treated with proper medical treatment and over-the-counter drugs, psychological abuse requires intensive counseling to rehabilitate the resident. From time to time, victims of such torture may show signs of depression, stress, sudden loss of weight, or general anxiety. A lawyer with experience in nursing home abuse cases can arrange for professional client-based services with a major focus on psychological counseling and civil litigation.
Equipping yourself with the knowledge on how to launch a civil lawsuit against a nursing home is key to having a successful litigation. Your lawyer should be able to guide you in every step of the process. By so doing, you immediately become part of the process by knowing what to do, when, where, how, and why.
The major steps in such a lawsuit are:
Carrying out intensive investigations on the possibility of breach of duty owed to your loved one marks the onset of a nursing home lawsuit. In any case, proving fault is often started through carrying out investigations for evidence to present before the jury. Evidence collected could be in the form of eyewitnesses, police records, medical records, and photographic evidence.
The discovery phase begins after your lawyer has filed the lawsuit. It involves the exchange of collected evidence between the parties. Under this phase, witnesses are questioned under oath and asked to produce physical documents.
In this phase, both lawyers will narrow down what evidence the jury will hear, and what they will not. Some evidence may be considered more prejudicial than helpful to the jury. During this stage of the lawsuit, your Houston nursing home abuse attorney will arrange for the proper fact witnesses, expert witnesses, and physical evidence to present to the jury.
During the trial, the jury will hear all the evidence presented in court and determine a verdict, both on liability and on damages.
It goes without saying that the presence of an attorney in any civil litigation is as important as the claim itself. You can also decide to represent yourself when seeking justice, but hiring our Houston nursing home abuse lawyers to represent you will go a long way in increasing the likelihood of a positive outcome. If you have been a victim of nursing home abuse in Houston, our lawyers are ready to put their expertise into action for you. Schedule a consultation with us today.