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Entrusting our loved ones to the appropriate care facility can be challenging, especially when they necessitate extra care due to age or illness. Depending on the situation, our loved ones may require more skilled individuals to provide the services they desperately need. Nursing homes are among the many options available, equipped with the necessary resources and equipment to support our loved ones.
However, there are instances where nursing home staff may cause harm to their residents, undermining our efforts to ensure our loved ones lead fulfilling lives. According to Nursing Home Abuse Justice, over 5 million abuse cases are reported every year. If this occurs, consulting with a Houston nursing home abuse attorney can assist you in filing a lawsuit against the responsible party.
A variety of situations can prompt a civil lawsuit against nursing homes in Houston, ranging from negligence to deliberate or intentional actions that disregard resident safety. Regardless, it’s crucial to consult with our committed Houston nursing home abuse attorneys to assess your case. Before proceeding with a formal claim, you must first gather evidence against the accused party. This evidence can take various forms, including witness testimonies, medical reports, investigative findings, and more.
However, the outcome of every civil litigation hinges on the presentation of evidence by your legal team. Inadequate investigative work could lead to a case dismissal, but engaging a top-notch law firm to handle all legal matters on your behalf increases your chances of achieving justice for the abuse victim. This is precisely what our local nursing home abuse attorneys aim to deliver.
Common forms of neglect in nursing homes include:
Physical abuse involves the application of excessive physical force or violence causing pain, injuries, distress, or any other form of harm to an individual. Such incidents are often reported in bars, streets, or even schools due to the vulnerability of the people involved. For instance, students might engage in physical altercations due to personal disagreements. However, there’s never a valid excuse for a nursing home worker to physically abuse the elderly in their care.
Physical abuse is typically easier to detect if there are visible marks on the victim’s body. If your loved one displays unexplained scars, wounds, burns, scratches, or bruises, it’s crucial to discuss it with them, consult a doctor, and, if needed, contact our local nursing home lawyers to assess the likelihood of abuse. This proactive approach ensures the safety of your loved one while pursuing justice simultaneously.
Neglect in a nursing home is particularly harmful since it’s usually intentional. When nursing home staff neglect their patients, they breach their duty of care, rendering them liable for any resulting harm. Acts of negligence can span physical, emotional, and medical aspects. In some instances, elderly patients may be denied basic necessities such as clothing, food, or medical supplies.
Elderly nursing home residents are sometimes victims of psychological abuse perpetrated by their caretakers. This form of abuse can be more damaging than physical abuse and is often harder to detect unless the victims disclose it.
While physical abuse injuries may be treatable with medical care and medications, psychological abuse typically requires extensive counseling to rehabilitate the victim. Victims may display signs of depression, stress, sudden weight loss, or general anxiety. An attorney experienced in nursing home abuse cases can facilitate professional services focusing on psychological counseling and civil litigation.
Understanding how to initiate a civil lawsuit against a nursing home is crucial for successful litigation. Your attorney should provide guidance at every step, thereby enabling you to actively participate in the process by knowing what actions are necessary, when, where, and why they should be taken.
The primary steps in such a lawsuit include:
An exhaustive investigation into the potential breach of duty owed to your loved one is the first step in a nursing home lawsuit. In general, establishing fault starts with conducting thorough investigations to gather evidence for presentation to the jury. This evidence could include eyewitness accounts, police records, medical documents, and photographic material.
The discovery phase commences after your attorney files the lawsuit. This stage involves the mutual exchange of gathered evidence between involved parties. Witnesses are questioned under oath during this phase and may be asked to produce physical documents as evidence.
During the pre-trial phase, both attorneys will refine the evidence to be presented to the jury, excluding elements that might be more prejudicial than beneficial. Your Houston nursing home abuse attorney will organize the appropriate factual and expert witnesses, as well as physical evidence, to present to the jury during this stage.
At the trial stage, the jury reviews all the evidence presented in court to reach a verdict on both liability and damages.
Undoubtedly, having an attorney involved in any civil litigation is as crucial as the claim itself. Although you can choose to represent yourself in pursuit of justice, enlisting the services of our Houston nursing home abuse attorneys can significantly enhance your chances of a favorable outcome. If you or a loved one has suffered nursing home abuse in Houston, our lawyers stand ready to leverage their expertise on your behalf. Contact us today to schedule a consultation.
Lone Star Injury Attorneys, PLLC
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