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Case basics: Nursing home abuse

On Behalf of | Oct 12, 2020 | Nursing Home Abuse & Neglect |

As wonderful as a nursing home can be, it’s simply not an easy decision for families to place their loved ones in one. However, due to work or lack of funds, a nursing home is often the best-case scenario for many people. Although there are plenty of amazing caretakers in the field, the sad reality is that there are also those who abuse the elderly. If you are suspicious or have proof that your loved one has been abused in a nursing facility in Texas, then the following information may prove helpful.

Laws and nursing homes

The fact is that a variety of laws and statutes often regulates nursing homes. This makes it difficult for relatives and attorneys to determine which laws will apply to their cases. The basic fact is that most nursing homes across the country are asked to abide by a certain standard of care. In addition to that, the Residents Bill of Rights should also be followed throughout any assisted-living facilities.

Legal claims

If you suspect or have proof that the nursing facility in which your family member resides is to blame for breach of contract, medical malpractice or negligence, then a civil claim is possible. In this situation, the district attorney in your jurisdiction would be responsible for the case. However, if it’s a civil lawsuit, then things may be a little different. You may file a lawsuit on behalf of your relative, but you are going to need to obtain a POA, or power of attorney. This can be a very complex matter, and thus, it is recommended to bring in a personal attorney to help guide you through the process.

What to do about nursing home abuse

It can be a little tricky to bring charges against a nursing home that you suspect had something to do with your relative’s sudden death. While it’s very different from that of a criminal case in which you are seeking justice for something someone did, the initial steps are similar. You will need to report the case to your local police department, gather any evidence once the investigation is over, and file a lawsuit against either the parent company or the nursing home itself.

When it comes to seeking justice for nursing home abuse, the process can be rather complex. This is why experts always suggest bringing in an experienced attorney to handle many of the complicated matters that you will, no doubt, face during the trial.

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