San Antonio Nursing Home Abuse Lawyer
The San Antonio nursing home abuse lawyers at Janicek Law passionately help elderly abuse victims in San Antonio nursing homes and elder care facilities. With over twenty years of combined experience, the personal injury attorneys at Janicek Law have helped countless nursing home residents and their families secure financial compensation and justice.
If you suspect an elderly loved one is facing nursing home neglect or abuse, the San Antonio nursing home abuse attorneys from Janicek Law can help. Our personal injury lawyers understand even the suspicion of nursing home abuse can be an emotional experience, which is why our legal team handles all abuse and neglect cases with compassion.
If you believe a close family member or elderly loved one is being abused or neglected in a San Antonio nursing home facility, contact a seasoned nursing home abuse lawyer at (210) 366-4949 for a free initial consultation. Our San Antonio nursing home abuse lawyer works on a contingency fee basis, so your family members won’t owe any legal fees unless the claim is successful.
What is Nursing Home Negligence?
Nursing home negligence refers to the failure of elder care facilities to meet the medical standard of care expected, resulting in harm or injury to nursing home residents. Nursing home abuse and neglect cases encompass various forms of mistreatment, including but not limited to elder abuse, neglected nursing home residents, and inadequate medical care. Instances of nursing home negligence range from physical abuse and financial exploitation to inadequate supervision.
Factors contributing to nursing home negligence often involve understaffing in San Antonio nursing homes, inadequate training, and poor management in nursing homes or assisted living facilities.
Nursing Home Abuse and Neglect Statistics in the United States
Nursing home abuse and neglect affect thousands of elderly Americans every year. One in every four nursing homes is cited for causing a personal injury or death to nursing home residents.
51% of Texas nursing homes are one or two-star rated.
“Operators of nursing homes in Texas reported 97% turnover for certified nursing assistants, with 90% turnover for other key frontline caregiver positions,” according to the Texas Health Care Association. Furthermore, according to a Texas survey, only 8% of respondents in the long-term elder care industry believe they have adequate staffing.
Before blaming employees, a study done by LTCCC shows this:
In 2019, nursing homes earned an official profit of $730 million, a seemingly small margin of 0.58%. However, if we exclude $6.4 billion in disallowed costs and $3.9 billion in non-cash depreciation expenses, the true average profit margin is actually 8.84%.
Here’s where the money goes:
66% is spent on direct care for residents, which includes only 27% on nursing care.
34% is spent on administration, capital expenses, other costs, and profits.
Despite the significant revenues and actual profit margins, the high spending on non-care related areas like administration means less money is available for direct resident care. This misallocation of funds contributes to poor care quality, understaffing, and the resulting neglect and abuse of nursing home residents. This focus on profit over care is why nursing home care remains inadequate despite the industry’s substantial earnings.
Common Types of Nursing Home Neglect in San Antonio, TX
Common types of nursing home neglect in San Antonio include a range of issues that compromise the health and safety of residents. The following are the most commonly seen by our San Antonio nursing home abuse lawyer team.
Bed Sores
Bed sores in nursing homes are a serious issue, often resulting from nursing home neglect. What are bedsores? Also known as pressure ulcers, they are injuries to the skin and underlying tissue caused by prolonged pressure, commonly affecting immobile nursing home residents. This type of neglect can be considered elder abuse and neglect. If your loved one has developed bed sores, especially a level 4 or level 4 bedsore in assisted living facilities, it is crucial to pursue a legal case.
Our San Antonio nursing home bedsore lawyers have extensive experience in nursing home pressure ulcer cases and can help you pursue justice and financial compensation for the injuries your family member has endured due to inadequate care.
Frequent Falls
Frequent falls in nursing homes are an indicator of nursing home neglect, often resulting in severe injuries such as broken bones for vulnerable nursing home residents. Family members should be vigilant for signs of neglect, including unexplained bruises or frequent hospital visits. Such falls can be a form of elder abuse stemming from inadequate supervision or improper care by nursing home staff.
If you suspect neglect, consulting a San Antonio nursing home falls lawyer can be crucial. Our San Antonio nursing home abuse lawyer team can help you build a legal case to seek financial compensation for your loved one’s suffering and ensure accountability for the negligent care provided.
Medication Errors
Medication errors, including the improper administration or misuse of antipsychotic drugs in San Antonio nursing homes, often signal medical malpractice. These errors highlight systemic failures in medication management and inadequate oversight and are a clear indicator of nursing home neglect.
The San Antonio medication error lawyers at Janicek Law can help your family pursue a lawsuit for nursing home abuse if your loved one has been improperly medicated in a San Antonio nursing home or assisted living facility.
Frequent Infections
Many nursing home residents have weaker immune systems and are more susceptible to transmittable diseases. Infections, such as sepsis, MRSA, UTIs, and respiratory infections, can have deadly consequences for elderly residents.
MRSA in nursing homes is common and often indicates neglect. Family members should be vigilant for signs of nursing home neglect and push for better prevention measures to protect their loved ones.
Sepsis in nursing homes is unfortunately also common, often serving as a clear sign of nursing home neglect. Its presence indicates lapses in infection control measures and inadequate monitoring of residents’ health.
Choking Accidents
Choking injuries in nursing homes can lead to serious injury, often resulting from nursing home neglect. When residents are neglected by nursing home staff, the risk of choking increases significantly, potentially leading to severe injury or even death. If your loved one has suffered from a choking accident due to inadequate supervision or care, our San Antonio nursing home choking injury lawyers can help. We regularly handle nursing home neglect cases, working to gather evidence and hold the responsible parties accountable. Seeking the expertise of a San Antonio nursing home abuse attorney can ensure that justice is served and your family member’s rights are protected.
Poor Hygiene
Poor hygiene in nursing homes can lead to severe health issues for nursing home residents, potentially resulting in a medical malpractice lawsuit. Unsanitary conditions can cause infections, bed sores, and other preventable illnesses. Families who suspect their loved ones are suffering due to poor hygiene can seek justice through legal action, holding assisted living facilities accountable for nursing home neglect and securing compensation for the harm caused.
Malnutrition and Dehydration
Malnutrition and dehydration of the elderly are alarming signs of nursing home neglect. This form of elder abuse and neglect occurs from failure to adequately provide for residents’ basic needs. Family members often notice signs of dehydration in the elderly, such as unexplained weight loss, dry skin, and fatigue, indicating inadequate food and fluid intake.
Common Types of Nursing Home Abuse in San Antonio, TX
Nursing home abuse or elder abuse encompasses a range of mistreatment. Below are the forms of abuse and neglect our San Antonio nursing home abuse lawyers see most.
Emotional Abuse
Emotional abuse in nursing homes is a distressing reality that can deeply impact both nursing home residents and their families. Loved ones may notice signs of elder abuse in care facilities, such as sudden changes in behavior, withdrawal, or unexplained emotional distress in the resident.
Addressing mental abuse in nursing homes requires increased awareness, vigilant observation, and prompt reporting of any concerning behavior. Loved ones play an important role in advocating for their family members’ emotional well-being.
Physical Abuse
Physical abuse is, unfortunately, the most common form of nursing home abuse, marked by the infliction of harm or injury by staff or other nursing home residents. This abuse can result in a range of injuries, from bruises and lacerations to more severe consequences such as broken bones. Loved ones may also notice torn clothing or unexplained injuries.
Physical and chemical restraints in San Antonio nursing homes, often used inappropriately as a means of control or punishment in nursing homes, also contribute to physical abuse. Chemical and physical restraints, ranging from bedrails to sedative medications, can lead to injuries such as bruises and pressure ulcers and even exacerbate existing medical conditions, constituting a form of physical abuse.
Sexual Abuse
Sexual abuse in nursing homes is a deeply disturbing yet unfortunately prevalent form of mistreatment, where nursing home residents are subjected to unwanted sexual contact or behavior. Signs such as torn clothing or unexplained STDs in nursing homes can serve as evidence of sexual abuse.
Our nursing home abuse attorneys have experience with these legal claims. Contact a San Antonio nursing home sexual abuse lawyer or San Antonio assisted living sexual abuse lawyer to learn more about your loved one’s legal rights in a free initial consultation.
Financial Abuse
Financial abuse in a nursing home is a serious form of elder abuse that poses risks to residents’ assets. Families must be vigilant to protect vulnerable family members from exploitation by caregivers or staff. Detecting signs of financial abuse, like unexplained transactions or sudden financial losses, is necessary for safeguarding residents’ assets.
Why Does Nursing Home Abuse and Neglect Happen to Nursing Home Residents?
Nursing home abuse and neglect occur primarily because of the greed and negligence of profit-driven facilities. Many nursing homes prioritize profit over the well-being of many residents, resulting in understaffing and poor care.
Over 50% of nursing homes are understaffed, leading to countless “accidents” where your loved one may be abused or neglected. Families must not stand idly by when their loved ones suffer. A San Antonio nursing home abuse attorney can help. The San Antonio neglect lawyers at Janicek Law offer a free consultation to discuss your legal case and fight for financial compensation. They operate on a contingency basis, meaning clients pay no legal fees unless their San Antonio nursing home abuse attorney secures a favorable outcome in the legal case.
Call (210) 366-4949 to set up your free consultation.
How to Report Nursing Home Abuse and Neglect in Texas
To report nursing home abuse and neglect in Texas, take immediate action to protect your loved one or resident. Contact a nursing home abuse attorney for guidance and gather evidence of the abuse. Then, report the incident to the Texas Department of Aging and Disability Services (DADS) or Adult Protective Services (APS) for investigation. This ensures prompt intervention and accountability for those responsible.
How to Prove Nursing Home Negligence in San Antonio, TX
To prove nursing home neglect in San Antonio, TX, assess whether the facility has adequate staff and document any signs of mistreatment. Seek legal services from San Antonio nursing home abuse attorneys to guide you through the process. Gather evidence, including medical records and witness statements, to support your claim.
Can You Sue for Wrongful Death in a Nursing Home in Texas?
Yes, you can sue for wrongful death in a Texas nursing home or assisted living facility. Consult a San Antonio nursing home death lawyer for a free case evaluation. Nursing homes can be held liable for neglect or malpractice resulting in the wrongful death of a nursing home resident. Seeking legal action aims to hold the facility accountable and obtain financial compensation for the victim’s family.
Compensation for San Antonio Nursing Home Abuse
Seeking compensation for nursing home abuse in San Antonio involves holding the facility accountable for any harm to your loved one. Taking legal action can help recover financial losses. Contacting a San Antonio nursing home abuse attorney at Janicek Law is critical to assessing your legal options for financial compensation.
San Antonio Nursing Home Abuse Attorneys
If you suspect that a loved one is being abused or neglected in a nursing home or assisted living facility in San Antonio, TX, don’t wait to take action. Contacting a San Antonio nursing home abuse lawyer at Janicek Law can provide the guidance needed to ensure responsible parties are held accountable and seek financial compensation for any harm inflicted.
Take advantage of a free consultation with an experienced San Antonio nursing home abuse attorney to discuss your concerns. Don’t hesitate to reach out if you suspect your loved one has been a victim of medical malpractice or abuse.
Call (210) 366-4949 or complete our online intake form to schedule your consultation.
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Michelle MenchacaNovember 13, 2024 Their professionalism and ability to understand my situation made a difficult time much easier for me. Jessica‘s knowledge and expertise were deeply appreciated. Thank you all so much. Kim KeithNovember 12, 2024 Andrew & Gabby, thank you both for all the hard work you put into this case. Always staying in contact with me, Thank you Mark WilsonNovember 11, 2024 When I first decided to pursue legal action, I was terrified of how long it might drag on, as I had never sued anyone before. Janicek Law's team achieved a fantastic result before even having to go to court and got me full limits of coverage and negotiated down my medical bills. Highly recommend! jim wynnNovember 9, 2024 Our family was placed in a difficult situation with a nursing home. After seeing a commercial for Janicek Law we contacted them for help. Andrew and Gabby were very professional, compassionate, and kept us informed throughout the process. Through mediation, Andrew negotiated an acceptable settlement for our family. We highly recommend Janicek Law. Robin MitchellNovember 8, 2024 My family and I had a great experience with this firm. They helped us when others weren’t willing to. We worked exclusively with Andrew and Gaby and they couldn’t have been more helpful or compassionate. I would definitely recommend them. Bren HerreraNovember 4, 2024 It was an incredible journey witnessing Phil and his team fight for something they truly believed was worth the battle. Despite the obstacles that were present Phil and his team skillfully maneuvered through the legal system and achieved an impressive victory. I highly suggest that if you’re looking for more than just a regular lawyer, but rather a highly skilled and seasoned attorney, Phil is the perfect choice for you. Sly, his assistant, was incredibly supportive and always ready to address any questions or concerns I had. We are truly grateful for all your hard work. Thank you for everything!! Tx GirlNovember 4, 2024 My Personal Experience with Beth Janicek Law Firm: The whole team was professional, prompt, responsive to communication, and always had our best interest in mind throughout. Mostly, I worked with Andrew Skemp once this case was accepted. He was great at communicating the legalities in a way that made sense to myself with no legal background. Actually I had never even been involved in any legal semite prior to this case. The fact that this case was accepted was a major deal because I contacted over a dozen other attorney offices prior to this firm, who would not touch this case… it was a complicated case to say the least. However, Beth Janicek accepted this case and this firm has fought hard for our family. Thank you so much for representing our family during a tragic time. I’m thankful for the opportunity to work with this law firm and I would highly recommend Beth Janicek Firm. Debora RidenerNovember 1, 2024 Andrew and Gabby were a pleasure to work with. Both were incredibly professional and empathetic to our situation. They worked diligently to help our family and exceeded my expectations. Julie DupuisOctober 25, 2024 They took my case when another would not. Case was pretty cut and dry. The process was really easy. I appreciated their help. Jessica Rodriguez was great. Carrie AdamsSeptember 26, 2024 Joy at Janicek Law Firm was awesome she went above and beyond to get our case settled