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The Bettersworth Law Firm


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Texas injury attorney, Texas nursing home abuse lawyerRecently, a video was released of an in-home caretaker physically abusing her 94-year-old patient in Texas. The video shows the caretaker yelling at the patient regarding feeding the dog and repeatedly hitting her on the head before ordering her to go to bed. The video is a shocking display of abuse. But what makes matters worse is that the patient’s situation is not unique. According to the National Council on Aging, one in 10 individuals over the age of 60 suffer a form of elder abuse, including physical violence.

Elder abuse can lead to civil and criminal lawsuits in Texas. If you know of a friend or loved one who has been physically or sexually abused, do not hesitate to reach out to the New Braunfels personal injury and elder abuse attorneys of the Bettersworth Law Firm. We have years of experience helping our elderly clients receive the care they need and holding those who hurt them responsible.

Texas’ Crime Victims’ Institute Findings

Texas elder abuse attorney, Texas injury lawyer, New Braunfels nursing home abuse attorney,When people enter a nursing home, they expect fair treatment and responsible care. Unfortunately, the negligent or reckless behavior of nursing home staff can lead to injuries, illness, and extreme discomfort. However, there are laws that protect the rights of nursing home negligence victims. Nursing home negligence cases can be difficult to win. Usually, the plaintiff must prove that an employee within the facility acted negligently, and that action directly led to an injury. In some cases, proving that a worker failed to take reasonable steps to ensure patient safety is enough to win a negligence lawsuit. Of course, these cases can quickly become complex and difficult to prove. The nursing home is not likely to help you gather evidence. This is why the guidance of an experienced attorney may prove invaluable. What to Do When You Suspect Nursing Home Negligence In many cases, the victim of the nursing home abuse is too scared or unable to tell his or her loved ones. This is why it is important to know the signs of nursing home abuse. These include:
  •         Tension or arguments between the caregiver and the patient;
  •         Changes in the patient’s behavior; or
  •         Bruises, welts, or scars.
According to Helpguide.org, the caregiver also may prevent you from visiting the patient alone. If you notice any of these symptoms and you suspect abuse, contact an attorney right away. Call a Qualified Accident Lawyer in New Braunfels, Texas Nursing home abuse affects thousands of victims every day. It can lead to physical, mental, and emotional trauma. This is why acting quickly to stop the abuse is so important, and then, it is your responsibility to seek justice to ensure the abuse does not affect other victims. If you suspect your loved one is suffering abuse or negligence in a nursing home, contact an experienced New Braunfels personal injury attorney from The Bettersworth Law Firm. We will assess your case to determine if you have a legitimate claim. To schedule a free consultation, call 830-606-0404.

Nursing Home Use of Antipsychotic Drugsnew report by AARP exposes the overuse of antipsychotic and other dangerous medications to nursing home patients. According to nursing home statistics from the University of California, one in five nursing home patients are given antipsychotic drugs that are unnecessary. These drugs are also often extremely dangerous, especially for elderly patients.

A major issue with many nursing homes is they are understaffed. There should be one CNA to every seven patients, but the average nursing home ratio is one CNA for every 15 patients. There are also very few physicians on staff at nursing homes.

Antipsychotic drugs are given to patients as a “chemical restraint” to keep patients who may be suffering from Alzheimer’s disease, dementia or other conditions sedated and quiet. Many drug manufacturers marketed these drugs to nursing homes to be used in this manner. Last year, several drug companies were fined more than $2.2 billion for touting the use of antipsychotics to nursing homes, even though the companies knew the Food and Drug Administration (FDA) had not approved their use in elderly patients.


nursing home abuse, negligence, Texas personal injury attorneyWhen we place our loved ones in nursing home, there should be piece of mind knowing that they are in a safe place and are being well taken care of. But every day, we hear horror stories about the horrendous abuse our senior citizens suffer in the care of nursing homes. Nursing home abuse can be in the form of physical, sexual or verbal abuse.

A new study commissioned by the Special Investigations Division of the House Government Reform Committee found that one on three nursing home patients suffer abuse at the hands of the very people who are in charge of taking care of them.

Almost one-third of this country’s nursing homes – 5,283 – were cited for 9,000 incidents of abuse in just a two year period. That number could be underestimated, since other studies have shown that only 1 in 14 elderly people tell someone that they are being abused.


nursing home negligence, New Braunfels personal injury lawyer, San Antonio attorneyThe Office of the Inspector General of the U.S. Department of Health and Human Services recently released a national report on nursing homes. According to the report, almost one third of nursing home patients are injured by treatments they received in nursing homes. The majority of those injuries are avoidable.

The study found that the majority of problems could be contributed to deficiencies in the day-to-day care that the facilities provided. Not providing enough attention to details of the care patients need as well as monitoring the patients’ needs – what one inspector referred to as “substantial medical care.” The agency looked at the medical records of 653 Medicare patients who had been admitted into a nursing home for additional care after having been in the hospital. The average stay at the nursing home facility was 35 days or less. While at the nursing homes, 22 percent of patients suffered what the agency termed “adverse event” and another 11 percent suffered “temporary harm events.” Doctors who reviewed these events determined that 59 percent of these events were “clearly or likely preventable.” According to the report, these physicians deemed the cause of these preventable events to “substandard treatment, inadequate resident monitoring, and failure or delay of necessary care.” Half of the patients who were injured ended up being admitted back into the hospital for needed treatment. The total cost for treatment of patients who are injured in a nursing home in 2011 was $2.8 billion. Nursing home advocates say that not only are there staffing shortages and issues at many facilities, but lack of training also contributes a great deal to the injuries that elderly patients receive in these events. If one of your family members has been injured because of negligence of nursing home staff, contact a New Braunfels personal injury attorney to find out what civil action you may be entitled to take against the facility.

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

Texas Trial Lawyesr Association State Bar of Texas San Antonio Trial Lawyers Association
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