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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

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Posted on in Personal Injury

elder abuse, nursing home abuse, New Braunfels personal injury attorneyA worker at a nursing home in Converse is in custody facing charges related to nursing home abuse because of video obtained from a surveillance camera hidden in the resident’s room.

Police stated that the 77-year-old victim’s daughter installed the motion-activated “granny cam” in her room after the elderly woman, who suffers from Alzheimer’s disease, had injuries on her body that she could not explain. The camera later recorded footage of the 51-year-old worker slapping the victim on her face, striking her body, and flinging her onto the bed. In a subsequent written report, the female worker claimed that the victim fell.

In a statement, the nursing home manager insisted that the abuse was an isolated incident and that the facility was cooperating with investigators.

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New Braufels elder abuse lawyerA Texas-based nursing home company may soon find itself answering for allegedly abusive practices in a New Mexico courtroom. The company operates over 100 assisted living facilities in 12 states. The New Mexico Attorney General's Office recently filed suit against the organization, alleging that low staffing levels led to abusive practices, including soiled beds and unattended emergency situations, such as falls. According to court documents, the nursing home facilities were deficient by as much as 50 percent on state assessment scores. The state recorded 450 complaints from 2011 to 2014, although only four of them resulted in actual cases. Since 2008, the nursing home company has collected over $236 million in revenue, with about 80 percent of that money coming from Medicare or Medicaid.

Nursing Home Abuse

Reliable statistics are very hard to ascertain, since so many elder abuse situations are unreported. Many seniors fear retaliation if they report abuse, or they do not want a relative or friend to “get into trouble.” About nine million cases a year are reported to authorities, and with the over 65 population set to explode in coming decades, incidents of abuse will almost surely escalate commensurately. Elder abuse can happen anywhere, whether in a care facility or in a private home. Some common examples include:

  • Physical: Many patients are so frail, either due to illness or age or both, that it only takes a small amount of force, such as a light squeeze or a subtle push, to cause serious injury.
  • Emotional: Some patients are isolated away from friends and family, either as a form of punishment or due to negligent oversight.
  • Neglect: If a resident falls or gets into a fight with another patient, there may be no qualified staff to help.

Understaffed facilities are breeding grounds for all these forms of abuse. When staff levels are low, the overstressed workers tend to act out. They may also be unable, or unwilling, to provide necessary physical and emotional services. Damages in an elder abuse case can include compensation for both economic and non-economic injuries, as well as punitive damages, in many situations. Elder abuse is widespread in South Central Texas. For a free consultation with an experienced New Braunfels personal injury attorney, contact our office. After-hours and hospital appointments are available.[/vc_column_text][/vc_column][/vc_row]

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.

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