Texas Nursing Home Abuse Lawyer
In the state of Texas, there are specific standards that must be followed as well as specific violations that are illegal in nursing homes. Unfortunately, statistics show that at least 30% of all nursing homes in Texas have been cited for some sort of nursing home abuse infraction. Some violations tend to be so minor that they are never reported, and victims may not even that rules exist for these small infractions. Other violations, of course, are much more obvious and severe.
If you or a loved one has been a victim of nursing home abuse, you should get legal help from a Texas nursing home abuse law firm that has the experience and knowledge to help you win your case. The Texas law firm of McIver Brown specializes in nursing home abuse and neglect cases and can help you get the justice and financial compensation you deserve.
The McIver Brown Law Firm’s award-winning attorneys represent the victims of nursing home abuse and neglect throughout Arizona including the following cities and their surrounding areas: Abilene, Amarillo, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock, Lufkin, McAllen/Edinburg, Nacogdoches, San Antonio, Texarkana, Tyler, and Wichita Falls.
Laws on Nursing Home Abuse in Texas
In Texas, there are strict rules and regulations that must be followed in all nursing homes. Failure to adhere to the laws can result in stiff consequences, including, fees, penalties, restitution, and even jail time.
Texas law states that mental and physical abuse, involuntary seclusion from others, and inappropriate use of residential property is unlawful. In addition, nursing home residents have the right to their own privacy and to have their dignity respected, their preferences accommodated, and a right to proper housekeeping for sanitary reasons.
Each nursing home resident has the right to be given proper healthcare with a plan tailored towards each individual’s personal health issues. Each resident is also allowed help with the proper exercises, professional help with any mental or social disabilities, access to water, and an adequate and nutritious daily diet of meals and snacks.
Furthermore, each nursing home facility should have a registered nurse on the premises seven days a week, for at least eight hours per day. A physician, dietician, dentist, and mental health professional must also be available.
Every nursing home is required to have an infection control regime in place in order to prevent the spreading and/or development of diseases. Moreover, a clean living environment is mandatory in all Texas nursing homes. Examples of a clean living environment include:
- Floors that are swept and mopped on a regular basis, or carpet that is cleaned and vacuumed on a regular basis.
- Linens should be washed and changed on a regular basis.
- Bathrooms and sinks must be in sterile conditions at all times. The kitchen area should be clean at all times.
- Dishes should be washed immediately after use, and tables, chairs, and counters should be wiped down several times throughout the day.
- Clothing worn by the residents should be soil-free and washed on a regular basis.
- Outdoor areas should not have any items obstructing the residents path, and walkways must be swept.
Consequences of Nursing Home Abuse in Texas
Texas considers any form of nursing home abuse as serious offense, and with serious offenses, comes severe consequences. Any form of elder abuse in the state of Texas is a felony. Depending upon the severity of the abuse and the circumstances, charges can range first, second, or third degree felony. Offenders found guilty could possibly face anywhere from 2 to 99 years in a Texas State Prison.
Civil charges may also be filed by the victims and the victims’ families. If found guilty, offenders may have to pay a substantial amount in damages to the victims. Not only do nursing homes face paying damages, but the facilities may also be shut down permanently.
Victims planning to file civil charges should keep in mind the statute of limitations for nursing home negligence in Texas is two years from the time the injury or negligence was found out, or at least reasonably should have been found out.
We Can Help
If you feel that a loved one has had their legal rights violated, we encourage you to contact the award-winning Texas nursing home abuse law firm of McIver Brown. Each attorney at the McIver Brown Law Firm has extensive knowledge regarding the nursing home abuse laws in Texas, and will fight to ensure that your loved one receives proper care, and that you and your family get the justice and financial compensation that you deserve.