Houston Nursing Home Attorney

There are over 1.4 million residents of nursing homes in the United States. Over 36% of nursing home residents witnessed at least 1 incident of physical abuse of an elderly patient.

When it comes to elderly abuse in nursing homes, it is typically a staff member or other residents.  Nursing homes have a duty to provide care in a safe environment for their patients.  If proper safety measures and processes are in place, elderly abuse in nursing homes can be kept to a bare minimum but with the aging population, it seems nursing home abuse is on the rise.

The Molina Law Firm has been representing injured victims for over 30 years helping them investigate complaints of nursing home abuse.  It can be hard to prove since most abuse happens behind closed doors.  Remember that when you retain Attorney Rick Molina, you pay nothing up front and we only collect a percentage of the compensation you receive only when we have won your case.  Attorney Rick Molina will aggressively represent you and fight on your behalf. We have the knowledge, resources and experience to get you all the compensation for the loss, pain and suffering of your loved one.

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What does elderly abuse look like?

Unfortunately, the elderly is one of the easiest groups to get abused due to their possible medical condition or simply the fact that they might be resistant to nursing home care.  Regardless, nursing homes have an obligation to provide care to your loved one and ensure that the environment in which they live is safe.  There are some warning signs to look for that may indicate some form of elderly abuse is taking place.

  • Malnutrition and dehydration
  • Emotional withdrawal
  • Unexplained bruises or injuries
  • Unexplained sickness or infections
  • Sudden financial changes

Pursuant to federal law, nursing homes must ensure that a resident receives care consistent with professional standards of practice to prevent the formation and worsening of pressure ulcers unless unavoidable. A resident must receive care to promote healing, prevent infection and prevent new ulcers from developing.

When a resident doesn’t receive a proper care and attention, they’re more likely to develop bedsores. Patients and family members should be aware of the risks, signs and stages of bedsores.

A large majority of nursing home falls are related to environmental hazards, which could be anything from a wet floor to a lack of adequate safety equipment, lighting, guards or rails. In addition, some nursing home residents may be more likely to fall due to cognitive difficulties, improper medication dosage or overmedication. A lack of supervision is a preventable cause of many falls in nursing homes.

Neglect, abandonment and self-neglect can be classified as similar forms of abuse. Neglect occurs in nursing homes when there is serious misconduct or mistreatment, which could result in bedsores or wrongful death.

While abuse is a harmful action against an elder, neglect is the lack of action. It’s an omission or failure to meet the standards of care necessary for an elder’s health and well-being.

Neglect is a breach of duty defined as the refusal or failure to fulfill obligations to an elder. Neglect may also include failure of a person who has financial responsibilities to provide care for an elder, or the failure on the part of an in-home service provider to provide necessary care.

One in every 9 seniors reported financial exploitation in the last year. Financial exploitation is a serious form of abuse because it can continue for extended periods of time before being discovered, causing irreparable harm to an elder’s financial picture. Depending on the extent of the crime, financial exploitation can devastate a senior’s savings. reduce their ability to afford medical care and destroy the lifestyle they’ve become accustomed to.

Nursing Home Abuse Statistics

Elder abuse is extremely common, especially in nursing homes. As adults age, they become more likely to experience abuse. The rates of abuse are higher for older individuals living in nursing homes or other care facilities.  The National Center on Elder Abuse identifies five major categories of abuse. Psychological abuse is the most common form of senior abuse, and one of the most difficult to identify.  Others include neglect, physical abuse, sexual abuse and financial exploitation.

  • An estimated 5 million elders are abused each year in and out of nursing homes.
  • Approximately 1 in 10 elderly Americans that are 60 years old and over have experiences some sort of elderly abuse.
  • A recent study reported that 24.3% of residents experienced at least one instance of physical abuse while in a nursing home.
  • Emotional abuse was the most prevalent type reported by nursing home staff members, according to a 2020 WHO study. Nearly 1 out of 3 of staff members admitted to emotionally abusing residents.
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Frequently Asked Questions

If you see signs of abuse or neglect that endanger a nursing home resident’s life, you should phone 911 to summon emergency medical assistance. In other cases, you should notify nursing home management, the state’s regulatory body and/or an experienced nursing home abuse and neglect attorney.  Resources in Texas include (click to view website):

Nursing home abuse lawyers are a subset of personal injury attorneys. This specific type of lawyer specializes in helping elders who were abused by nursing home staff while living in a care facility.

A skilled nursing home abuse lawyer can:

  • Gather detailed information to build the best case
  • Help victims take action against the staff members and facilities responsible for their abuse
  • Use their deep understanding of the legal system to win compensation

When it comes to physical restraints, there is sometimes a need for them in the nursing home setting. Residents must be assessed for their risk of falls, and some residents have greater chances to injure themselves by falling out of bed or when they are transferring from their wheelchair to their bed and vice versa. Nursing homes must establish and follow a fall prevention plan. In some instances, the fall prevention plan may validly call for some form of a restraint to be used on a resident for their own protection.

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Talk to Attorney Rick Molina Today!

Having loved ones in nursing homes can be emotionally and financially burdensome.  The situation is made that much worse when you suspect that your loved one is being abused at the nursing home.  Attorney Rick Molina can help you find out if the abuse is taking place and your legal course of action if it is determined that your loved one is being abused.  The first step is to schedule and talk to Attorney Rick Molina about your concerns.

We work on a contingency basis so you pay us nothing up front and a percentage when we win your case.  We have helped hundreds of people over the past 30 years to get back on their feet after serious injuries and we can help you!

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