Nursing Home Abuse Lawyer in Houston

When families trust a care facility to care for their elderly loved ones, they expect compassion, respect, safety, and professionalism. Unfortunately, elder abuse and neglect remain serious issues in long-term nursing homes. If you suspect that your loved one is suffering from nursing home abuse, you need a skilled nursing home abuse lawyer to help.

At Gibson Hill Personal Injury, we help families seek justice for their loved ones dealing with nursing home abuse or neglect. It’s upsetting to know your loved one has suffered when you trusted a facility to keep them safe and healthy. Call (713) 659-4000 or contact us online today and get started with a free consultation with a Houston personal injury lawyer.

Elder Abuse Signs

Recognizing common nursing home neglect indicators early on is critical to stopping harm before it escalates. Some nursing home neglect indicators include:

Unexplained Injuries

Bruises, cuts, or broken bones without a known cause may suggest physical abuse or neglect by staff.

Sudden Social Isolation

A normally social resident who becomes withdrawn may be experiencing emotional abuse or neglect by staff members. Refusing to join group activities can signal intentional isolation, and abusers may isolate victims to prevent detection.

Rapid Weight Loss

Unexplained and rapid weight loss may stem from malnutrition, dehydration, or medical neglect. It may also indicate emotional distress or untreated depression in response to potential caregiver abuse. Nursing homes must monitor resident nutrition and respond quickly to significant weight changes.

Untreated Infections

Ignored or untreated infections often signal serious neglect in nursing homes. Common infections that could signal neglect or abuse include UTIs, bedsores, and respiratory illnesses. Prompt medical care is essential for elderly residents, and worsening or ongoing infections may show repeated care failures.

Unusual Financial Activity

Large withdrawals, missing items, or strange charges may indicate financial abuse. Cognitively impaired residents are especially at risk for financial exploitation.

Fearful Behavior

A loved one who seems anxious, nervous, or scared around certain staff may be experiencing abuse. Fearful reactions can signal physical, emotional, or verbal mistreatment. Take these signs seriously and investigate them right away.

Poor Hygiene

Dirty clothing, body odor, unwashed hair, or soiled bedding show signs of neglect. Facilities must help residents with hygiene daily and consistently poor hygiene increases infection and disease risks, lowering quality of life.

Caregiver Red Flags

Abuse often starts with warning signs in the caregiver’s attitude or behavior. A caregiver who controls conversations about the resident or acts aggressively, dismissively, or possessively may be concealing neglect or abuse. Watch for caregivers who discourage private visits or seem overly involved in limiting the resident’s contact with others. 

How to Help as a Family Member

There are several elder abuse prevention strategies family members can use to look out for their elderly relatives. These include:

• Build Relationships with Staff – Get to know the staff and communicate regularly to build trust and ensure your loved one receives attentive care.
• Visit Regularly – Unannounced visits help you observe care quality and show staff that someone is actively monitoring your loved one’s well-being.
• Know the Signs of Abuse and Neglect – Watch for warning signs like bruises, poor hygiene, sudden mood changes, or weight loss, which may indicate abuse or neglect.
• Stay Involved – Attend care meetings, ask questions, and advocate for your loved one to make sure their needs and rights are respected.
• Monitor Records – Review medical and financial records closely to spot unusual charges, missed treatments, or signs of exploitation.
• Report Suspected Abuse Immediately – Act quickly by reporting concerns to facility management and state authorities to protect your loved one and others.
• Call a Nursing Home Abuse Attorney – Contact a qualified nursing home abuse lawyer to investigate, protect your loved one’s rights, and pursue compensation if needed.

Nursing Home Abuse Lawsuit Process

Knowing the steps involved in a nursing home abuse lawsuit can relieve worry or anxiety about pursuing a lawsuit. Key steps in the process include:

• Recognize the Signs of Neglect or Abuse – Watch for warning signs like bruises, weight loss, poor hygiene, emotional withdrawal, or sudden behavioral changes.
• Report the Abuse – Notify nursing home management and report concerns to Texas Health and Human Services or local law enforcement if needed.
• Contact a Nursing Home Abuse Lawyer – An experienced attorney can help protect your loved one’s rights, assess your case, and explain the legal options.
• Investigate and Collect Evidence – Your lawyer will gather records, witness statements, and expert opinions to build a strong case against the facility or staff.
• File the Lawsuit – Once your attorney collects enough evidence, they’ll file a legal complaint outlining the abuse and the losses sought.
• Negotiate a Settlement – Many cases settle as your attorney can negotiate for fair compensation to cover your losses, potentially without going to court.
• Go to Trial – If a settlement isn’t possible, your case may go to trial, where a judge or jury will determine the outcome.

Legal Rights of Nursing Home Residents

Nursing home residents do not lose or forfeit any rights when relocating into a nursing home or assisted living facility. Some nursing home resident rights include:

• Involvement in Care Decisions – Residents have the right to know about their medical condition and participate in care plans and treatment decisions.
• Freedom from Neglect and Abuse – Nursing home residents must have protection against all forms of physical, emotional, sexual, and financial abuse or neglect.
• Safe and Clean Environment – Facilities must provide a sanitary, safe, and secure environment that supports residents’ health and well-being.
• Dignity and Respect – Every resident deserves compassion, respect, and consideration, regardless of their physical or mental condition.
• Privacy and Confidentiality – Residents have the right to personal privacy regarding care, communication, and in the handling of their medical and financial information.
• Right to Complain and Report Abuse – Residents can voice concerns or report abuse without fear of retaliation, and facilities must respond promptly and appropriately.

Elder Neglect Legal Remedies

Abused individuals and their family members have a few legal avenues to rectify the harm their loved one endured. These options include:

• Criminal Charges – The responsible individuals may face criminal prosecution in severe neglect or abuse cases. Possible criminal charges can potentially lead to fines or imprisonment for perpetrators.
• Civil Claims and Lawsuits – Families and victims can file a civil lawsuit against the staff or facility to seek compensation to cover their losses.
• Regulatory Complaints – Families can file complaints with a state agency, like Texas Health and Human Services. These investigations may result in sanctions, fines, or license revocation for the facility.

Elder Abuse Support Resources

Houston has numerous local and state resources available to those experiencing elder abuse, including:

• Adult Protective Services – Adult Protective Services (APS) investigates reports of exploitation, neglect, or abuse of elderly or disabled adults. Anyone can report suspected abuse to APS in Texas.
• Long-Term Care Ombudsman – The Long-Term Care Ombudsman advocates for assisted living facilities and nursing home residents. They audit complaints, inform families of residents’ rights, and aim to resolve resident care and quality of life issues.
• Houston Police Department – The family violence unit of HPD can investigate suspected criminal elder abuse and refer cases to appropriate social services.
• Harris County Resources for Children and Adults – This Harris County agency provides services for at-risk individuals, including elderly adults, experiencing neglect or abuse. They can coordinate with law enforcement, APS, and other community programs to offer protection to abused individuals.

Frequently Asked Questions

Most of our nursing home abuse clients have never dealt with an issue like this before. We’ve answered some of the questions they initially asked for you here.

Do I need an attorney to file a complaint or lawsuit?

Reporting elder abuse to a regulatory agency doesn’t require a lawyer, but an attorney is critical if you’re pursuing a lawsuit. They can collect evidence, handle insurers, and fight for the maximum compensation your loved one deserves. Without legal guidance, it’s easy to miss deadlines or overlook crucial details that could potentially negatively impact your case.

How long do I have to file a nursing home abuse lawsuit in Texas?

You have two years from the date the neglect or abuse occurred or was revealed to file a lawsuit in Texas. Waiting too long to file could prevent you from being able to pursue compensation.

Can I move my loved one to another facility during an investigation?

You can relocate your family member immediately if you believe your loved one is unsafe in their current facility. Residents have the right to leave the facility, especially in response to safety and care concerns. Nursing homes cannot retaliate against a resident for moving out or filing a complaint.

What compensation is available in a nursing home abuse case?

You can seek compensation for various losses in elder abuse compensation claims, including money for medical expenses, pain and suffering, and relocation costs. A nursing home abuse attorney can evaluate your case to determine how much compensation to pursue.

Contact a Nursing Home Abuse Lawyer in Houston Today

If you suspect your loved one is suffering from nursing home abuse or neglect, don’t wait to take action. Protect your loved one today by calling Gibson Hill Personal Injury to talk to our team of experienced Houston nursing home abuse attorneys. We’ll listen to your concerns, investigate the abuse, and fight for the compensation and justice your family needs. Contact us online or call us today at (713) 659-4000 for your free consultation.