Elder abuse is often swept under the rug, especially in nursing homes and other elder care facilities where the facility wants to maintain a public reputation of safety and exemplary care. If your parent, grandparent, or other family member was neglected, abused, or outright assaulted while at a nursing home or assisted living facility in the Arlington, TX area, the attorneys at The Queenan Law Firm might be able to bring the assault to light and sue the nursing home to get your loved one the compensation they deserve.
For help with your potential elder abuse or nursing home abuse case, contact our Arlington, TX nursing home abuse lawyers today. Our attorneys offer free legal consultations where we can discuss your potential case, what evidence might be available, and what compensation you might be entitled to. Call us today at (817) 476-1797 to schedule your free case consultation.
Can You Sue a Nursing Home for Elder Abuse in Arlington, TX?
When your loved one moves into a nursing home or senior living community, there are certain expectations about the care they will receive. While senior living communities, assisted living facilities, and nursing homes might vary in the level of care – and the name used for each facility might change – each facility still has certain expectations regarding the treatment of its residents and patients. When the care falls below these standards, the facility’s actions could qualify as “neglect” or negligence. When workers take that neglect a step further, it could constitute “abuse.”
Victims of both neglect and abuse can often sue their abusers, including when the abuse happens in a nursing home. Victims of negligent care or active abuse can often sue nursing homes and receive damages to compensate them for the harm they faced. Many of the victims of abuse in a nursing home are going to be older adults who could either pass away from the abuse or might not be able to bring their case themselves. In many cases, children and grandchildren can contact a lawyer on their relative’s behalf and help them with their case, but a lawyer is the only other person who can represent the victim in court.
To sue for neglect, you must prove that the care the nursing home patient received fell below the expected reasonable “standard of care” if the case is handled as a medical malpractice suit, or that there were other violations of legal duties for a general “negligence” lawsuit. For cases of abuse and intentional acts of violence, you must prove that the responsible individual intentionally acted to cause injury or illness. In both cases, you will also need to prove that the neglect or abuse caused the victim damages, such as medical bills and pain and suffering.
Proving Nursing Home Abuse Cases in Arlington, TX
If you or a loved one was abused in a nursing home, filing a lawsuit can be challenging. Our attorneys are experienced in handling difficult personal injury cases against companies and industries that want to fight liability, and we have fought to get our clients compensation even in difficult cases.
Evidence collection is one of the most difficult aspects of a lawsuit against the nursing home because the nursing home controls a lot of the evidence you need. Some of your strongest evidence is going to be in your hands:
- The victim’s testimony about what happened to them
- Photos of injuries and bruising
- Eyewitness testimony from family about how the victim was treated and how they reacted to the abuse.
Other evidence is within the nursing home’s control and may need to be subpoenaed to give you and your legal team access to it:
- Staff duty logs indicating which staff members had access to abuse the patient
- Call button logs showing when calls for help were received and when they were actually handled
- Security camera footage that might have captured the abuse
- Incident reports and investigation reports
- Complaints filed against staff and workers
- Records of similar abuse and neglect
Lawyers are able to request evidence like this be turned over or preserved for trial. We can also ask the court to order the nursing home to turn over this kind of evidence as part of the lawsuit by using the court’s subpoena powers. We can also subpoena evidence and testimony from other patients, workers, and nursing staff at the nursing home to get their view of what happened.
Some of the other issues with evidence deal with expectations and stereotypes involving elderly nursing home patients. Nursing home workers accused of abuse will often try to shrug off accusations by denying allegations and saying that the patient does not have the mental faculties to recognize what happened, blaming senility, dementia, and other issues. In some cases, this kind of gaslighting and manipulation may qualify as additional psychological abuse – and attempts to scare a patient into keeping silent might constitute witness intimidation.
In any case, any additional evidence that backs up the victim’s story will help prove that their story is true and convince a jury to rule in favor of the victim.
It is important to work with a lawyer for help gathering and assembling this kind of information. Working through official channels like the courts and letters to the nursing home allows a solid paper trail of evidence to help build a strong case. The force of the court can also help us get access to depositions and evidence that you might not be able to get simply by asking the nursing home for it.
Call Our Arlington Nursing Home Abuse and Elder Abuse Lawyer for a Free Case Consultation
If you or a loved one lives at a nursing home or other elder care center and faced neglect or outright abuse, contact an attorney immediately. The Arlington, TX nursing home abuse lawyers at The Queenan Law Firm offer free legal consultations to help victims get the compensation they need and understand how to proceed with their claims. For a free case consultation, call us today at (817) 476-1797.