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  • Writer's pictureRobert Schuerger

What Is Considered Nursing Home Abuse in Texas? - Schuerger Shunnarah

Nursing home abuse is more common and dangerous than many people think. It's common for people who commit elderly abuse to either trick the nursing home residents into thinking nothing is happening or threaten to keep them from saying anything. When they notice something is happening, it's already too late and the damage was already done.


The whole purpose of nursing homes is to provide the elderly with a place where they can rest safe from any problem and have someone take care of them, so any kind of abuse is unacceptable in those places.


Unfortunately, this is a problem that keeps tormenting the elderly, so people need to know what they can do to get justice after their loved ones suffer from nursing home abuse.


Schuerger Shunnarah Trial Attorneys is ready to take any nursing home abuse case that gets to its office. This law firm works with some of the finest Dallas nursing home neglect attorneys in the field, and they are former insurance company lawyers, so they know all the tricks their former employers will use on the case. The only thing victims need to do to hire this law firm is to call it and schedule a free consultation today.


What Is Nursing Home Abuse in Texas?

What Is Nursing Home Abuse in Texas?


In Texas, nursing home abuse refers to the mistreatment or neglect residents can suffer during their stay in the facilities. That abuse can come from the employees of the nursing home or other residents. Depending on how severe the problem is and the injuries it causes, the state can consider it a felony or a misdemeanor. Legally speaking, it's a type of domestic abuse and a form of domestic violence.


Regardless of what nursing homes do, if the victim gets severe injuries due to the abuse, it will be a first-degree felony; a second-degree felony if the injuries aren't that severe; and a third-degree felony if the elder abuse didn't involve any kind of physical damage. Cases of financial exploitation are class-b misdemeanors.


Nursing homes are held liable for that abuse, but they only face financial and civil penalties. The criminal penalties go to the direct perpetrator of the abuse, regardless of who they are. Hence, cases of elder abuse often involve civil and criminal trials unlike other types of personal injury that only address the civil matter of the case. Schuerger Shunnarah Trial Attorneys can help with questions like How do you prove nursing home abuse in Texas?


Types of Nursing Home Abuse


There are several types of nursing home abuse, and it's essential victims understand this to know the scope of the abuse they've gone through all that time. The first one is physical abuse, and as its name suggests, it refers to any kind of physical harm that happens in the nursing home. It doesn't matter if the personnel caused this harm directly or indirectly. Sexual abuse falls into this category.


Emotional abuse may be as common as physical harm, as it often comes from the personnel of the nursing home mistreating, intimidating, or threatening the residents verbally. Isolation also counts as emotional abuse. Many nursing home residents suffer from this but are afraid to say anything because they think others won't believe them and that the abuse will become worse afterward. It's worth noting several types of abuse can happen at the same time.


As for financial exploitation, it involves stealing money from the residents or making them give another person money without their consent or through threats and intimidation. Nursing home neglect and medical malpractice are also types of nursing home abuse.


How Can Victims of Abuse Can Find Financial Compensation from Nursing Homes?


The best way for victims of nursing home neglect to get compensation from nursing homes is to sue them for all the damage they caused. It is a long and tedious process, but it's worth it if it helps the victim get justice for everything they went through. Contacting a personal injury lawyer is the first step in this matter.


They will take care of all the legal processes needed for the case. When they file the lawsuit against the nursing home, the court will notify the defendant of the claim, so it will only be a matter of time for the reply to come. It's common for civil cases to end with an agreement with the nursing homes and the victim, but that depends on what the plaintiff's legal strategy aims for and how strong the case is.


If the lawyer thinks they don't have a strong case, they should go for a deal, as it assures the victim a part of the money they wanted to get. On the other hand, victims with a solid case should always go for the full trial to get all the compensation they can (if they can't reach an agreement); however, trials are often long and emotionally challenging, so they would need to be prepared for that.


How to Prove Nursing Home Abuse

Proving physical abuse is the easiest among them all, as the victim only needs to document the harm they suffered from and find medical records that support them. Things are a bit more complex when talking about emotional or sexual abuse with no other physical or traceable implications.


In those cases, it's a good idea to check the cameras of the assisted living facility or look for witnesses who saw what happened. Maybe those witnesses were also victims of nursing home negligence, so victims could even create a class action lawsuit. It's worth noting that abuse in facilities that offer adult protective services can be individual or systemic.


What Can Nursing Home Residents Do After Suffering from Abuse and Neglect?

What Can Nursing Home Residents Do After Suffering from Abuse and Neglect?


Whether it was sexual assault, physical abuse, or any other kind of mistreatment, going through that in a place that is supposed to help people takes a toll on the victims' morale. The World Health Organization has made many reports that state that nursing home negligence is more common than many people think, so even if the victim gets financial compensation, what happens after that?


Most people recommend victims of nursing home negligence and elder abuse, regardless of the type of abuse they went through, join a support group, go to therapy, and work on trusting other Texas nursing homes. Elderly patients should get all the psychological assistance they can get to overcome that trauma. If ever in need, Schuerger Shunnarah Trial Attorneys can also help with other questions like What is the success fee in mesothelioma claims?


Bottom Line - Get Help from Schuerger Shunnarah Trial Attorneys


Victims of nursing home negligence should contact Schuerger Shunnarah Trial Attorneys right away. This law firm understands them and will do everything they can to get them the justice they deserve. Maybe getting financial compensation won't erase the fact that they suffered that abuse, but it can give them the money to heal from a physical injury or find better assisted living facilities.

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