Nursing Home Abuse Your Injury, Our Fight

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Brownsville Nursing Home Abuse Lawyer

While most of us know that nursing home abuse is a major problem in the United States, it’s hard to imagine that it could ever happen to a loved one. But we all must recognize the very real possibility that our family members could suffer mistreatment in a long-term care facility—especially with the surge in recent years of issues related to understaffing and the spread of infection.

A 2022 report from the WHO showed that 2 in 3 care facility staff members admitted to committing abuse in the past year.

No matter how challenging the work environment may be, there is never an excuse for a staff member to commit abuse. Care providers who violate the rights of nursing home residents must be held accountable. At Buckingham & Vega Law Firm, we fight for justice on behalf of elder abuse or nursing home neglect victims in Texas.

If you know or suspect that a loved one was abused or neglected, a Brownsville nursing home abuse lawyer from our personal injury law office is available for a free case evaluation. We’ll go over the details of your case to determine your legal options and the best way to protect your loved one’s future.

The nursing home abuse attorneys on our team are dedicated to representing victims of resident mistreatment and neglect. We provide helpful and supportive legal guidance to families in the Brownsville area, Cameron County, and throughout Texas. Contact our office to schedule a free consultation with an attorney on our team.

Call us at (505) 388-0066 or fill out this form.

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Explore How We Have Helped Our Clients

$73.21 Million Verdict Birth Injury
The Buckingham & Vega legal team secured a $73.21 million verdict on behalf of a baby who was catastrophically injured due to the negligence of their doctor and medical team.
Record-Setting $72 Million Verdict Birth Injury
The Buckingham & Vega team obtained a $72 Million verdict in a birth injury case when an OB/ GYN failed to properly monitor the mom during pregnancy.
$16 Million Truck Accident
Buckingham & Vega obtained a $16 million settlement in a truck accident case. The truck driver was speeding and inattentive (texting) and crashed into the rear of a pickup truck stopped at a stoplight.
$14 Million Dram Shop Liability
Our team obtained a $14 million dram shop verdict on behalf of a client who was injured due to negligence.
13 Million Work Injury
Buckingham & Vega represented an oilfield worker who was killed when their company failed to properly train its employees on how to safely move waste bins. Our client was killed when he became trapped between two bins.
13 Million Truck Accident
Our team secured a 13 million settlement in a truck accident case. An eighteen-wheeler made an unsafe turn in front of a car driven by a grandmother and her family. The grandmother was killed and the family suffered severe injuries.

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How Can a Brownsville Nursing Home Abuse Attorney Help?

A large number of families in Brownsville entrust the services of nursing homes in our surrounding area. Facilities like Brownsville Nursing and Rehabilitation Center, Spanish Meadows, Ebony Lake Nursing and Rehabilitation Center, and Alta Vista Rehabilitation and Healthcare collectively provide care to thousands of older adults in our community.

The services nursing homes offer are indispensable to the wellbeing of our senior populations. Long-term care facilities have the resources to give the medical care and round-the-clock support that most family and care providers are unable to accommodate at home.

The importance of nursing homes to our city’s health makes it even more critical that we hold these institutions to the highest standards of care.

Texas law bans nursing home abuse and neglect and gives victims and their families the means to seek justice and prevent future harm. A personal injury lawyer specializing in nursing home abuse cases can help you and your loved one work toward:

Health. Personal injury claims help victims recover damages that make quality, long-term physical and psychological health care affordable.
Safety. Legal action can give your loved one the financial means to change nursing homes or find a safer solution for their ongoing care and residency.
Quality of Life. Nursing home residents should not be forced to make sacrifices because they were emotionally, physically, or financially devastated by abuse. Nursing home abuse attorneys help victims achieve the means to enjoy their remaining years in peace and comfort.
Protecting Others. A successful case can block an abuser from access to potential future victims and force facility administration to reexamine negligence in staff hiring and monitoring. If you don’t take action on behalf of your loved one, the chances that another resident will be victimized are high.
Systemic Improvement. Change is made when large-scale issues in nursing homes are addressed and penalized, setting an example for other nursing homes. Our attorneys use the law to make sure facilities are held accountable for negligence like understaffing, overworking, inadequate staff-to-resident ratios, poor staff communication, insufficient protocols for abuse and neglect, and unsafe premises.

The Brownsville nursing home abuse lawyers from Buckingham & Vega Law Firm use every case as an opportunity to better the future of your loved one and our elder communities in Texas. Contact us today to learn how we can help you.

What Constitutes Nursing Home Abuse?

Elder mistreatment is categorized by the National Center on Elder Abuse (NCEA) as harmful behavior that takes on one of the following five forms:

Physical abuse
Sexual abuse
Financial abuse
Emotional abuse
Neglect

We’ll first examine the four types of abusive behavior before looking in more detail at the difference between nursing home abuse and nursing home neglect.

Physical Abuse

Any physical injuries that result from violence or unnecessary force fall under the category of physical abuse. This may involve:

Hitting, slapping, beating, or punching
Pushing or shoving
Dragging
Pinching
Strangulation
Burning
Improper use of physical restraints
Force-feeding

Sexual Abuse

Sexual abuse includes any non-consensual contact of a sexual nature, such as:

Violent sexual assault
Sexual harassment
Sexual acts with a nursing home resident who cannot give consent
Forcing or coercing a resident to watch, discuss, or participate in sexual activity
Unwanted touching

Financial Exploitation

One of the most prevalent forms of mistreatment is financial exploitation, the appropriation of an elder’s assets without their knowledge or consent. Financial exploitation may be seen when a caregiver:

Steals valuables
Forges signatures
Uses credit cards or bank cards without the owner’s knowledge
Manipulates a resident into changing a will or adding names to deeds
Uses phony investment schemes or other scams to trick a resident out of funds

Verbal, Emotional, or Psychological Abuse

This broad category harms victims through non-physical means. The frequent lack of any readily observable signs makes it one of the most insidious types of nursing home abuse. Acute emotional issues and deteriorating physical health can result from:

Insults
Threats
Social isolation
Verbal attacks
Lack of respect for a resident’s needs or wishes
Withholding affection, communication, or rewards
Threatening to keep residents from family members
Humiliation and shaming
Gaslighting and other forms of manipulation

What Is the Difference Between Abuse and Neglect in a Nursing Home?

Neglect is defined as a failure to provide helpful and immediate care that meets the needs of nursing home residents. Although neglect is less intentional than abuse, it can still cause the same level of harm.

It is usually considered nursing home neglect when a staff member does not provide the resident with:

Clean water
Medication
Seasonally-appropriate clothing
Medical attention when needed
Shelter and suitable room temperatures
Safety
Comfort
Social and emotional support
A consistent supply of food that meets dietary needs
Personal hygiene

Allowing a resident to fall into a state of self-neglect, abandonment of a resident, and failing to protect against elopement can also be considered forms of nursing home negligence.

Warning Signs of Nursing Home Neglect and Abuse

Abuse, neglect, and financial exploitation can all result in a range of medical conditions and emotional issues. Family members should be vigilant in watching for signs of mistreatment in an elderly loved one and their care facility.

Spending time with your family member is the best way to know if something is not right. Noticing subtle symptoms like weight loss or personality changes is difficult when you are not consistently present in the life of your loved one.

If someone close to you resides in a nursing home in Brownsville, TX, our attorneys recommend you stay alert for the following signs that can indicate abuse or neglect.

Signs of Abuse or Neglect in a Resident

Bed sores
Weight loss
Poor personal hygiene
Changes in demeanor
Depression or anxiety
Unresolved medical conditions
Sudden changes in finances
Missing valuables
Unusual reactions to a certain staff member
Infections
Unexplained injuries like bruises, cuts, and broken bones
Sexually transmitted diseases (STDs)

Red Flags in the Nursing Home Environment

Dirty or cluttered premises
Staff who are rude or noticeably unhappy
Staff who do not know the names of residents
Difficulty summoning a staff member for help
Lack of bedrails or handrails, poor lighting, loose wiring, and other trip hazards
Residents who are ungroomed or poorly dressed for the season

Rights of Texas Nursing Facility Residents

Residents in nursing facilities are afforded rights that allow them to make their own life choices. This ensures a high quality of life and dignity to live in peace in a place where they can receive the daily care they can’t provide themselves.

The Texas Department of Health and Human Services outlines long-term care residents’ rights. Some of the essential rights afforded to Brownsville nursing home residents are the right to:

Safe and clean conditions
Dignity and respect
Freedom from any kind of discrimination
Personal choice in a health plan
Choose your own physician
Keep your own belongings
Make your own financial choices
Have visitors
Privacy (including mail and phone calls)
Refuse care
Choose activities, both inside and outside the facility
Complain

The attorneys at Buckingham & Vega Law Firm have a thorough understanding of the rights guaranteed to every Brownsville nursing home resident under Texas and federal law. If the legal rights of an elderly loved one were violated, an attorney from our office can help you hold the nursing home and their insurance company liable for elder mistreatment.

Our Nursing Home Abuse Lawyers Will Handle Your Case With Care

Nursing home abuse is one of the most difficult things a family can face. When a nursing facility abuses your elderly loved one, you may feel completely helpless—unsure how you can ever help your loved one regain the health, confidence, and safety to live a meaningful life in their golden years.

Our Brownsville, TX nursing home abuse lawyers understand the extreme difficulty and sensitivity of any case of nursing home abuse or neglect. We are here to help you take legal action. But we know your case is much more personal than just the paperwork or insurance company negotiations. At Buckingham & Vega Law Firm, we handle your case with care and compassion. It’s our goal to ensure your family feels supported every step of the way.

The outcome of a nursing home abuse or neglect case can change your loved one’s life. We are here to facilitate the best outcome possible.

Reach out to our office today to schedule a free consultation.

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How Do I Know if a Brownsville Nursing Home Is Safe for Residents?

There are thousands of nursing homes in Texas. Choosing the right nursing home can be an overwhelming task.

The threat of nursing home abuse or neglect is not the only concern. You also need to find a community that feels like a second home to your loved one. A nursing home should offer not just the basic necessities but a caring environment that fosters a sense of belonging and acceptance in residents.

When visiting long-term care facilities, try to look for ones where you can see:

Plenty of activities and social events
Engaged, present, and qualified staff
Comfortable, clean, well-lit facilities
Adequate security measures
Happy and active residents
A wide variety in meals and foods offered

Another good resource for choosing a care facility is Medicare’s Nursing Home Compare tool. This allows you to review a facility’s ratings in the areas of:

Overall performance
Health inspections
Staffing
Quality measures
COVID-19 vaccination rates
Previous penalties
Fire safety inspections and emergency preparedness

Although these ratings can be helpful in narrowing down your choices, this is no guarantee of a facility’s actual quality, safety, or suitability for your loved one. One bad actor at an otherwise good facility is enough to cause serious problems. It’s always best to visit and ask plenty of questions before committing to a particular home.

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