Elderly people are one of the most vulnerable populations in Texas. Their physical and emotional health can be easily compromised because of their old age and any other conditions that they might have. That’s why any form of abuse against a resident of a nursing home can be so damaging—elderly people are already vulnerable, and the abuse can cause a rapid decline. That’s where our Fort Worth, TX nursing home abuse lawyer comes in.
At Buckingham Barrera Vega Law Firm, we have experience representing victims who have been mistreated by their long-term care facility. We advocate for your loved ones who were abused by their nursing home staff and other parties so that they can get the justice that they deserve for their damages. We’ll fight to hold the facility accountable for their negligent and harmful actions.
Texas Nursing Home Residents’ Rights
When a resident of a nursing home is abused, their rights are being violated. Even though they’re living in a place that is owned by another party, that doesn’t mean that their rights are stripped away. They may be older and need more care so they can’t live at home or with family, but they still deserve to maintain the same dignity and their rights.
Here are some of the rights that residents of Fort Worth long-term care facilities have that need to be upheld, as outlined by the Texas Department of Aging’s Resident’s Bill of Rights:
- The right to be free from all physical and mental abuse.
- The right to be free of all physical and chemical restraints.
- The right to practice their own religion.
- The right to maintain their dignity and handle their own affairs.
- The right to a safe and decent living environment.
- The right to make a complaint about their treatment.
- The right to make decisions in their treatment.
- The right to manage their own finances or appoint their own manager of finances.
- The right to their own records, as well as confidentiality.
- The right to visitors and private access to a phone.
- The right to privacy.
While these aren’t the only rights that your family member has as a resident of a long-term care facility, these are some of the most important that you should know. That way, if your loved one’s rights are being infringed upon, you will be able to recognize what’s happening and determine if they’re being abused.
When you think your loved one’s rights are being violated while in their nursing facility, you could use the help of our Fort Worth, TX nursing home abuse attorney. Our knowledge of their rights and other laws enables us to help get them the justice they deserve.
Types of Abuse in Fort Worth Nursing Facilities
As mentioned above, one of the most important rights that your elderly loved one has as a resident of their long-term care facility is the right to be free of all types of abuse. You should know the different types of abuse that exist so that you can more easily identify what those types of abuse might look like.
Here are the most common types of abuse that a nursing home abuse lawyer sees, and some of the different actions that can help you identify which type of abuse your loved one is experiencing:
- Physical. This type of abuse is when your loved one is enduring harm that endangers their physical wellbeing. When a resident is being physically or chemically restrained, they are being physically abused. This type of abuse also pertains to hitting, pushing, being rough, or any other action that physically harms the resident. This can lead to bruising, broken bones, and declining health of your loved one.
- Emotional or Mental. Emotional and mental abuse can be just as damaging as physical abuse, even though you might think of it as only damaging to the mind. When a person verbally abuses, yells, or demeans a resident, then this can affect their mental and emotional health as well as their physical health because it can impact their appetite and demeanor.
- Neglect. This is a form of abuse that can either be intentional or unintentional but is still abuse either way. All of the other forms are intentional and require a decision to be made by the abusive party, but neglect can be caused by overworking and understaffing that isn’t the fault of the staff. However, it can also be done by a staff member who chooses to neglect a patient. Poor hygiene, missed medication, and malnutrition are all different signs of neglect, and can be dangerous.
- Financial. When staff members, fellow residents, or third parties steal money or take valuables from another resident, they could be financially abusing the resident. This can also manifest in other ways, like a staff member taking control of a resident’s finances unwillingly or convincing an incapacitated patient to sign away their finances to them.
- Sexual. Unfortunately, residents can also be sexually abused. Patients are capable of making their own decisions while in a nursing home, which means they have the bodily autonomy to make sexual decisions. Unexplained STDs and bruising around a patient’s genitals could be evidence that they’re being sexually abused. Their demeanor could also change, and they could become more detached or depressed.
All these types of abuse are unacceptable. Your loved one deserves to be safe and cared for in their facility. When that isn’t happening, they deserve justice for what they’ve endured. Our Fort Worth, TX nursing home abuse lawyer is here to fight for them so that they can be compensated for their suffering.
Who Can Be Held Responsible for Nursing Home Abuse?
When determining who is liable for the abuse your loved one was subjected to, you might think that only a staff member could be accountable, but that’s not true. There are many different parties who could have perpetrated and enabled the abuse to occur. With the help of your lawyer, you’ll be able to file a claim against all of the liable parties.
People who could have abused your elderly loved one are:
- Other caretakers
- Administration of the facility
- Other staff members, like custodians
- Third parties on site
These are all people who could be responsible for abusing your loved one and deserve to be held accountable for their actions. Our Fort Worth, TX nursing home abuse lawyer is here to stand up for your family member’s rights and ensure they are properly advocated for.
Buckingham Barrera Vega Law Firm Will Fight for Your Family
Realizing your loved one has been abused in a place that was supposed to keep them safe can be devastating, especially when they’re suffering from injuries that affect their health. After ensuring they are moved to safety at another Fort Worth facility, you’re likely wondering what to do next. That’s where our lawyers come into play.
At Buckingham Barrera Vega Law Firm, we understand that this is a hard time for your loved one and your family, and we understand the care required in handling your case. When you hire our Fort Worth, TX nursing home abuse attorney, you can have peace of mind knowing that we will handle the legal side of things while your family focuses on healing.
Contact our office today so we can get started on your free consultation.