346-590-6665Elder Abuse Lawyer in Houston
Suing an Assisted Living Facility for Elder Abuse, Neglect, Negligence, and Wrongful Death
Dealing with the aftermath of elder abuse or neglect in an assisted living facility can be incredibly challenging. Nobody wants to find out that their loved one has been abused or neglected by the very people the family entrusted to care for them. When the worst happens, you need an attorney who can help you hold the responsible parties accountable.
Senior citizens are some of the most vulnerable to abuse. If you suspect your loved one has been a victim, call Moises Morales Law at 346-590-6665 to talk to a nursing home abuse lawyer.
Types of Injuries and Neglect in Assisted Living Facilities
Nursing home residents are dependent on their caregivers for food, water, bathing, and medical care. However, the truth is that many of these facilities are understaffed, which can contribute to neglect and purposeful abuse.
Many elder abuse cases involve physical abuse, sexual abuse, or neglect. Common issues include:
- Falls and drops
- Choking
- Bedsores
- Medication errors
- Dehydration
- Malnutrition
- Infections
- Physical or sexual assault
- Respiratory errors (vent and trach care)
- Understaffing
However, it’s also possible for elder abuse cases to involve emotional abuse or financial exploitation. For example, a staff member in a nursing home taking a resident’s debit card to make unauthorized purchases is financial abuse. This is true even if the resident gave permission if they aren’t able to make decisions for themselves, such as if they have Alzheimer’s or another memory-related condition.
Signs that your loved one may be the victim of abuse or neglect include:
- Being fearful of certain staff members
- Sudden changes in mood or behavior
- Unexplained injuries
- The facility refusing to let family members visit
- Bills going unpaid even though the person should have the money to pay them
If you’re seeing any of these signs or have reason to believe your loved one isn’t getting the care they should, call our office today.
What Factors Contribute to Nursing Home Abuse?
Abuse, neglect, and poor quality of care in assisted living facilities often stem from corporate decisions prioritizing profits over resident safety. Staff shortages and long hours contribute to worker frustration and fatigue, increasing the risk of errors and abuse.
Assisted Living Facilities vs. Nursing Homes
Assisted living facilities (ALFs) were designed to provide a residence for the elderly, positioned between Independent Living Facilities (no care) and Nursing Homes (extensive care). Unlike nursing homes, ALFs are not required to follow stringent federal regulations, leading to varied and often insufficient state regulations.
Ownership and Corporate Influence
Around 56% of ALFs in the United States are part of chains controlled by around 40 corporations. These corporate owners often prioritize financial gains over the quality of care provided.
Marketing Tactics and Disease-specific Programs
To attract more residents, many ALFs market disease-specific programs. However, these programs often offer more marketing hype than actual additional care.
Who Can File an Elder Abuse Lawsuit?
An injured resident or their family members can sue an assisted living facility if there is evidence of elder abuse. While victims are clearly entitled to pursue a case against their abuser, these claims often involve those who suffer from memory loss or cognitive issues that make it impossible for them to assist in their cases. In some situations, they may not even be aware that they have been abused. This is why the law allows for family members to file an elder abuse lawsuit on the person’s behalf.
In most cases, the victim or their family member has two years to file a personal injury claim for elder abuse or neglect. For victims, the timeline generally starts when the abuse occurred. However, because it may take family members time to recognize the abuse, it’s also possible for the clock to start when the abuse is discovered or when it should have reasonably been discovered.
In elder abuse cases, it’s important to act quickly to keep your loved one safe and to ensure that evidence can be collected and preserved for your claim. As soon as you believe that abuse or neglect is occurring, contact our firm to get help.
Why You Need an Elder Law Attorney
If you or a loved one has suffered due to neglect or abuse in an assisted living facility, it is crucial to seek legal advice. Our experienced team is dedicated to advocating for justice and securing the maximum compensation you deserve.
We prepare every case with the utmost thoroughness, treating each one as if it will go to trial and focusing on obtaining a fair outcome for our clients. Moises Morales Law offers comprehensive legal representation for various cases of abuse and neglect in assisted living facilities. Call our office at 346-590-6665 to speak to a Houston elder abuse attorney about your case.