Documenting Evidence of Abuse
If you suspect your relative is being abused in a nursing home, follow these steps:
- Step One: Visit quietly with witnesses, such as other staff members, residents, or their guests.
- Step Two: Start keeping a detailed log which includes date and time, witnesses, perpetrator, and a description of what happened.
- Step Three: Enlist other family members to help gather facts.
- Step Four: Take photos and videos of any visible signs of abuse (torn clothes, bruises, dramatic weight loss, etc.).
- Step Five: Gather detailed financial and medical records to document all treatment (and the cost).
- Step Six: If you file any written complaints, keep copies (including written responses). Enter detailed descriptions of these events and any meetings with administrators, etc., in your log.
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Step Seven: Texas also allows you to install a hidden camera in your relative’s nursing home room (known as a “granny cam”). But ask your nursing home abuse attorney about some rules you must follow in order for the evidence to be legally admissible.
WHO IS RESPONSIBLE FOR NURSING HOME ABUSE?
If your loved one has suffered from neglect or abuse as a nursing home resident, it must first be determined who among the staff is responsible.
It may involve:
- Nurses and caregivers
- Maintenance staff
- Other residents
- Visiting family members.
While your relative is in the care of a nursing home, the facility is responsible for all that happens to your loved one, regardless of who harms or abuses your relative.
Examples of Nursing Home Abuse
The following are a few examples of specific nursing home abuse situations. If you suspect your loved one is suffering from abuse at a nursing home, contact a seasoned Houston nursing home abuse lawyer.
Physical abuse
- Abrasions which may be injuries from being restrained by ropes or straps
- Internal injuries that may be identified by pain or malfunctioning organs
- Traumatic hair or tooth loss
- Sprains, broken bones, fractures, or dislocated joints.
Emotional abuse in nursing homes
- Caregiver yelling, shouting, screaming or threatening to harm the patient
- Talking to the patient like one would a child
- Embarrassing or making the patient feel guilty or upset in front of others
- Nonverbal isolating or prohibiting your relative from interacting with other residents
- Restricting access to food, water, or the bathroom.
Sexual abuse in nursing homes
- Problems walking or sitting
- Torn, bloody, or stained underwear
- Bruises of the genitals or inner thigh
- Panic attacks, symptoms of agitation or other signs of Post-traumatic stress disorder (PTSD)
- Social or emotional withdrawal from others
- Engaging in inappropriate or unusual sexual activities.
COMMON WARNING SIGNS OF NURSING HOME ABUSE
You should be concerned if your nursing home relative has:
- Unexplained bruises, cuts, burns, sprains, or fractures
- Bedsores
- Rapid weight gain or loss
- Sudden changes in normal behavior
- Being kept in an over-medicated state, or not having their pain managed effectively
- Lost or missing possessions
- Abruptly changing legal papers such as a will or financial documents.
Other clues may come from the facility’s nurses or staff members themselves:
- They don’t keep you and family members up-to-speed about your relative’s status; or they give evasive, non-specific answers to direct questions about your family member.
- They cannot satisfactorily explain the marks or bruises on your loved one.
- You or your relative’s visiting friends are discouraged from visiting your relative, or there are delays in allowing you to see your loved one on arrival.
- Or you are dissuaded from being alone with your family member.
What You Need to Know
Causes of Neglect
Most causes of nursing home abuse surround employee issues, including:
- Staffing shortages
- Lack of staff training and experience
- Underpaid caregivers
- Poor supervision, management or accountability
- Personal issues involving individual caregivers.
NURSING HOME RESIDENT RESOURCES
STATISTICS
Poor care in Texas nursing homes has consistently placed the state at or near the bottom of nearly all national rankings, including:
- 2014 & 2015 – Families for Better Care, a nonprofit advocating better nursing home care, ranked Texas 51st (including Washington, D.C.)
- 2017 & 2018 – 45th in U.S. News & World Report
- AARP’s 2018 Long-term Care Scorecard – 35th
Houston Nursing Home Abuse Lawyers Helping People Just Like You
Terry Bryant opened his own law firm in 1985. Ever since, he’s been helping people just like you deal with the challenges of personal injury claims. He has the knowledge necessary to help with your legal claims.
Let our team of nursing home neglect lawyers help you today. A Houston nursing home abuse lawyer at Terry Bryant have extensive knowledge of the evidence, procedure, and legal process surrounding personal injury claims. We know the system, and we know Texas.
Client Testimonial
”Our attorney Mr Waldman was very helpful and really fought for our needs. He was upfront and informative and we felt very supported throughout the process. We would highly recommend this law firm.” – Jenny Ginger (Google Review)
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
