Austin Nursing Home Abuse Attorneys

Working to Secure Justice & Fair Compensation for You or Your Loved One in Texas

As of March 2015, there were nearly 1.4 million nursing home residents spread out across 15,600 certified homes throughout the country. Most provide quality care for the residents and employ competent nurses, doctors, and caretakers. However, there are some homes that make life worse for their residents, whether through unintentional incompetence, purposeful negligence, or outright abuse.

It’s not just the elderly in nursing homes who face the threat of neglect or abuse; there are nearly 2.1 million reported cases of elderly abuse each year. Given that those aged 60 and older comprise approximately 20 percent (63 million) of the U.S. population, elderly abuse happens far too often in this country. When we consider that most cases go unreported and that the elderly population has increased dramatically in previous decades, the problem is likely greater than statistics suggest.

If you have an elderly family member residing in a Texas nursing home, the trust you place in those working in the home is paramount. If that trust is broken, you’ll need the help of an experienced Austin nursing home abuse lawyer at your side. Our attorneys at Briggle & Polan, PLLC, are dependable and capable of fighting on your behalf. We have recovered millions of dollars for our clients and, most of all, we are committed to providing you with the personalized, compassionate, and aggressive legal representation you need and deserve.

Contact us online or by phone at (512) 400-3278 today for a free, confidential consultation. Se habla español.

Common Types of Elderly Abuse

The American Psychological Association (APA) has identified seven types of elderly abuse that occur most often. The variance of abuse can often depend on who the perpetrator is.

Each of the different types of elder abuse is broken down below:

• Physical – Intentionally striking or enacting harm upon an elderly person
• Sexual – Unwanted contact of a sexual nature is not common, but it does happen
• Neglect – This is the most prevalent type of abuse; employees of nursing and assisted living homes have an obligation to residents—the refusal or failure to commit to that obligation is neglect
• Emotional – Degrading and disrespectful treatment of an elderly person through verbal and nonverbal acts
• Financial – This type of abuse robs senior citizens of an estimated $2.6 billion annually
• Abandonment – The desertion of an elderly person by someone responsible for their well-being
• Self-Neglect – An elderly person may exhibit behaviors that threaten their own health

What makes an elderly person susceptible to abuse? As most would guess, an elderly person may be prone to Alzheimer’s, confusion, or general forgetfulness. The fragile state of their mental and physical strength is what most often makes them prone to abuse. If they have suffered some other form of abuse earlier in their life—such as domestic violence by a spouse—this makes them more susceptible as well.

How Can I Tell the Signs of Nursing Home Abuse?

Sometimes, signs of abuse—even physical ones—will be covered up by the perpetrator or the victim will be forced to lie. Knowing what to look for if you suspect abuse can help stop the problem before it persists.

Some of the common signs of nursing home neglect or abuse include:

• Bruises, cuts, scrapes, and bandages whose presence may very well go unexplained are something to keep an eye on. It’s possible for an elderly person to bump into a table, bruise, and not remember it. But if they are constant or you see new ones every time, then abuse may be happening.
• Change in usual mood can be difficult to notice because the change is typically gradual. Be on the lookout for depression, anger, sleep disruption, or loss of appetite. Anything that strays from their normal behavior.
• Financial distress is challenging to catch before it’s too late, especially if your access to their statements is limited or nonexistent. This applies more closely to family members providing for themselves more so than ones in a home, but if you notice or hear signs of financial distress—unpaid bills, sudden trouble affording groceries, or a lot of newly purchased items—it’s wise to ask if there’s trouble.

No one wants to feel like a snoop, and it may be easy to dismiss a person’s mood as something they may just be feeling that day, but if issues remain consistent, you have to do what’s necessary to protect your family member’s safety.

What Should I Do If I Suspect Elder Abuse?

This can be a tricky situation. In order to build a case, there must be evidence against the perpetrator. If the victim is your family member, concrete evidence may be slim before you decide to act. There are times when you should follow a certain protocol, and there are times when you need to take immediate action.

If your elderly family member is residing in a home and there are physical injuries or you suspect that they may be in danger, call the police immediately. Otherwise, you can call Adult Protective Services (APS) or use the Eldercare Locator to find all the numbers you may need.

Knowing what to say when you call these authorities and what to expect afterward is important. Some of the questions you may have to answer include:

• Are there any known medical problems (that were present before the suspected abuse)?
• What is your family situation like? Does your elderly family member have a large support system?
• Have you personally seen or heard the actions of abuse, whatever they were?

This is in addition to the personal information you’ll have to provide including the name, address, and contact information of yourself and the elderly.

After you speak with the authorities, a caseworker from Adult Protective Services will be assigned to conduct an investigation within 24-72 hours, depending on the severity of the allegations. APS will do whatever is necessary to protect the health and safety of the elderly person by providing assistance based on medical necessity, psychological evaluation, or relocation services.

Resources in Austin for Elder Abuse Prevention & Support

Several local resources are available in Austin to address and prevent elder abuse, providing crucial support and information for residents and their families. One such organization is the Area Agency on Aging of the Capital Area, which offers many services to protect elderly citizens. This agency provides education on elder rights, support groups for caregivers, and assistance with long-term care planning to ensure informed decision-making.

Additionally, the Austin Police Department has a dedicated Elder Abuse Unit that works closely with community organizations to investigate and prevent elder abuse. This unit is trained to handle sensitive elder abuse cases with the necessary diligence and care, ensuring perpetrators are held accountable. Austin's Senior Access program also provides services and volunteer opportunities, fostering community involvement and reducing isolation, one of the contributing factors to elder abuse. These resources, among others, are integral in creating a safe and supportive environment for the elderly, enhancing community awareness, and fostering proactive approaches to prevent abuse.

Frequently Asked Questions About Nursing Home Abuse

What Steps Can I Take to Prevent Nursing Home Abuse?

Preventing nursing home abuse begins with choosing a reputable facility. Research facilities extensively, considering state inspection reports and verified reviews. Visit each potential nursing home unannounced and at different hours to observe how staff interact with residents at all times of the day. Look for signs of adequate staffing, cleanliness, and the general demeanor of residents.

Maintaining regular contact with your loved one is vital. Frequent visits boost morale and deter potential abuse, as staff are aware that the family is vigilant. Foster a good relationship with the staff to ensure open communication; knowing who’s caring for your relative can make a significant difference. Additionally, look for any unexplained changes in behavior or health and report anything suspicious immediately.

What Are the Legal Obligations of Nursing Homes to Prevent Abuse?

Nursing homes in Austin are legally obligated to uphold the safety and well-being of their residents. This includes adhering to state and federal regulations, such as providing adequate staffing and conducting comprehensive employee background checks. Facilities must also maintain safe living environments, ensure residents receive necessary medical care, and respect their rights to privacy and autonomy.

Nursing homes must have procedures for reporting and investigating suspected abuse cases, which must be addressed swiftly and comprehensively. Residents and their family members should be informed about these procedures, ensuring full transparency and accountability. Regular audits by the Texas Department of Aging and Disability Services help enforce compliance, holding facilities to the highest standards of care. Families can leverage this information to hold nursing homes accountable, demanding safe and dignified living conditions for their beloved elders.

What is the Process for Investigating a Nursing Home?

Investigating a nursing home in Austin begins with filing a complaint with the Texas Department of Aging and Disability Services or a similar regulatory body. This department oversees nursing homes' health and safety standards and will launch an investigation upon receiving a complaint. During the investigation, inspectors visit the facility, review records, and interview staff and residents to gather detailed information on the complaint.

Depending on the findings, necessary corrective actions are enforced, which could range from staff retraining to severe penalties, including closure of facilities in extreme cases. Throughout the investigation, the complainant is kept informed about the progress and decisions made by the authorities. Engaging legal representation can help navigate this process, ensuring the investigation is thorough and necessary actions are taken to address any harm. This protects your loved ones by demanding accountability and transparency from those entrusted with their care.

Contact Our Nursing Home Abuse Lawyer in Austin Today

It’s likely that you will be filing a claim or, potentially, a lawsuit against the neglectful party. If this is the case, you’ll need strong representation by your side. Contact the Austin nursing home abuse lawyers at Briggle & Polan, PLLC. We are a team of diligent trial attorneys, well-versed in elderly abuse and neglect claims and we can fight on your and your family member’s behalf for fair compensation.

Your initial consultation is free. Call us today at (512) 400-3278 to get started with our Austin nursing home abuse attorney!