Austin Nursing Home Abuse Attorneys
Working to Secure Justice & a Fair Recovery for You or Your Loved One
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 that 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 experience 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.
What Are the 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/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 which 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 needs to 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 elder person by providing assistance based on medical necessity, psychological evaluation, or relocation services.
Contact Us as Soon as Possible for a Free Consultation
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!
Hear From Our Clients
If you are looking for excellent and honest attorneys, call them.- Paige
It feels good to have a team on your side that knows what they’re doing and is willing to help you against big faceless insurance companies that don’t want to pay up what they owe.- Matt
I very much appreciate all their hard work and will be happy to refer to them should the need come up for friends.- Sandi
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We've Recovered Millions
$1.8 Million Delivery Truck Accident
Our client was t-boned by a large package delivery truck that was traveling in excess of 70 mph. He sustained a severe neck injury that required spinal surgery. *Net to client was $759,182.96.
$350 Thousand Company Truck Collision
Our client was struck by a company truck that ran a red light at a busy intersection. *Net to client was $166,651.36.
$400 Thousand Company Truck Wreck
Our client was traveling down a residential street when a company truck backed out of a driveway into the side of her vehicle. *Net to client was $110,000.
$100 Thousand DWI Wreck Resolved
Our client was struck by a drunk driver in Round Rock, Texas. *Net to client was $51,113.04.
$115 Thousand Distracted Driver Caused Collision
A distracted driver failed to yield the right of way to our client, causing a collision. *Net to client was $25,035.44.
$132 Thousand Distracted Driver
Our client was the passenger in a vehicle struck by a distracted motorist who failed to yield the right of way at an intersection. *Net to client was $33,250.59.
$112.5 Thousand Truck Crash Into Building
A company driver lost control of his vehicle and smashed into a convenience store, injuring our client in the process. *Net to client was $30,259.56.
$82 Thousand T-Bone Collision
Our client had to be airlifted to the hospital as a result of a t-bone collision. *Net proceeds to client were $23,914.57.
$85 Thousand T-Bone Collision Resolved
Our client was t-boned by a distracted driver who ran a stop sign and required surgery for injuries sustained. *Attorney fees and expenses totaled $30,267.51.
$225 Thousand Collision With A Distracted Driver Operating An 18-Wheeler
Our client severely injured her back in the wreck and the driver did not have the required commercial driver's license needed to operate the truck. *Net proceeds to client were $89,737.54.