When an elderly relative is no longer healthy enough to stay in their home, or there isn’t a family member who can live with them full-time, often they must be moved to some sort of assisted living facility. There are many nursing care facilities around Dallas and the surrounding areas that care for elderly Texas citizens. In the last fifteen years, the aging population of Texas has grown by 1.5% of the total population, bringing it up to nearly 15% of the total 321,000,000 residents.
This large population of citizens aged 65 or older means that the nursing facilities in and around Dallas are constantly filled to capacity. These homes, meant to offer assistance and health care, have become the focus of law suits and claims of abuse and neglect in recent years.
Dallas and the surrounding areas are governed by the laws of Texas, which are very clear on the care and protection of senior citizens. Anyone at or over the age of 65 is considered an elderly resident of Texas, and is protected by special organizations designed to advocate for their rights. In many cases, elders have disabilities or illnesses that stop them from seeking legal protection in the event of abuse or neglect themselves.
The Texas Department of Aging and Disability is responsible for upholding the standards of the laws regarding elder care, and is the party that creates and backs the specific laws in place.
The Texas Adult Protective Services are one organization that are largely responsible for investigating any claims of abuse or neglect within private residences or in nursing care facilities where the patient is not provided for by Medicaid.
If the abuse or neglect involves a patient on Medicaid, the Attorney General’s office takes over the investigation, because the abuse is in direct violation of the laws that govern the acceptance of Medicaid funds. In this instance, in addition to being charged with abuse or neglect, the nursing facility or staff would also be charged with fraud.
There are many attorneys in Dallas that specialize in cases involving nursing home neglect. These lawyers typically take on cases involving neglect, physical or sexual abuse, emotional abuse, malnutrition, medical malpractice, financial abuse, and wrongful death.
These cases can be presented from a single family or individual, but Dallas lawyers may also ask if you are willing to combine your claim with a class action suit in the case of a nursing home that has several complaints against it. In these cases, a large group of families or individuals bring their suits against the nursing facility in one case, allowing the additional evidence of other cases to help show how the nursing facility had a pattern of neglect or abuse.
Contacting a lawyer is usually the responsibility of the family or individual, unless the Attorney General’s office was involved in the case of Medicaid fraud.
Getting an attorney to represent you in an elder abuse case is a three-step process. First, you must have a consultation with the attorney. During this time, you will present the case you have, including the evidence that was gathered by the investigation. Usually the more details you have at this stage the better. Then there is an evaluation period, where the attorney and perhaps their firm’s partners will consider the case. If they think they will be successful representing you, they will notify you that they have accepted your case.
The city of Dallas and the state of Texas both have serious ramifications for abusers who harm elders in their care; the sooner and more thoroughly you present your case, the more likely it is you can protect your loved one.
Sources:
http://www.mclartypope.com/nursing-home-negligence/
http://www.malmanlaw.com/Malman-Law-Injury-Blog/nursing-home-lawsuit-happening-in-dallas-case/
http://www.huffingtonpost.com/max-gottlieb/how-to-contact-an-attorne_b_9350508.html