What happens to nursing home residents during severe weather in Houston Texas?
Nursing homes are supposed to have plans in place to deal with emergencies, just like all other healthcare facilities. When Hurricane Harvey hit the Houston metro area in 2017, it caused some of the worst flooding and water damage in the region’s history. Some nursing homes apparently also had issues with treatment of their patients during this time, and the related legal issues are still ongoing.
People who are living in a nursing absolutely should not remain stranded or without proper care due to the weather, especially if the administration knew the area was supposed to be evacuated.
Possible criminal charges against nursing home owner after Hurricane Harvey
A nursing home in Port Arthur was facing the possibility of both criminal and civil actions based on its handing of the evacuation process during the hurricane. The residents were in chest deep water by the time they had left the Lake Arthur Place nursing home. After a recent hearing in front of a Jefferson County grand jury, the administrator of the home will not be charged criminally, however the home and its owners are still expected to face a number of civil lawsuits and other related legal issues.
The local district attorney has stated that although criminal negligence charges have not been filed, residents should contact their local Congressman and others in government to develop stricter regulations for nursing homes and related facilities, especially regarding disaster management. Many states and local governments around the country are already taking action to try to stop the epidemic of nursing home abuse and neglect.
The duty to protect
As the previous story shows, a lack of preparation can have severe consequences for both residents and the administration of any nursing home. Negligence is the legal term for when a person or business breaches their duty of care and causes injury to others. During severe weather such as Hurricane Harvey, it is possible for large numbers of people to be injured or die due to the negligence of those responsible for preparation. This is why the law imposes certain standards to compel them to plan ahead and make sure the people under their care stay safe.
Waiting until a building is flooded with chest deep water before evacuating the area is clearly a problem, and it is easy to imagine that people with limited mobility can drown in these situations. It is also possible that the administrator was in trouble for ignoring a government order to evacuate the area before the hurricane made landfall. Many elderly people in nursing homes are also dependent on medical equipment to maintain their health, and power outages during severe weather will make these machines and other forms of treatment unavailable. This is why nursing homes and other healthcare facilities have backup generators and other forms of auxiliary power.
When to file a lawsuit
If a nursing home does not adhere to certain standards to keep its residents safe because of weather or other foreseeable events, it is definitely possible to file a lawsuit due to this deviation from proper care. An experienced nursing home abuse lawyer can discuss any specific injuries or medical problems that resulted from the staff’s lack of preparation. The amount paid out to victims will usually cover expenses related to necessary treatment, and there is also the possibility of receiving larger amounts of damages meant to punish the administration for their inappropriate handing of the situation.
Get legal help now
There are lawyers who specialize in issues affecting the elderly who can file a lawsuit after a nursing home injury. Reich and Binstock Attorneys at Law specialize in helping people in the Houston area after all kinds of injuries and accidents.
