What is Nursing Home Abuse in Austin Texas, and What Can I Do About It?
If you are concerned about the manner of care delivered to your loved one in an Austin Texas Nursing Home, make it known to the Administration to correct it. If you believe actions of abuse or unintentional negligence are occurring, hire an attorney who understands nursing home abuse and the laws against it.
The Texas Health and Human Services Department is in charge of licensing all nursing homes after they prove they are compliant with the mandatory requirements and guidelines of this governing agency. The state licensure insures that they can be monitored with regard to levels of care, staffing requirements, safety measures, and maintenance of the nursing facilities where residents will live. Texas regulations ensure the rights of Texans who live in nursing homes to receive sufficient levels of care delivered with dignity and respect. All nursing home abuse and neglect must be reported. Texas has had a multitude of deficiencies cited by the Medicare Agency in 2017 and 2018 data regarding the most basic aspects of skilled care that should be available to the residents. If you have a loved one in an Austin Texas nursing home, please make yourself aware of their rights, and the signs and common types of abuse.
Resident Rights.
Under the Federal Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 uniform guidelines for long-term care facilities receiving federal Medicaid and Medicare funding, all nursing home residents have rights to receive adequate nutrition, personal hygiene, mental and emotional support, and social involvement. Those who are incapable of daily living activities such as grooming and using the restroom are entitled to personalized care from nursing home staff.
Nursing home abuse.
- Verbal abuse – The directed use of oral, written language or improper gestures that include critical, offensive and belittling terms to residents or their families
- Sexual abuse – sexual harassment, sexual coercion or sexual assault.
- Physical abuse – affect control by the threat of corporal punishment, or hitting.
- Mental abuse – humiliation, harassment, punishment or deprivation, and gas lighting.
- Involuntary seclusion – Separating a resident from other residents taking them from their personal space, or even confinement to his room (with/without roommates) against the resident’s will, or the will of the resident’s legal representative.
- Unintentional Abuse – warning signs may include developing bed sores due to failure to change the victim’s sheets and/or regularly reposition the resident to improve circulation, exacerbation of conditions like diabetes due to changes in medication, diet and exercise, frequent falls, or poor hygiene such as bathing or brushing teeth.
If you are concerned about any type of abuse, contact the nursing home administrator, the doctor who is charged with the care of your loved one and the staff. If you do not see an improvement in the manner of care that you are concerned about, you may report it to an outside agency and hire a lawyer.
Report Nursing Home Abuse and/or Hire an Attorney.
Call 1-800-458-9858 if you suspect any form of nursing home abuse or neglect or make a report at www.txabusehotline.org. It is a good idea to seek out a legal professional who can help you with questions regarding your claim at the Robson Law Firm, and to see if you have a case based on charges of nursing home abuse or negligence.
Sue for damages in violation of resident rights.
Residents or families can sue for monetary compensation for an injury resulting from abuse, neglect, or accidents such as a fall from a bed accident and receive punitive damages for intentional misconduct or gross negligence.
Robson Law Firm
Call (512) 345-8200
Main Office:
1114 Lost Creek Boulevard Suite 440
Austin, TX 78746
Downtown Office: By Appt Only
111 Congress
Suite 400
Austin, TX 78701
Sources:
https://data.medicare.gov/Nursing-Home-Compare/Health-Deficiencies/r5ix-sfxw
