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Who Can File a Claim in the Case of Nursing Home Abuse or Neglect?

What should you do if you suspect nursing home abuse or neglect involving a loved one? This can be a heart wrenching situation. You and your loved ones have the right to expect the best possible care from a nursing facility but that’s not always the case. An abuse can take many different forms. It can be simple neglect of personal care, medication errors, malnourishment, and even physical abuse, so if you suspect abuse and neglect, what should you do? First of all, contact the nursing home administration, or the Texas Department of Aging and Disability. They have a website. They have local offices state wide. If you don’t get the necessary action that you expect then you need to talk to a lawyer. How are these claims handled differently? Do they require special expertise? Yes, they do. Nursing home abuse and neglect cases are handled a little bit differently under our law than other types of cases. They require lawyers with experience in handling these types of cases because they can require certain things like an expert report with specific requirements that many lawyers fail regularly to meet. They also have rigid damages caps, and special statutes of limitation. In cases involving nursing home neglect, who can bring the claim? Well, the resident themselves can bring the claim or if they are unable to do so, a family member may assert it on their behalf. In the case of a fatality, the surviving spouse and the family can assert the claim.
Contact us for more information. We can help bring justice to those nursing homes who fail to provide the safe environment that you and your loved one, not only expect but deserve.

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