Nursing home abuse can be devastating, breaking the trust that residents and their families place in these facilities. At Lorenz & Lorenz, PLLC, we understand how upsetting it feels to discover that a loved one has been mistreated or harmed in a place meant to protect them. An Austin nursing home abuse lawyer offers caring guidance and a willingness to stand up to negligent long-term care facilities.
Nursing homes promise a safe, caring environment for older adults and individuals who require extra attention, yet families in Austin and throughout Texas sometimes find their loved ones facing neglect or mistreatment instead. Whether it’s a lack of proper supervision or outright physical harm, learning that someone you care about has suffered in a place meant for healing can leave you feeling shocked and betrayed.
If you’re worried about unexplained injuries or suspected neglect, our team listens to your concerns and helps you seek justice on behalf of your family. We investigate what happened, hold responsible parties accountable, and pursue the compensation you deserve. You and your loved ones should feel safe and supported every step of the way, and our legal team is dedicated to providing that support from the moment you reach out.
The personal injury attorneys at Lorenz & Lorenz Accident & Injury Lawyers PLLC will fight to hold a negligent nursing home accountable for the harm they’ve caused. Call our Austin law firm today to schedule your free, no-obligation consultation. We’ll review your case and explain your legal rights.
Why Should I Hire an Austin Nursing Home Abuse Lawyer?
Texas isn’t the best place to grow old if you’re in a nursing home. Every year, the state ranks as one of the worst in the nation when it comes to nursing home care. Families for Better Care, an organization that grades nursing home care across the country, has repeatedly given Texas an “F.” It’s been estimated that for every two nursing home residents, one suffers some form of abuse.
Nursing homes aren’t what they used to be. They’re run by big companies that are more interested in making a buck than keeping your loved one safe and healthy. Do not take their indifference to your family member’s well-being lying down.
File a nursing home abuse lawsuit and demand that they pay for the suffering they’ve inflicted. If you try to pursue compensation on your own, you risk not getting all of the money you deserve. Hiring an experienced Austin attorney can put your elder abuse case in experienced hands.
At Lorenz & Lorenz Accident & Injury Lawyers PLLC, we’ve been helping victims of nursing home abuse in Austin for more than 18 years. We’ve successfully recovered substantial monetary damages on their behalf. We know how devastating elder abuse can be for the victim and their family. We won’t let you suffer alone. Call our Austin nursing home abuse lawyers today to learn more.
What is Nursing Home Abuse?
Nursing home abuse can look like many different things. Generally speaking, nursing home abuse occurs whenever a home causes a resident to suffer physical, emotional, or financial harm. Abuse can occur when a nursing home intentionally inflicts harm or fails to provide a safe space for a resident.
There are different types of nursing home abuse. Just because your loved one hasn’t been physically injured doesn’t mean that they aren’t victims of abuse. It’s important to seek help if you believe that your elderly loved one has experienced:
Physical Nursing Home Abuse: Caretakers in Texas are prohibited from physically harming nursing home residents. Physical abuse can include hitting, punching, pushing, shoving, restraining, or even sexual abuse of a resident.
Verbal Abuse: Verbal abuse can be just as harmful as physical mistreatment. This may include yelling, insulting, or threatening a resident, and it often causes emotional distress that can affect a senior’s well-being.
Isolation: Nursing home residents have the right to enjoy the company of others and interact with their families. Isolation occurs when nursing home staff members intentionally prevent residents from interacting with other residents and their families. This could involve refusing a resident to make phone calls or have visitors.
Abduction: Nursing homes can’t transport or move a resident without consent. Abduction can be emotionally damaging and cause significant harm.
Abandonment: Residents need different levels of care. Abandonment occurs when a caretaker at a nursing home facility deserts a resident and forces them to fend for themselves.
Nursing Home Neglect: Abuse doesn’t just involve overt actions by nursing home staff and facilities. Neglect can also be considered abuse. Neglect means that a nursing home fails to provide the level of care and assistance that’s required to keep the resident in good physical and emotional health. Neglect could include failing to assist with personal hygiene, not providing food or water, or even withholding medical care.
Financial Abuse: Financial abuse is a rising problem in nursing homes across the county. The elderly lose about $3 billion because of financial abuse and scams every year. That figure is actually quite low since that’s just the amount reported. Most financial crimes go undetected or unreported. Financial abuse can involve stealing money, using a resident’s credit card, or even rerouting benefit checks to a caretaker’s personal account.
Abuse is abuse. Don’t hesitate to contact our attorneys if you suspect abuse and believe that your elderly loved one is suffering at the hands of their assisted living facility. We’ll investigate the matter and help you fight for the money your family deserves.
Elder Abuse
Elder abuse is a broader term referring to harm inflicted on older adults by anyone—such as a caregiver, family member, or acquaintance—across many settings, including private homes or assisted living facilities.
Nursing home abuse is a specific category of elder abuse that takes place within a licensed care facility. While both involve the mistreatment of older adults, nursing home abuse typically involves violations of facility regulations and professional duties, which can create additional legal and regulatory issues.
Reporting Nursing Home Abuse
If you believe your loved one has experienced abuse or neglect in an Austin nursing home, it’s important to file a complaint with the Texas Health and Human Services (HHS). This state agency oversees facilities throughout Texas and investigates claims of poor treatment or unsafe living conditions. Their findings can help confirm whether a nursing home violated care standards and can hold facilities accountable for failing to protect residents.
In addition to alerting HHS, consider contacting an Austin nursing home abuse lawyer at Lorenz & Lorenz, PLLC. An attorney can guide you through the legal steps, coordinate with investigators, and help gather evidence that supports your claim.
HHS findings often become part of the evidence in a civil case, helping to show whether the nursing home violated safety protocols or failed to provide proper care. This official documentation can strengthen a family’s legal claim and support their pursuit of fair compensation for an injured loved one.
Working alongside the state’s findings, your legal team can build a stronger case against any parties responsible for the harm your loved one suffered. Through open communication and dedicated advocacy, you can pursue the justice and compensation your family deserves. Report any suspected abuse to the appropriate authorities and contact an Austin nursing home abuse lawyer as soon as possible.
Federal and State Laws Affecting Nursing Home Abuse Claims
The Federal Nursing Home Reform Act (part of the 1987 Omnibus Budget Reconciliation Act) sets nationwide standards for facilities receiving Medicare or Medicaid funding, requiring them to provide a certain level of care and uphold residents’ rights.
At the state level, Texas laws, regulations, and licensing requirements, often enforced by agencies like Texas HHS, further detail how nursing homes must train staff, maintain safe conditions, and properly report incidents.
Adult Protective Services (APS) is a state-operated program that investigates reports of abuse, neglect, or exploitation of vulnerable adults—often including seniors and individuals with disabilities. Texas operates its APS through the Texas Department of Family and Protective Services (DFPS).
APS caseworkers evaluate living conditions, interview those involved, and coordinate with other agencies, such as law enforcement or healthcare providers, to help protect individuals from harm. If the situation involves a nursing home, APS may also work alongside regulatory agencies and inspectors to determine the extent of neglect or abuse and help ensure residents’ safety moving forward.
These laws can play a critical role in a nursing home abuse claim. Violations may serve as evidence of negligence, helping families and their attorneys build a strong case to pursue compensation for the harm a resident experienced.
Who Can I Sue For Nursing Home Abuse in Austin?
As mentioned above, there are several laws in place to protect your loved one if they suffer abuse at the hands of a caretaker. If anyone is witness to abuse, they’re legally bound to report it. Anyone charged with the care of your elderly family member who willfully or negligently causes harm can be liable.
You might have a legitimate nursing home abuse claim against any of the following parties:
- Nursing home company/organization
- Caretakers
- Nursing home employees and staff
- Nurses, or
- Administration.
The state of Texas is responsible for overseeing nursing home facilities in the state. You may be able to hold the government responsible if they fail to inspect and license the home where your loved one was abused. A personal injury lawyer familiar with handling claims of abuse and neglect in Texas nursing homes is a valuable advocate for identifying liable parties and holding them accountable.
Damages Available to Victims of Austin Nursing Home Abuse
Nursing home abuse is inexcusable. You trusted that the caretakers at the facility would keep your loved one safe, not put them in harm’s way. You have the right to hold them accountable with a personal injury lawsuit.
You and your family may be entitled to monetary damages to compensate for:
- Medical expenses
- Rehabilitation
- Transportation to a new facility
- The increased cost of care at a new facility
- Theft and other financial losses
- Pain and suffering
- Depression and anxiety
- Emotional trauma
- Loss of enjoyment of life, and more.
Nursing home cases can be tough to value in terms of dollars and cents. This is why our nursing home abuse attorneys work with some of the best injury and medical experts in Travis County. They’ll help us identify all of your damages and determine what they’re worth. We’ll work tirelessly to hold the nursing home responsible for your loved one’s suffering accountable for the harm they’ve caused.
What Are the Signs of Nursing Home Abuse?
How can you tell if your elderly loved one has been abused or neglected by their caretakers? It’s important to be on the lookout for any of the following signs or symptoms.
- Unexplained bruises, scrapes, cuts, or pain
- Bedsores
- Broken bones
- Weight loss
- Dehydration or malnutrition
- Frequent UTIs
- Poor physical hygiene
- Isolation
- Depression
- Anxiety
- Anger
- Confusion
- Fear, or
- Isolation.
Ask caretakers about any unusual physical or emotional changes in your loved one. Request copies of their medical records and any notes written by staff. Contact an attorney if you suspect that your loved one is being abused or suffered a wrongful death at their nursing home in Austin.
When Do I Have to File a Nursing Home Abuse Claim?
Generally speaking, the statute of limitations for nursing home abuse claims is two years. When does that two-year period begin? The clock doesn’t always begin to run when the abuse begins. Instead, it should begin when you discover – or should have reasonably discovered – that your loved one has been abused.
You will lose the right to demand compensation from an abusive nursing facility if you wait too long to start your case. The court won’t accept a claim if it’s filed after the statute of limitations has expired.
Get Help With Your Austin Nursing Home Abuse Case
Has your loved one developed bed sores or exhibited injuries for no apparent reason? Are they displaying signs of emotional abuse? Contact the experienced Austin nursing home abuse lawyers at Lorenz & Lorenz Accident & Injury Lawyers PLLC to learn about your legal rights and options. You might be entitled to financial compensation if your loved one has been abused at an Austin nursing home.
Call our Austin office at 512-477-7333 or fill out the contact form on this page to schedule a free consultation and get started on your case today.