San Antonio Nursing Home Abuse Attorney

San Antonio Nursing Home Abuse Attorney Michael Grossman Provides a Review of Rest Home Injury

Overall, elder abuse is on the rise in the United States. The general population considers this topic extremely difficult to think about. Unfortunately, instances of nursing home abuse in Texas still cause trauma to both senior adults and their families.

Americans, in general, are living longer; however, while our “Baby Boomers” are living a life full of activity, our elderly may be suffering the consequences by being institutionalized in nursing homes. However, some of these so called “homes” are far from the warm and loving environments that they are perceived to be.. Although elder abuse was openly recognized in the 1970s, little research exists to specifically identify the causes of this type of abuse. Studies indicate that nursing home abuse occurs more often when caretakers are not properly trained and are then over worked, causing undue stresses to emerge and the elderly to receive less than adequate care. An experienced San Antonio nursing home abuse attorney may be able to assist you and your elderly loved ones who have suffered abuse due to negligence or malice while in the care of others.

In the state of Texas, a rest home abuse case is actually considered to be a form of medical malpractice. This presents a complex array of legal issues that the lay public is probably not aware exists. Unfortunately, Texas law is biased in favor of the nursing home since the medical malpractice tort reform laws of 2003. These laws have placed a tremendous burden on plaintiffs (victims), whereby, in order to have a successful case, the victim has a greater burden of proving their claim than you would find in most other injury related cases. With such a high standard or proof required and laws that are skewed in favor of negligent nursing homes, now, more than ever, the families of nursing home abuse victims in San Antonio must rely upon an experienced and knowledgeable attorney in order to have any chance of bringing a successful claim against a negligent party. If you feel that you or your loved one has suffered injury due to rest home abuse in San Antonio, Texas, our knowledgeable San Antonio nursing home abuse attorneys at Grossman Law Offices are here to provide professional assistance.

Defining Elder Abuse

As people age, they become more physically frail and unable to properly care for themselves and in turn, look to the younger generation to provide everyday tasks in order to have a quality standard of living. Unfortunately, this allows unscrupulous individuals to take advantage of the elderly, especially in a residential setting where friends and family members are not always present to actively monitor the care being provided. While San Antonio, Texas provides a vast option of rest homes to choose from, some of these facilities may subject your loved ones to abusive situations. Grossman Law Offices wants you and your loved ones to be prepared if such an instance occurs; therefore, below are the common types of nursing home abuse.

• Physical Abuse: non-accidental force by a nursing home caregiver against an elderly individual resulting in injury, pain or impairment caused from hitting, pushing, or restraining.
• Emotional Abuse: rest home staff exposing an elderly individual to psychological trauma that wears away their sense of self-worth, such as acts of humiliation, yelling at them, and/or ignoring or isolating the elderly from family, friends, and interactions with caregivers.
• Sexual Abuse: nursing home staff participating in any type of lewd contact with an elderly person without the consent of that person. This includes unwanted, direct physical contact as well as forcing an elderly person to watch live or electronic sexual acts.
• Financial Exploitation: unauthorized use of an elderly individual’s money or property by a caregiver including blatantly stealing money, checks, or credit cards and then forging the signature on the sales tickets; the misuse of the elder’s funds; as well as identity theft.
• Healthcare Fraud: acts carried out by unethical nursing home doctors, nurses, and staff for their direct betterment, not the well-being of the elderly resident. This includes false Medicare claims, overcharging for services and then over or under medicating the elderly patient based on the diagnosis, or simply billing for services that were never rendered.

Due to the severity and complexity of these types of abuse to elderly nursing home residents, these individuals are often unable to adequately cope with these situations depending on the severity of their individual state of mind. Therefore, loved ones of elderly San Antonio citizens should make it a priority to educate themselves on rest home abuse and the legal actions that must be taken to ensure the safety of all nursing home residents. You can take the first positive step to elderly abuse prevention by contacting Grossman Law Offices in San Antonio, Texas for a free consultation with our skilled nursing home abuse attorneys who have ample prior experience in helping injured victims of all kinds of abuse.

Unique Challenges Specific to San Antonio, Texas Nursing and Rest Home Cases

If you have reason to file a claim against a San Antonio nursing or rest home in relation to elder abuse, a couple of complications may arise making it difficult to fathom a positive outcome. You must be aware that nursing and rest home cases are legally considered medical malpractice cases and are subject to the complex arena of medical malpractice law. In 2003, laws related to tortuous injury were changed, making it difficult for plaintiffs when without the assistance of an experienced medical malpractice attorney. These new laws were imposed by the legislature in an effort to prevent the medical community from focusing their attention and resources on defending against frivolous, medical malpractice lawsuits, attempting to give doctors, nurses, and medical staff more time to devote to quality healthcare. In their attempts to bring frivolous lawsuits, they have severely limited the likelihood of success for those with valid lawsuits. Because of this, many San Antonio, Texas attorneys refuse to handle medical malpractice claims; however, Grossman Law Offices decided to take a strong legal stance against negligent nursing homes despite these complex laws in order to protect elderly citizens and their loved ones. This has enabled our nursing home abuse attorneys to gain 20 years of hands-on legal experience that will work for your specific claim.

Another complication in nursing or rest home abuse cases lies with the plaintiff’s burden of proof to actually prove that elder abuse has in fact taken place. While this may appear to be a simple process, you must remember that elderly individuals are placed in nursing or rest homes for numerous reasons including dementia, Alzheimer’s disease, and many other memory debilitating illnesses. Although your loved one may not be plagued with such an illness, it is plausible to suspect that other residents are and therefore, it is not advisable to allow them to testify on your loved one’s behalf. Because such anecdotal evidence may be unreliable, your case is that much more dependent on physical evidence. A law firm knows what physical evidence to look for and how to get it admitted into court. Also realize that your loved one resides in a nursing or rest home for a specific reason and it may be hard for them to articulate the abuse that has occurred. The very caregivers who are likely causing the abuse will keep silent and elderly residents may be stifled due to their inability to articulate the events taking place in their lives. Because of this, recognizing and proving that elderly abuse has occurred within a nursing or rest home is extremely burdensome; however, the San Antonio nursing home abuse attorneys at Grossman Law Offices are well-versed in getting behind the scenes to uncover the necessary evidence to prove your claims of abuse.

The Next Steps: Contact San Antonio Nursing Home Abuse Attorney Michael Grossman

There is no official guarantee that any San Antonio, Texas nursing or rest home is totally abuse-free, but the federal government compiles research based on local nursing or rest homes in order to allow citizens to make informed decisions about elderly care. To utilize such research findings, go to www.medicare.gov and use the Nursing Home Compare tool to access information about nursing or rest homes in the San Antonio, Texas area.

If you or a loved one has reason to suspect that elderly abuse has occurred or is taking place, it is essential to take action to ensure the safety and well-being of the abused individual is of the upmost importance. It is then imperative that any evidence that has been discovered be preserved by taking photographs, retaining vital documents, and recording all signs of abuse in a journal. This is a responsible, pro-active step that will enhance your Texas rest home injury case by providing vital clues that will enable our nursing home abuse attorneys at Grossman Law Offices to adequately investigate your specific claim as well as use the evidence in court.

Understanding some of the difficulties of a medical malpractice claim relating to nursing or rest home abuse to an elderly resident is likely to cause frustration and agony to all involved. It is your legal right in the State of Texas to seek compensation from people liable for causing injury to you or a loved one. San Antonio nursing home abuse attorney Michael Grossman and his dedicated staff at Grossman Law Offices provide a way to seek justice by working your case from beginning to end. For more information about Grossman Law Offices in San Antonio, Texas, please call us at 1-855-393-0000, toll-free.