Table of Contents
Introduction:
As life goes on, we encounter certain medical conditions that might require us to seek help in nursing homes. Nursing homes provide a safe haven for the elderly, and those in need of skilled nursing care. Despite their efforts, nursing homes can be a source of medical malpractice and negligence. If you or a loved one has suffered an injury while residing in a nursing home facility, you may be entitled to compensation for your injuries. This article outlines the necessary steps in determining whether you can make a personal injury claim against a nursing home in Texas.
Reasons to make a personal injury claim against a nursing home in Texas:
There are numerous reasons to make a personal injury claim against a nursing home in Texas. These include:
Negligence and Abuse:
Your loved one may have been a victim of negligence or abuse by the nursing home staff. Common examples of neglect or abuse include:
- Malnourishment
- Dehydration
- Bedsores
- Lack of personal hygiene
- Falls and fractures
- Physical or sexual abuse
Medical Malpractice:
Medical malpractice in nursing homes may include:
- Medication errors
- Failure to monitor the patient
- Failure to diagnose or treat an illness
- Surgical errors
Breach of Contract:
If the nursing home failed to provide adequate care, they may have breached the contract they entered into when you or your loved one were admitted to the facility.
Wrongful Death:
If your loved one died as a result of negligence or abuse in a nursing home, you may be able to make a wrongful death claim against the nursing home.
Factors to consider before making a personal injury claim against a nursing home in Texas:
Before making a personal injury claim against a nursing home in Texas, it’s important to consider the following factors:
Statute of Limitations:
The statute of limitations in Texas for personal injury claims is two years. This means that you have two years from the date of your injury to file a claim against the nursing home.
Evidence:
It’s essential to document and keep all evidence related to the case. This might include:
- Medical records
- Witness statements
- Photographs of injuries
- Incident reports
- Complaints filed against the nursing home
Choosing an Experienced Attorney:
Consider hiring an attorney who specializes in nursing home abuse cases. This is because these types of cases require specialized knowledge and experience.
Steps to take in making a personal injury claim against a nursing home in Texas:
If you believe you have a valid claim for a nursing home injury, the following steps can help in making your case:
Step 1: Report the Injury to the Nursing Home:
It’s important to report the incident to the nursing home as soon as possible. This should be done in writing and ask for a copy of the written report.
Step 2: Seek Medical Attention:
Get medical attention immediately. Medical reports and records are essential to your claim.
Step 3: Contact an Attorney:
If you have experienced an injury at a nursing home, it’s essential to contact an attorney who can guide you in making your claim. Personal injury law is complicated, and an experienced attorney can help you navigate the nuances of Texas law.
Step 4: Filing a Personal Injury Claim:
Your attorney will help you file a personal injury claim against the nursing home. This complaint will outline your claims, and the reason for seeking compensation.
Step 5: Negotiation or Litigation:
After you have filed the personal injury lawsuit, the nursing home may opt to seek a settlement to avoid litigation costs. If a settlement is not reached, your attorney will prepare you for litigation.
Conclusion:
Nursing homes are expected to provide a safe and nurturing environment for its residents. However, negligence, abuse, and medical malpractice can sometimes occur, which is why understanding how to make a personal injury claim is so important. If you believe that you or your loved one has suffered an injury while in the care of a nursing home in Texas, it’s important to speak with an experienced attorney as soon as possible to protect your rights and seek justice.