Choosing a nursing home for your loved one can be a very difficult process. Unfortunately, nursing home abuse and negligence cases are much more common than the public is aware of. According to CBS News, in 2009 a congressional report stated that nearly one-third of all U.S. nursing homes have been cited for abuse. If you think your loved one has been or is being abused in a nursing home, don’t hesitate to contact a nursing home negligence lawyer. At Borchardt Law Firm, we strive to help families who have been victims of nursing home abuse or neglect.
When abuse is suspected our firm recommends families to immediately become in contact with the Texas Department of Aging and Disability Services (DADS). “The Texas Department of Aging and Disability Services was created to administer long-term services and support for people who are aging and who have cognitive and physical disabilities. The department also licenses and regulates providers of these services, and administers the state’s guardianship program. They began formal operations on Sept. 1, 2004.”(DADS website) The department endeavors to keep elders safe.
First Steps to Report Abuse
1. By contacting the Texas Department of Aging and Disablity Services victims are able to file a complaint by calling their hotline at 1-800-458-9858. The complaints are anonymous and all of the names (including the name of your loved one) will be redacted from the report. DADS, the state agency, track these reports by a control number. Be sure to explain to the state all of your issues, and to get the control number. This will allow you to get a copy of the report once it is finished. Retaliation by a nursing home for making a complaint is illegal so you shouldn’t hesitate to file a complaint.
2. Move your loved one to another facility that is feasible. Don’t wait to make the move, you don’t want matters to worsen.
3. After you have filed your complaint and moved your loved one to a new home, contact an experienced lawyer who handles nursing home negligence cases.
How to Pick the Right Nursing Home Negligence Lawyer
1. Meet with potential lawyers to handle your nursing home negligence case. At Borchardt Law Firm, all of our initial consultations are free of charge.
a. Ask the lawyer and/or law firm about their experience in handling nursing home negligence cases. Texas law has changed dramatically in this area, it is important to hire a lawyer with some experience. Visit our firm’s website to read about prior experience. Borchardt Law Firm
b. Ask the lawyer and/or law firm about their trial experience in handling nursing home negligence cases. You want to hire a lawyer who takes and has taken these types of cases to trial.
c. Ask the lawyer and/or law firm about their staff’s experience. At Borchardt Law Firm, we have a full time nurse on staff who can quickly read and review medical records to determine if a case has a merit.
2. Don’t be afraid to meet with more than one lawyer. Going through a nursing home negligence case is difficult, and you want to know that you have selected a lawyer who you feel comfortable with and can trust.
3. Remember, any lawyer who makes representations about the value of your case is probably not the lawyer you want to hire.
4. If you are a lawyer reading this blog and have a Texas nursing home case, please contact Borchardt Law Firm. Within the parameters of Texas law, we are happy to assist other lawyers with nursing home cases.
If you suspect nursing home abuse don’t hesitate to contact your Dallas Fort Worth nursing home abuse lawyer. At Borchardt Law Firm, we wish no family has to ever experience nursing home abuse or neglect, but we also believe the work we do will protect future generations of Texans. Feel free to give us a call.
Toll Free: 866.832.9300
1300 South University Drive, Suite 500
Fort Worth, Texas 76107
To read the full CBS article, please click on the following link. http://www.cbsnews.com/stories/2001/07/30/national/main304038.shtml
To learn more about the Texas Department of Aging and Disability Services please click on the following link.