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Personal Care Assistant
If you or a loved one has been mistreated or neglected by a personal care assistant , you may have the legal right to sue the accountable parties to help make things right. If you win a personal care assistant abuse case and are granted civil court damages, you may be able to move your loved one from one facility to another, cover additional nursing expenses, and ensure future medical treatment.
If you don’t know whether you have enough evidence to pursue a civil case for any abuse caused by a personal care assistant , it’s strongly advised that you contact an attorney. Collect all evidence including government agency records and notes you’ve made yourself. In almost all situations, an attorney can assist you in determining whether or not you should pursue legal action to hold the accountable persons responsible for their actions. Please contact Texas Personal Injury Lawyers for a free consultation at (888) 997-2148
Filing A Personal Care Assistant Abuse Lawsuit
Because the scale of the problem is staggering, there have been an unprecedented number of personal care assistant abuse lawsuit filings across the country. Unfortunately, many instances of personal care assistant abuse go unaddressed.
The majority of the cases are filed against “licensed” facilities, which you would expect to provide high-quality care. Each year, many nursing homes, assisted living residences, and elderly residential homes are charged with abuse resulting from personal care assistance. Approximately 2000 facilities are estimated to be charged each year.
The numbers are still staggering, even if they are underreported: 1 in 14 cases is ever brought to the attention of authorities.
- Personal care assistants were observed to inflict abuse on about 6% of elders in a nursing home.
- According to a study conducted by the United Nations and published in The Lancet, 27.6% of senior women with disabilities who live in institutions are at risk of IPV (interpersonal violence).
- According to a research of 342 senior disabled males, 55 percent had experienced IPV (slapping, hitting, or shoving).
- According to a research of 200 senior women, 67% had been assaulted by care providers/staff members.
The statistics are devastating. The problem has reached pandemic proportions. In many situations, the only way to get abuse against an elderly person to cease is to file a personal care assistant abuse lawsuit. Unfortunately, the worth of money is frequently prioritized above that of life. These circumstances are best handled by skilled attorneys from our Texas Personal Injury Lawyers. Because nursing home abuse cases often do not result in a financial settlement, these institutions seldom react until after a personal care assistant mistreatment lawsuit is filed.
Why People Do Not Report The Abuse
Awareness is one of the most essential elements of reporting. Many family members “trusted” the nursing home staff and accepted some of the information given about their loved one.
Seniors who have impairments, dementia, or other conditions might not be able to explain their difficulties to a loved one in full. When a loved one comes to the attention of staff with queries, they are frequently dismissed. The explanations appear plausible, thus the inquiry is halted.
In other cases, when the senior is lucid and able to describe their circumstances, they may be hesitant to speak up. The fear of future abuse if they disclose their situation may be very genuine. In essence, these elders are trapped.
Some elders do not disclose the abuse for fear of creating “trouble” for their families.
It’s a difficult situation that might be tough for elders and family members to handle. On the one hand, you have apparently authoritative experts telling you one thing, but on the other, you have a sick elderly family member shouting the opposite. It is quite easy to be misled into doing nothing.
Texas Personal Injury Lawyers Can Help
You can request an investigation from your local authorities. The inquiry might be fast in some cases, but it may also take months before it is resolved and the abuse does not simply continue but in many instances gets worse.
It’s true that you can’t prevent someone who has a history of harming your loved one from doing so. However, legal assistance may be one of the most powerful weapons in your arsenal. Of course, you’ll need an attorney to file a personal care assistant abuse lawsuit, but they may also offer a variety of other services.
Texas Personal Injury Lawyers Can:
- Help you notify the proper authorities
- Help you to make other arrangements for your loved one
- Help to get the damages that your loved one deserves
- Help you to conduct an investigation to substantiate your beliefs about the abuse
What to Expect in A Personal Care Assistant Abuse Lawsuit
If you or someone you love has been a victim of nursing home abuse, your first inclination may be not to sue the facility. You might attempt to handle the problem with the nursing home’s personnel or higher administration. If that doesn’t work, the next step may be to file a complaint with the Texas Department of Health, which will begin an inquiry and try to get to the bottom of the issue in an official capacity. Even if you get an unfavorable outcome at the agency level, you will not receive compensation for your injury or other rights that may be owed to you under the law. That’s why, while we encourage you to notify authorities of any abuse, we also recommend that you retain competent legal counsel.
The following is a general description of what a personal care assistant abuse lawsuit may entail.
- Filing a Complaint
One of our attorneys will work with you to write and file a complaint, which is a legal document that describes all of the claims filed by the plaintiff against several defendants and specifies what type of relief he or she is requesting. Our attorneys will investigate who all of the potential defendants are (and add them if we find others were involved) to determine whether you are entitled to any additional damages and court costs for bringing your case.
Complaints do not need to be long or complicated, as long as they include the following items:
- A statement of the facts constituting the cause of action in ordinary and precise language, and
- A demand for judgment for the relief to which the plaintiff claims to be entitled. If the plaintiff is seeking monetary damages, they must state the amount.
- Defendant’s Answer
After the plaintiff’s attorney files the complaint, the defendant has 30 days to file an “answer,” or a response to the claim, with the court. The defense lawyer for the nursing home will address each of the plaintiff’s allegations in their answer and (usually) will deny them and offer defenses and counterclaims.
Our attorneys will begin investigating your situation as soon as the law allows. This is referred to as the discovery phase of a lawsuit. During this time, each party asks the other to provide information and documents about the case, which may be in writing or under oath verbally. Employee schedules, attendance registers, medical documents, drug charts, and so on are examples of discovery requests in a nursing home abuse case.
When you discover something, it is typically during the discovery process that each party can request rulings on particular issues. For example, a motion to compel discovery, a motion for extension (a delay in proceedings), or a motion for summary judgment (a request that the court decide the case without going to trial) might be filed by either side.
The phase of litigation with which the average person is most familiar is trial. Each side’s attorney will present their case to a judge and/or jury, who will then decide the ultimate outcome during trial. In civil cases, such as nursing home abuse litigation, the defendant is considered to be at fault if the plaintiff can prove it by a preponderance of the evidence (i.e., it is more likely than not that the defendant committed the acts of which they are accused).
What About Settlements And Mediation?
In the real world, as opposed to on television, only a small percentage of cases ever reach a courtroom. In fact, according to recent statistics, around 95 percent of all litigations are settled before they go to court. In most situations, getting to a resolution and mediation vs going to court have several benefits over trial since they are generally faster and less expensive. At any time, the parties to a lawsuit may settle or mediate their disagreement.
Contact Texas Personal Injury Lawyer
You may want to consider pursuing legal action if you believe that a personal care assistant has abused or otherwise harmed someone you love and other measures have failed. For more information on personal care assistant abuse, contact Texas Personal Injury Lawyers for a free consultation by calling us at (888) 997-2148.
Call us at (888) 997-2148 now for you free consultation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.