Personal Injury Attorney - Dallas Tx. 214-748-0226

Telephone:     214-748-0226

Fax:                   214-748-2368

 

6440 North Central Expressway
Suite 601, LB 33
Dallas, Texas 75206

 

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Nursing Home Negligence FAQ:
Dallas Lawyer Divider Bar

Greg Thomas was the prosecutor of an elder abuse case in 1986 that helped change the Penal Code so that persons could be held accountable for the neglect of an elderly individual that they were charged to take care of.  Thomas was the author and speak on “Crimes Against the Elderly,” given to members of the Department of Human Services and law enforcement in 1990 and 1991.  Since that time, Thomas has represented family members against nursing homes for the unnecessary abuse, neglect and death of their loved ones.

 

Nursing homes have a duty to ensure that their residents are protected at all times and that they will not suffer any injuries as a result of neglect, accident or intentional abuse.  The law office of Greg Thomas has won many nursing home abuse cases.  He has extensive experience in investigation and prosecution of nursing facilities.  Thomas is committed to protect those who are not able to protect themselves.  Family and friends should always be aware of potential neglect.

 

To speak to an attorney, call 214-748-0226 or contact us. We offer home and hospital visits.

 

The following are possible warning signs of abuse in a facility:

 

Resident seems heavily medicated or sedated
Unexplained burns, cuts fractures, bruises or other ailments
Bedsores
Unexplained vaginal or anal bleeding
Torn, stained or bloody underclothing
Frequent genital infections
Sudden changes in behavior such as withdrawal, sucking, biting, rocking, agitation, depression, etc.
Delays or refusals in allowing visitors to see resident
Visitors not allowed alone with resident
Loss of resident possessions
Sudden large withdrawals from bank accounts
Unexpected change in will or other financial document
Resident has experienced sudden weight loss or weight gain
Resident died unexpectedly or without apparent cause
Resident is frequently ill, symptoms are not immediately reported to the doctor and family
Pneumonia
Lowered immunity
Incontinence Anemia
Malnutrition

Dehydration

 

 

How do I chose a nursing home?


The following are web site links to help you chose a nursing home.


Attorney General of Texas Greg Abbott

Nursing Home Compare
Care Watchers
Nursing Home Abuse Resource Center

Nursing Home Abuse and Neglect

Texas Department Of Aging and Disability Services

 


What are signs of nursing home abuse?


Injuries requiring emergency treatment or hospitalization


Any incident involving broken bones, especially a fractured hip

Any injury or death occurring during or shortly after an episode of wandering (including outside the facility) when the staff is not aware that the resident is missing for some period of time

Heavy medication or sedation

Rapid weight loss or weight gain without physician or family notification and a change in treatment being provided

Unexplained or unexpected death of the resident

One nursing home resident injures another resident

Resident is frequently ill, and the illnesses are not promptly reported to the physician and family

Nursing Home Alert


What are signs of financial abuse?


Financial Transaction Indicators:

Lost or stolen personal belongings of a person in a care facility.

Family or legal representative's failure to pay for services in home or in care facilities or for frequently being late in payments.

Failure of family or legal representative to provide for personal needs of elder in care home, e.g., no funds for clothes, hair care, personal hygiene items, etc.

Unusual activity in bank accounts, e.g., sudden withdrawals of large sums, withdrawals from automated banking machines when the elder is homebound.

Signature on checks that does not resemble the elder's signature.

Frequent checks written to cash, especially to the person who is caregiver.

Withdrawals from a checking or savings account that has not been used in years.

Reports of stolen or misplaced social security, pension or annuity checks.

Loans against equity in property or life insurance policies.

Frequent checks or credit card payments to telemarketing promotions.


Legal Document Indicators:


Missing important documents like a will or stocks, bonds, mutual funds or CDs.

Change of title on bank accounts, property or automobile or change of beneficiary status on bank or brokerage accounts or life insurance policies.

New will or change in will, creation of Power of Attorney for Finances or property transfers when person lacks capacity to make decisions.


Promises of life-long care in exchange for deeding property and liquid assets to caregiver.

 

Life-Style Change Indicators:


Personal property missing such as wedding or engagement rings, jewelry, silverware, art, antiques or family heirlooms.

Lack of basic amenities, e.g., personal grooming items, appropriate clothing, etc., when elder has adequate funds.

Utilities or telephone disconnected.


Relationship Indicators:


New acquaintances, particularly those who move in with the elder.
Caregiver preoccupation with the amount of money being expended for care.

Refusal or reluctance of family or legal representative to spend money on care.

Long lost relatives appearing to express concern about elder who has savings and a home.

Caregiver or provider tries to isolate elder from friends, family and neighbors.


What can I do if abuse has occurred?

Contact the Nursing Home Administrator and tell them your concerns.

Contact the department in your state that regulates nursing homes and file a complaint.

Contact the police department in the municipality where the abuse occurred.


Contact Greg Thomas at 214-748-0226.

Important Notices:

The information on this site is for informational purposes.  Neither the posting of this website nor your response to same creates an attorney-client relationship.

 

            However, if you are seeking legal counsel, ordinarily an inquiry to a lawyer regarding same would be deemed privileged by the attorney-client privilege, even if no attorney-client relationship is ultimately created.  That result cannot be guaranteed, though, and if you are concerned about the confidentiality of a communication you should not send it.

 

            We make diligent efforts to respond to each legitimate and appropriate e-mail inquiry on a timely basis.  However, you are not guaranteed to receive a response to any e-mail inquiry, and the firm is not obligating itself to consult with anyone or provide any analysis or response by the posting of this website.  Neither the posting of the web page, the acceptance of e-mail, nor the return of an e-mail inquiry, is intended to create an attorney-client relationship, and does not create any obligation on behalf of either side.  Greg Thomas will only enter into a attorney-client relationship when a complete contract has been signed by both the client and the law firm, after a full and thorough discussion and an appropriate investigation of the applicable facts.

 

            Greg Thomas cannot and does not guarantee the success of any case the firm may handle on behalf of a client.  Your ability to prevail in any claim is entirely dependent on the individual facts of your claim.  Past success in similar claims is no guarantee or indication that similar results necessarily can be obtained with respect to your claim.  Also, even if you are able to prevail on a claim, that does not necessarily mean that you will be able to collect on the claim or judgment.  In addition, any amounts received in settlement or payment of a judgment would not be net amounts payable to the client.  From the recovery, ordinarily all attorneys’ fees and expenses of litigation must be deducted.  Moreover, any recovery may be subject to federal or state incomes taxes.

           

Claims can be handled on an hourly fee basis, a pure contingency fee basis, or a negotiated partial hourly/partial contingency fee basis.  If handled on a pure contingency fee basis, the recovery tot he attorney is negotiable, but those fees generally range from 33 1/3% to 50% of any recovery, depending an many factors.  Although this is also negotiable, if accepted on a contingency fee basis, in most instances the client is not required to advance any fees, expenses, or costs in connection with the claim.  However, in that instance any expenses incurred in connection with the claim would be reimbursed to the law firm out of the client’s portion of any recovery.  In other words, the contingent fee calculation is based on the gross amount of the recovery, before subtractions expenses.

 

 

 

Free consultation: To speak to a personal injury lawyer, call 214-748-0226 or contact us. We offer home and hospital visits.

 

Nursing Home Negligence

 

Experienced Dallas Attorney & Counsel

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