Texas Nursing Home Abuse Lawyer - Daniel Stark

How Does Daniel Stark Evaluate and Investigate Your Claim?

Texas Nursing Home Abuse

Discovering, investigating, and collecting information is key to the success of any personal injury case. Texas nursing home abuse and neglect litigation is document intensive and investigation intensive.

Each nursing home resident has a clinical record, or medical chart; the minimum contents of these documents are mandated by law. It is not unusual to find evidence of abuse or neglect in these clinical nursing records. In fact, the lack of training and medical knowledge of the nurses’ aides contributes to the explicit detail and circumstances surrounding even the most minor injuries. These clinical records can be extremely voluminous and each page must be strictly analyzed.

Other documents must also be requested. Often, patients are transferred to hospitals during the last days of their lives. These hospitals keep detailed records that may reveal abuse or neglect. It is not uncommon for an autopsy to be performed after the death of a patient. When these examinations occur, it is important to obtain these medical records. Unfortunately, the patient’s final destination is often a funeral home. Each funeral facility is also required to record the patient’s physical condition upon arrival. These particular reports can be highly useful in documenting the physical evidence of abuse or neglect.

A very important and controversial source of information is found in the Texas Department of Health surveys. The Department of Health has been authorized to gather and evaluate data and collect, compile, and compare such data on nursing homes in an attempt to improve the quality of care. Such data includes individual survey reports and investigation reports that licensed nursing homes are required to complete. However, this information is privileged—not available to the public—and is generally not admissible in any civil, administrative, or criminal proceeding. The Texas Health & Safety Code does allow this information into evidence in certain situations. Daniel Stark will attempt to have this information authenticated as “official records,” which will permit the documents to be used in a court of law.

In addition to clinical and hospital records, it is important to interview all family members who came in contact with the injured victim on a regular basis. Unfortunately, it is rare for a nursing resident to have regular visits. However, when visits do occur, it is essential for the visitor to document each significant observation made during such visits and to include the time and date these observations were made. These interviews must be conducted as close to the incident as possible so as to obtain clear and revealing information about the patient’s injuries and treatment.

Expert testimony is almost always necessary in Texas nursing home neglect cases. These experts are necessary to explain to the jury how a particular ailment may lead to death or serious impairment when left unattended. These experts may also be necessary to establish a duty of care by the nursing facility.

» Contact Daniel Stark nursing home abuse lawyers today for a free consultation or call us toll free at (866) 241-4861.

What Must We Prove to Win?

The four essential elements of a claim for Texas nursing home negligence are:

  1. A legally cognizable duty requiring conformity to a certain standard of conduct (the duty of care owed by the nursing home, or nurses and employees of the home);

  2. A failure to conform to the required standard (a breach or violation of that duty);

  3. Actual injury (damages);

  4. A reasonably close causal connection between the conduct and the alleged harm (a cause-and-effect relationship between the conduct of the nursing facility and the resulting injury).


What's My Case Worth?

Complete the following form to get more information from Daniel Stark Injury Lawyers.

*Required

» Free Consultation

If you feel that you may have a legal claim, contact a Texas nursing home abuse lawyer from Daniel Stark Personal Injury Lawyers for a free and confidential consultation. Simply complete a free consultation request form or call us toll free at (866) 241-4861. We have offices in Bryan* and Waco.

Daniel Stark practices in the following areas: auto accidents, trucking accidents, wrongful death, construction accidents, drug injuries, defective products, dog bite, electrocutions & burn Injuries, medical malpractice, and nursing home abuse.

* Main office located in Bryan, Texas

** No attorney's fees unless you recover. Court costs, litigation expenses, and unpaid medical expenses are paid from client's share of the recovery. However, if there is no recovery, client will not be responsible for any court costs or litigation expenses, except client's unpaid medical bills.

Hot Topics