Nursing Home Abuse at Its Worse
The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family member for fear that the abuse will become more severe. That’s why nursing home management should do it’s part of let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. But if a nursing home staffer is found to be negligent or abusive the offending nursing home employee or employees could face criminal and civil charges.
The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence is a good thing, but if the alleged victim is unable to testify to their experience or cannot answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.
Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits which were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our legal team is good at what they do best which is to use the law and their investigative skills to uncover the truth.
Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. But the nursing home abuse attorneys at our Law Offices know what to expect and will go to work for you. Contact our office for a free initial legal consultation.
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Daycare Abuse Liability and Negligence Discussed by Texas attorney
When it comes to winning daycare abuse personal injury lawsuits, attorney has one of the best records in the state of Texas. Our Law Offices are a team of knowledgeable and experienced litigators with more than twenty (20) years of courtroom victories.
Our attorneys have fought for the legal rights of daycare abuse victims. And our ongoing advocacy for the rights of the young is relentless. Read this article to get a better understanding of the rights of your children as it pertains to Daycare Abuse and your possible legal recourse. Call our Texas daycare abuse lawyers today.
In any corner of America the daycare industry is big business. The industry’s momentum is due partly to the women’s lib movement because women wanted to have their careers, their husbands their big houses with the picket fence and their children too. Another reason for momentum in the daycare industry is the increase in the cost of living. At one time the husband or man of the house was not just the primary breadwinner. He was the only breadwinner and the woman was a house-wife. That was before it took two incomes to do what one income used to do.
When Can An Individual or Individuals Be Held Negligently Liable for Abuse At A Daycare Facility?
In daycare abuse cases the legal guardian or parent of the injured child has a legal right to proceed on behalf of the child who has been injured. But what they might not expect is that the burden is on the parents or guardians of the victim to show negligence or abuse took place before a lawsuit against the daycare providers can be filed.
Supervisors who are allegedly negligent get the most complaints. This is the type of complaint that might be filed against any daycare employee who is directly involved with the children or even remotely involved at the daycare such as van driver, a custodian, the chef, or even a subcontractor that delivers to the establishment. Negligent Supervision claims normally are filed when the adult in charge who is responsible for the overall security of the children does not deliver on that obligation.
For some people who are unfamiliar with the law, a misunderstood theory called Negligent Entrustment trips them up. Negligent Entrustment is important to any personal injury case because it means the difference between a lawyer and client getting a favorable judgment with no financial recovery or the lawyer and client getting a favorable judgment and an acceptable financial recovery for the client. Imagine a daycare worker turning her back on toddlers riding tricycles just a few feet away from the see-saw when her cellphone rings. The daycare worker turns her attention to her private conversation and away from the children who are playing dangerously close to the see-saw. Children naturally can sense when there is no adult paying attention. That’s usually when they make their move. As the two older children play on the see-saw the other young toddlers peddle close enough under the see-saw and it struck slightly on the head by a child on the see-saw. Although it could have been worse, the toddler on the trike falls off and onto the ground and starts to scream and cry. And just like dominoes, the cries of one child cause the other children to chime in. In this scenario, the daycare employee was within earshot, but she might as well have been on the other side of the playground, because she wasn’t paying attention and a child was hurt in the process.
After checking her employee file it turned out that the negligent employee has been written up several times before for using her cellphone when she should have been giving her undivided attention to the her job, which is watching the children. In this case the worker and the daycare facility can be held liable and be co-defendants in a personal injury lawsuit. That’s because the daycare facility knew about this worker’s less than stellar behavior and failed to make sure the worker didn’t continue her violations. So court documents might charge workers with claims of at inexperience, incompetence or behavior that is unfit for the duties entrusted to them.
Texas daycare abuse attorney and his associates have the highest moral and ethical standards. So throwing everything against the wall to see what sticks is not how we operate at our Law Offices. We will conduct a thorough investigation and gather evidence to support our claims. Still any attorney worth his weight knows that the owner of the daycare is a better defendant than the daycare worker because owners have access to enough money to pay any damages awarded. Daycare workers earn only a few dollars more than minimum wage.
And when it comes to daycare owners, they are more likely to drop the ball on follow through in the hiring process. It’s called Negligent Hiring. As with any growing business, it takes a number of people to in different capacities to come together and create a well-oiled machine. So in the haste to fill vacancies owners don’t do their due diligence when it comes to background checks and the like. Just because someone knows his or her craft doesn’t mean are a right fit for your company, especially if children are your main clientele. If they come in contact with the children at any time they should be checked against any pedophile registries, for any criminal backgrounds and they should have to take a drug test to get hired and be subject to periodic drug testing during their employment. If not the results might be tragic. In the past daycare owners have realized that employees had criminal backgrounds that include mental illness, child molestation, and rape.
Texas law makes a parent or guardian eligible to file lawsuits on behalf of a minor child, regardless of if the injured child suffered emotional, physical, or sexual abuse or neglect. There are some common theories of negligence that the daycare abuse attorneys look for in every case. If the lawyer and investigators can confirm and prove any of these cases of liability against the daycare owner or workers, then a personal injury lawsuit can be filed. Not only is this legal claim brought on behalf of the wounded youth, but bring a legal claim such as this will send a message to every daycare provider who is sure to hear about the lawsuit and take note. It sends a message that there are consequences to abusive and neglectful behavior against a child in your care.
Choosing a Daycare & Steps to Keep Your Child Safe
Although it’s up to the individual chose the best care giver for their child, the Consumer Protection Board says there is a recommended process. Daycare abuse is a fact of life and sometimes the affects can be long-lasting and life-changing. So choose a daycare facility that is:
Licensed by the state of Texas
That will permit surprise visits by parents or legal guardians of the children at the daycare; then
take the liberty of showing up for one of those surprise visits and do a walk through of the daycare facility before you sign up your child to attend
Know where the bathrooms are to make sure they are not too far away from the main area where children will be. Ask questions about who monitors the children, who takes them to the restroom and who will be in contact with them. According to reports, more than fifty (50%) percent of all daycare sex abuse claims are said to happen in the bathroom. And a large percentage of sex abuse happens during nap time. So be sure to ask if nap time is monitored and if so by whom. And definitely take note of daycare rules for conducting background checks and drug screenings on employees, including what kind of criminal offenses are acceptable for potential employees.
Find out who will be spending time with the youths in addition to the screened staff, and for how long. In a perfect world we wouldn’t have to screen employees and our children always would be safe. But it’s not perfect. Research shows that sex abuse in addition to physical abuse and exploitation occurs because a trusted member of the child’s care giving team is somehow involved. It might be the van driver, or the custodian, or even a relative. In thirty-six (36%) percent of all abuse cases investigated, children become the victims of sexual molestation at the hands of a family member who is the relative of a staff. And those relatives turn out to be the husband or the son of a daycare worker or owner most of the time. So beware and be certain that your child’s has limited to no contact with these kinds of people. Ask about how many employees are employed by the daycare facility and how many of them will be near your child. Ask about the discipline policies and how they might address bullying at that age.
Inquire how many employees work at the daycare facility and how many of those employees will be in close contact with your child. Statistics on daycare abuse show that the abuse is usually at the hands of persons not directly involved in the supervision of the child. Insist that your child’s interaction and contact with all other service personnel at the daycare is limited. Statistics on a nationwide study of daycare abuse state that while in daycare facilities, it was the family members of daycare staffers that had easy access to the innocent children. And once you have done your due diligence to make sure your child’s environment is a safe place, engage your child in conversations about his or her daily activities when they return home. Regularly question your child about their day and activities while at the daycare. Listen to their answers and take note of their body language. If there is something that doesn’t feel right or sound right, trust your instincts.
If you suspect that your child is the victim of daycare abuse, contact our Texas daycare abuse lawyers to discuss your case through a free initial legal consultation.
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