Are Mentally Disabled Ignored in Texas Nursing Homes?

In 2016, a reactivated lawsuit drew attention across Texas asking the question – “Are the mentally disabled ignored in Texas nursing homes?”  According to the original lawsuit, various attorneys, judges, and even the U.S. Department of Justice, the answer to this question seems to be “yes”.  Coupled with the fact that Texas ranks in the bottom third of all U.S. states for comprehensive evaluations for mentally disabled patients, the issue of care for these patients in Texas nursing homes is a serious concern.  Read on to learn more about mental disability and Texas nursing homes.

If someone you love is living in a nursing home and you are concerned about his or her mental health or related services, contact MedMalFirm.com.  Our nursing home abuse attorneys can help you understand your loved one’s legal rights, and help ensure that his or her mental health is part of the overall care plan.

Substandard Care of Mentally Disabled Residents Results in Lawsuit

In 2010, a lawsuit was filed by a mentally disabled nursing home resident (along with several others who joined the lawsuit) who received substandard care for many years before finally being able to live an independent life.  For many years, the 71-year-old plaintiff was forced to work in a factory for less than 50 cents per hour, and was housed in a group home.  While he suffers from depression and both mental and medical conditions that affect his daily life, he is able to read and write, and even drives a truck.  After social workers realized his plight, he was transferred to another facility before finally being given the opportunity to be independent.  He now lives in a large home with three other men who have similar disabilities, and has regular access to services.

The original 2010 lawsuit cast more light on the substandard care that mentally disabled patients in nursing homes receive.  Another case brought to light by the lawsuit was that of a woman who became mentally disabled after a traumatic brain injury in a car accident when she was 10.  Due to financial restrictions and military deployment, it was necessary for the woman to be in the care of a nursing home facility.  Unfortunately, the nursing home’s evaluation was not sufficient to determine the proper level of care needed for the individual patient.  After deployment, her mother returned to Texas to find her daughter in a dire situation.  She was no longer able to sit up, could no longer straighten her limbs, and had developed a deformity in her spine.  She died at just 29 years old.

Texas Nursing Home Standards and the Legal Process

Advocates for mentally disabled patients, like those discussed above, are emphatic that Texas nursing homes are not only violating patient rights, but they are also in violation of the Americans with Disabilities Act (ADA) and other federal guidelines and laws.  Advocates say that failing to uphold these laws and guidelines is preventing up to 4,000 mentally disabled individuals from functioning in the community and society.  Many mentally disabled individuals are able to function independently and successfully when they are provided with adequate services and therapies.

Even with serious allegations claiming a general disregard for federal laws, the lawsuit filed in 2010 remained stagnant until 2012 when the U.S. Department of Justice joined in on the side of the disabled plaintiffs.  In 2013, an “interim settlement agreement” was reached, with the goal of expanding community services for mentally disabled, as well as a guideline that care and service programs for patients be established on an individual basis.  Based on this settlement, the lawsuit was set aside for an additional two years.

In 2015, the settlement agreement was revoked without reason.  Neither party to the lawsuit would explain why the agreement ended, and thus, the lawsuit was reactivated.  In May, a federal judge ruled that the lawsuit would proceed, and granted class-action status.  So far, over 4,000 mentally disabled patients in nursing homes have joined the lawsuit.  None of the plaintiffs are seeking financial compensation, but rather, the lawsuit is a call to action for Texas to enforce state and federal laws.

Why Comprehensive Evaluations Matter

The issue at the heart of this lawsuit is ensuring that patient rights are not violated, and that Texas nursing homes are doing their part to protect the health and livelihood of patients.  Mentally disabled patients are often able to transition into the community, either independently or with the help of social services, but it is critical that they have access to the right services.  To do this, nursing homes must conduct comprehensive evaluations of each patient and create a care plan that meets the individual’s needs.

When nursing homes fail to properly evaluate and care for patients, they are jeopardizing the rights, health, and future of those they are supposed to be caring for.  Inadequate, substandard, or negligent care can have devastating effects on mentally disabled patients, and can cross the boundary from bad practice to abuse.

How to Spot Nursing Home Negligence or Abuse

Texas nursing homes are tasked with providing patients with supervision, mental and physical care, therapies as needed, access to services, and a safe and caring environment.  If you or a loved one has been diagnosed with a mental disability, and you believe the best course of action is nursing home care, it is important that you understand the legal rights that patients have, the facility’s process for evaluation, and the warning signs of substandard care.  Some of the most prominent warning signs include:

• Poor hygiene
• Unexplained bruising or injuries
• Sudden behavioral changes, such as withdrawal, depression, or fearfulness
• Development of bedsores
• Use of physical restraints
• Improper use of medications
• Limited access to services or healthcare
• Signs of sexual abuse

Texas Nursing Homes Must Be Accountable

When Texas nursing homes fail to uphold the law and their duty to patients, they must be held accountable.  To do so, patients and their loved ones must be willing to report any suspicions they have about neglect or abuse.  Further, it is important to learn more about the legal rights of nursing home patients in order to protect them and prevent nursing homes from harming others.

To learn more about nursing home abuse, legal resources for the mentally disabled, or legal options like filing a lawsuit, contact MedMalFirm.com.  Our team is knowledgeable and experienced in all matters pertaining to nursing home abuse.  We pride ourselves on offering you the utmost compassion and respect during a very difficult time.  To request a free consultation, fill out our online form, and our staff will be in touch shortly.