An Update from Our Firm about COVID-19

Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner remains fully operational and committed to serving our clients and colleagues throughout the Coronavirus (COVID-19) crisis. As we follow the CDC guidelines and practice social distancing, we remain available for phone consultations and scheduled in-person meetings with both current and prospective clients and colleagues. Please contact our office by email or by calling 713-222-7211 with any questions. We look forward to hearing from you.

Is the Nursing Home Industry Broken?

Last year, the first wave of the 80 million United States baby boom generation started to retire. It doesn't take a futurist to recognize the population of nursing homes will soon begin to rise at a much more rapid rate over the next 10 to 25 years. To get an understanding of where we are, there are approximately 1.5 million people residing in 17,000 nursing homes. With 80 million baby boomers living longer, these numbers could be astronomical by 2030.

Looking at nursing home complaints, we often find that these homes are understaffed, overworked, and poorly trained. What's worse, the Texas Legislature has decided it is better to protect the nursing home owners and managers from facing large damage awards (which may in turn create a change in conduct), while doing nothing to enhance the safety and security of our nursing home residents.

In looking at a potential nursing home negligence case, we typically start by reviewing three areas. First, a nursing home resident is initially admitted, and an assessment is performed on the patient to determine what the potential health risks are and what future care is needed. This assessment typically must be done within a couple of days of admission, and is a fairly lengthy standardized assessment. Review of this document is essential to determine if the assessment was properly done and, if so, whether or not the plan of care was properly carried out.

The second area we look at is the actual plan of care itself. It is the nursing home's responsibility to plan for the needs of the patient based upon the assessment (and continued reassessment of the patient). Each plan of care should specifically address the needs of each patient and should not be a one plan fits all approach. The care plan will become the guide for patient care that the nursing home staff must follow.

The final step in the initial evaluation of a nursing home malpractice case is to determine whether or not the resident's care plan was properly executed, and whether the resident received adequate care. The place to start this inquiry is with the nursing home documentation. Often, because of staffing problems, the best intentions on the first two steps do not result in adequate execution. Further, reassessment or re-evaluation are continued to be a priority when dealing with nursing home residents.

As our nursing home population grows, it would better for society if there were no nursing home negligence cases. Our elderly population deserves to live and be cared for with their safety, comfort and dignity as our priorities. We hope the legislature will re-assess who really needs the protection& nbsp;- the nursing home industry or the nursing home residents, and we hope the industry will step up its efforts to enhance the welfare of our treasured citizens.

No Comments

Leave a comment
Comment Information
  • $50+ Million Fire & Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Plant Fire & Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Worksite Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $48 Million Catastrophic Burns

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $48 million.

Our Record Of Success

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

Read More Success Stories

Let Us Help You Request a Free Consultation Today

Get Help Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to top