In the state of Texas, it’s estimated that more than 30 percent of all long-term care facilities have been cited at one time or another for nursing home abuse. When you consider the fact that many instances are not even reported, these numbers are even more startling. In an effort to curb elderly abuse, the state of Texas has made this crime a felony criminal offense. According to Chapter 48 of Texas’ Human Resources Code, the following behaviors could be considered nursing home abuse:
The exact felony charges will depend on a number of things, including the extent of the abuse and the number of patients involved. Those who are found guilty of abuse of the elderly could face sanctions that include:
In addition, a convicted individual could also face the loss of a professional license, making it impossible to find employment in their line of work again. Family members of the victim could also bring about a civil suit for damages that could ultimately result in a judgment worth several thousands of dollars.
In order for the state of Texas to meet its burden of proof, prosecutors will need to show that the accused’s actions or lack thereof caused serious bodily harm or death to a nursing home client. In raising reasonable doubt, abuse of an elderly person attorneys will attempt to show that this behavior was outside the norm for the individual being accused by bringing in character witnesses to testify on his or her behalf. They will also look for evidence that would show that someone other than defendant was to blame for the patient’s injuries.
As a former prosecutor for the state of Texas, Brett A. Podolsky has gained some valuable knowledge when it comes to processing criminal cases. As such, he can anticipate the moves that district attorneys are likely to make and counteract those moves with his own strategic defense. He is board-certified in criminal law by the Texas Board of Legal Specialization, which is something that only a handful of lawyers are able to accomplish.
For a free consultation on abuse of the elderly charges, dial 713-227-0087 and talk to Brett A. Podolsky today.
