Texas Personal Injury Law Blog

Nursing home neglect and abuse are a tremendous problem in America.  This problem is even greater in Texas, where the average standard of care provided by nursing homes is significantly lower than the national standard of care.  I’ve worked on horrible nursing home cases, such as a case in which the patient was dropped by by the nurse’s aids and then kicked repeatedly for screaming from the pain of the resulting broken bones.  The possibility that each of us could eventually be left in the care of a nursing home during our elderly years is an extremely frightening thought.  Yet, when a loved one needs around the clock care and supervision, nursing home care may be the only viable option.  In that case, how can we determine which nursing homes offer the best level of care for our loved ones?

Unfortunately, there are no guarantees when choosing any nursing home facility — even the very best rated facility can be found to engage in abuse or neglect.  Nonetheless, there is consumer information available to allow individuals and their family members to evaluate and compare nursing homes so that an informed decision can be made.

The Texas Department of Aging and Disability Services is a good place to look when considering a nursing home.  This site allows you to locate and compare nursing homes in a given area.  The information provided is based upon past inspections of the facilities.  Each facility receives an over all score of 0 to 100, with 100 being the highest possible score.  The inspection information for the facility can be reviewed in order to gather information on past violations and how the facility compares to the national and state averages on particular points, such as the average amount of skilled nursing care received by each resident per day.  The site is not the easiest to maneuver.  In order to conduct a search, click on the “Find and Compare Longterm Care Providers” link to the left of the homepage screen and then select the type of facility that you are interested in, such as “All Free-standing Nursing Homes.”  On the next page, select whether you want to search by county, city, zip code, etc. and put in your search parameters.  I suggest that you start with county searches, as these searches will allow you to compare a greater number of facilities per page in a given area.  When reviewing a nursing home’s investigation summary, be sure to click on the “Supplemental Page” and “Nursing Home Compare” links at the bottom of the nursing home’s investigation page.

Of course, gathering this information should just be the beginning of your investigation of a particular nursing home and determining whether the facility is the best place for your loved one.  You should definitely visit the facility and ask questions about how the facility is suited to meet your loved one’s particular needs.  Make certain that you also visit more than one facility so that you will have a better basis for comparing them.

 After you have selected a nursing home for your loved one and your loved one is living at the facility, be certain to visit often.  The single best way to prevent abuse and neglect is to visit often and make certain that the nursing home staff knows that you are checking in on your loved one regularly.  Talk with your loved one about the care that he or she is receiving and investigate further if your loved one gives unclear or evasive answers.  In the case of nursing home abuse, patients are frequently afraid to disclose what is happening to them.  Also, be sure to physically examine your loved one regularly.  Bed sores are a tremendous problem in nursing homes and can be deadly.  I’ve seen many cases in which the family didn’t realize that their loved one was developing a bed sore because they did not see the bed sore on their loved one’s legs or torso, which were typically covered by blankets during the family members’ visits.

Dr. Pamela L. Johnson is an obstetrician/gynecologist who has been forced out of three states due to her incompetence and faulty surgical skills. After having her licenses suspended in both Virginia and New Mexico, as well as being fired by Duke University Medical School in North Carolina, Dr. Johnson has found refuge in Texas.

Three years ago, Texas Lawmakers enacted new medical malpractice laws which establish a zero accountability standard for doctors. Given that patients now have virtually no right to protection from careless and negligent doctors, the Texas lawmakers have also abolished the Office of Patient Protection, which formerly served as an ombudsman for patients harmed by medical malpractice.

The radical “tort reforms” of 2003 have resulted in making Texas the nations dumping ground for bad doctors.

            Trasylol is the only FDA‑approved drug for the prevention of blood loss during heart surgery. By boosting the body’s ability to stop bleeding, it can help reduce the need for blood transfusions. Unfortunately, it can also have dangerous side effects, including kidney failure, heart failure, and stroke.  A recent study shows that Trasylol may double the risk of kidney damage, as well as increase the risk of heart attack by nearly 50%.  The FDA recently issued a Public Health Advisory urging physicians who use Trasylol to carefully monitor patients for the occurrence of toxicity to the kidneys, heart, and central nervous system. The FDA also revised the labeling requirements to strengthen safety warnings and limit usage of the drug to specific situations.  If you have suffered kidney failure or heart problems following heart surgery, you may have been treated with Trasylol and you may be entitled to compensation for your injuries. Contact Dina Steele at  Steele Law to discuss your possible personal injury case.

Fort Worth doctor, Arthur Nilon Tallant, was honored by the Texas Legislature as the “doctor of the day” in April 2006, and again in January 2007.  Dr. Tallant plead guilty to 19 counts of “sexual performance by a child” in Hays County in 1997. Dr. Tallant was 64 at the time, and his victim was a 17 year old patient.  Dr. Tallant’s medical license was revoked that same year due to both his felony conviction and alcohol abuse, but was reinstated just four years later in 2001. 

The Texas Medical Board relies only on an “honor system” of physician self-reporting for criminal convictions.  Of course, (surprise, surprise) criminals aren’t too motivated by “honor” and therefore, may not report their own criminal conviction.  This was certainly the case with Dr. Tallant, for whom the Texas Medical Board continues to report no convictions.  Given the Texas Medical Board’s complete lack of effort in maintaining accurate information regarding the criminal history of Texas doctors, it’s not surprising that the Texas legislature was unaware of Dr.Tallant’s history as a sex offender when it first honored him in April 2006.   

Representatives Jerry Madden and Phil King  found out about Dr. Tallant’s felony conviction shortly after the April 2006 honors were bestowed and informed the House speakers office.  Nonetheless, the House of Representatives proceeded to honor Dr. Tallant again in January 2007.     We are running the risk that Texas is becoming a safe haven for bad doctors.”  — This was the response of Alex Winslow, who is the executive director for Texas Watch.  Texas Watch is a non-profit, non-partisan consumer protection group dedicated to advocating the rights of families in Texas.  You can also view the CBS news report, which includes interviews of Texas lawmakers and an attempted interview of Dr. Tallan.