Texas

• 2 years with Discovery Rule. (Tex. Civ. Prac. & Rem. Code §16.003)
• Medical malpractice 2 years with Discovery Rule. (Tex. Civ. Prac. & Rem. Code §74.251(a))

• Medical malpractice action filed on or after September 1, 2003 – Noneconomic damages are limited to a total of $250,000 from all individuals and institutions, with a $500,000 total damages limitation from all institutions. (Tex. Civ. Prac. & Rem. Code §74.301)

• 2 years with Discovery Rule. (Tex. Civ. Prac. & Rem. Code §16.003 - http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htm#16.003)

• Medical malpractice action for wrongful death – Noneconomic and economic damages are limited to $500,000, adjusted annually for inflation. (Tex. Civ. Prac. & Rem. Code §74.303)

• Texas Department of State Health Services
• Adult Protective Services
• Department of Aging and Disability Services
• Long Term Care Ombudsman

• Investigations and Protective Services for Elderly and Disabled Persons – (Tex. Hum. Res. Code Ann., Chpt. 48)
• Adult Protective Services – (Tex. Admin. Code §40.19-705)

• Texas Jury Awards Family Of Abuse Nursing Home Patient $2.1M

A Texas jury found CLC Richland Hills nursing home and its medical director responsible for the death of a 79-year old woman.  The woman entered the facility for rehabilitation following a fall.  During the course of her stay, she developed a urinary tract infection which went untreated by the nursing home staff.  Not only did the staff fail to follow proper protocol to prevent the urinary tract infection (uti), it also over-medicated the woman.  The staff admitted they 'dropped the ball'  to state nursing home inspectors. 

The woman's family will not collect much from the judgment.  According to the families lawyer, Geno Borchardt, 'bad nursing home operators and doctors who get overextended, its hard to hold them accountable.'

• Settlement Reached With Hospital & Assisted-Living Facility In Case Involving Amputation Of Woman's Legs

Following a trial and appeal, the family of Alice Limbrick has reached a settlement with the assisted-living facility where she was a resident.  In the lawsuit (Roy Limbrick et al v. Mariner Health Care, Inc.), the deceased woman's family claimed both the assisted living facility where she was a resident and a hospital where she underwent medical treatment, were negligent in allowing her to developed pressure sores that ultimately led to the amputation of her legs. 

Following the fall and resulting hip fracture at Green Acres Parkdale, Limbrick was admitted to Baptist Hospitals of Southeast Texas where she underwent medical treatment for her hip fracture.  It was during admission to the hospital, Limbrick developed pressure ulcers and blisters on her heels and left leg. 

• Nursing Home Abuse: Texas Nursing Home Worker Caught Punching Resident

Can someone please let me know what drives a person to physically abuse a defenseless elder? Is it empowering?  Is it done out of frustration? Does it just feel good?

Out of Texas, Lufkin Police have arrested a certified nurses aide (CNA) in connection with an episode of abuse witnessed by co-workers.  The incident took place on March 22, 2009 at Castle Pines Health and Rehabilitation Center. Apparently, the CNA took an 80-year-old CNA into her room, closed the door and began striking resident.

• Big Verdicts Against Nursing Homes 

Nursing home owners take note: no longer can providing poor care to elderly nursing home residents be part of 'doing business.'  Take a look at some recent jury verdicts involving nursing home abuse and neglect.  Imagine the owner of a nursing home writing these types of checks....

• 19 Hours In A Hospital Waiting Room... For A Bill

On September 24th, Amber Joy Milbrodt injured her leg while playing volleyball.  Needing medical treatment, Milbrodt went to the emergency room atParkland Hospital in Dallas, Texas.  After a three and a half hour wait the a nurse provided an initial assessment of Ms. Milbrodt and sent her back to the waiting area.  Fifteen hours later and still sitting in the waiting area, Ms. Milbrodt had enough and went home.  Ms. Milbrodt later visited a chiropractic school where they confirmed that she had a broken leg. Ms. Milbrodt received a bill for the emergency room assessment several days later.

What makes this incident particularly disturbing is that it comes just five days after a man died after waiting 19 hours for relief of his chest pain.  On September 20th, 59-year-old, Mike Herrera, died from cardiac arrest in an examination room in the emergency room.  Mr. Herrera checked himself into the emergency room at a computer kiosk before he began his wait.