In Texas, elder abuse has become a growing concern for families entrusting the care of their elderly loved ones to assisted living facilities, nursing homes, and long-term care centers. Family members are left grappling with the aftermath of nursing home abuse and neglect and often seek justice through legal means.
This is where the guidance of an experienced Texas nursing home abuse lawyer becomes essential. A skilled attorney specializing in nursing home cases can provide the support necessary to navigate the complex legal process and ensure responsible parties are held accountable for their actions.
At our law firm, we are dedicated to obtaining justice and compensation for victims of nursing home abuse. Our experienced nursing home neglect lawyers have a strong record of handling these cases carefully and securing meaningful settlements and verdicts.
We perform in-depth investigations to ensure every aspect of the abuse is addressed, including medical expenses, emotional distress, and other forms of damage. Drawing on our extensive experience with these claims, our law firm tackles the challenges head-on and works relentlessly to safeguard your rights.
Nursing home abuse encompasses any intentional harm or neglect inflicted on residents by caregivers, staff, or other residents of assisted living centers.
This abuse can take many forms, such as medication errors, each with severe consequences for the victim’s physical, emotional, and financial well-being. Below are the types of nursing home abuse cases our nursing home neglect lawyers handle:
Physical elder abuse involves any use of force that results in harm to an elderly nursing home resident. This can include hitting, slapping, kicking, or even improper use of physical or chemical restraints. Many elderly residents are physically frail, making them more susceptible to broken bones, bruises, and other severe injuries from such abuse.
For example, using restraints without medical necessity is a common form of abuse, often resulting in severe physical pain and emotional distress.
Mental and psychological abuse in assisted living facilities includes verbal assaults, threats, humiliation, and isolation. Nursing home staff may belittle or manipulate residents, causing them to feel worthless, fearful, or emotional distress.
In some cases, residents are ignored or isolated from social interactions, which can lead to depression, anxiety, and a decline in their overall health.
Sexual abuse involves any non-consensual sexual activity with a nursing home resident. Elderly individuals, especially those with cognitive impairments, are particularly vulnerable to sexual abuse in nursing homes.
Sexual abuse may include inappropriate touching, sexual assault, or exploitation. The emotional trauma and physical injuries caused by sexual abuse can have lasting effects on a nursing home resident’s well-being, and it’s crucial to seek immediate legal help to stop this kind of mistreatment.
Medical malpractice in nursing homes refers to any failure by healthcare providers to deliver appropriate medical care, resulting in harm to the resident.
This can include bedsores (also known as pressure sores), medication mistakes, misdiagnosis, or delayed treatment. For example, untreated pressure sores can lead to life-threatening infections, while medication errors can result in severe complications or even death.
Negligence occurs when nursing staff fail to provide adequate care to meet the resident’s basic needs. This includes poor hygiene, malnutrition, dehydration, and failure to monitor residents properly, leading to incidents like elopement (when a resident wanders away from the facility).
Neglect cases often involve a systemic failure within the facility to provide proper care and attention.
Financial abuse in assisted living facilities involves the exploitation of a nursing home resident’s finances or assets. This type of elderly abuse can include unauthorized withdrawals from bank accounts, identity theft, manipulation of wills, or coercing the resident into giving away money or property.
Elderly persons are often targets of financial exploitation because they may be less aware of their financial situation or more trusting of caregivers.
This occurs when a nursing home resident dies as a result of abuse or neglect. Whether due to physical abuse, medical malpractice, or failure to provide basic care, the loss of a loved one under these circumstances is devastating for families.
A wrongful death claim allows family members to seek justice and compensation for funeral expenses, medical costs, and the emotional pain caused by their loss. Our law firm of Texas nursing home abuse lawyers is committed to holding nursing homes accountable in these tragic cases and ensuring that surviving family members can find closure.
Various federal and state laws protect nursing home residents, ensuring their safety, dignity, and well-being.
These laws grant elderly residents the right to receive proper care, live free from abuse and neglect, and enjoy a decent quality of life in nursing homes and assisted living facilities.
One of the most important federal laws protecting residents is the Nursing Home Reform Act of 1987, which mandates that nursing homes provide services to maintain each resident’s highest level of physical, mental, and psychosocial well-being.
This law ensures that nursing home residents receive adequate care, including assistance with daily activities, proper nutrition, and access to medical treatment. It also grants residents the right to be free from physical and chemical restraints used for discipline or convenience.
In addition to federal laws, Texas has regulations governing nursing homes.
The Texas Health and Human Services Commission (HHSC) oversees nursing home facilities in the state, ensuring they comply with state and federal laws. Texas laws reinforce residents’ rights to receive proper care, maintain personal privacy, and be protected from abuse, neglect, and exploitation.
Texas law requires nursing homes to maintain sufficient staffing levels to ensure residents receive appropriate care, and facilities must adhere to strict health and safety standards. Violating these standards can lead to penalties, citations, and legal actions filed by residents or their families.
In cases of nursing home neglect or abuse, various individuals can take legal action to protect the victim’s rights and pursue compensation.
Multiple parties can be held liable for the severe injuries caused to residents in nursing home neglect cases. The responsibility for ensuring the safety and well-being of residents doesn’t rest solely with individual caregivers. Understanding who can be held accountable is essential for seeking full compensation in nursing home cases.
Nursing homes, assisted living facilities, or corporations that operate nursing homes are often among the primary parties held liable in abuse cases.
These facilities are responsible for maintaining adequate staffing levels, ensuring proper training, and enforcing policies to protect residents from harm. If a nursing home’s negligence, such as understaffing or poor hiring practices, leads to abuse, the facility can be held accountable.
Individual staff members, such as nurses, aides, or caregivers, can also be directly responsible for physical abuse, emotional abuse, or neglect of nursing home residents.
In a nursing home abuse case where nursing home employees intentionally harm a resident or fail to provide adequate care, they may be held liable for their actions. This can include instances of sexual abuse, misuse of restraints, or failure to provide basic needs like food and hygiene.
Medical malpractice in nursing homes is another common issue. Doctors, nurses, and other healthcare providers may be held liable if their failure to provide proper medical care leads to harm.
For example, a doctor prescribing the wrong medication or failing to properly treat bed sores in nursing home patients could be liable for medical negligence.
In some cases, contractors or third-party providers hired by the nursing home can contribute to abuse or neglect. For instance, an outside contractor providing security or maintenance services may be liable in a nursing home lawsuit if their negligence harms residents, such as allowing them to wander off the premises (elopement) due to insufficient security measures.
The administrators and management of nursing homes play a critical role in setting policies, managing staff, and ensuring compliance with federal and state regulations. When these individuals fail to enforce safety protocols, supervise staff properly, or address known issues of neglect or abuse, they can be held liable for the harm under their watch.
At Nursing Home Law Center, our Texas nursing home abuse attorneys have extensive experience handling cases involving nursing home neglect, abuse, and wrongful death. Our law firm understands the physical, emotional, and financial toll that abuse takes on nursing home residents and their families.
Our legal team offers comprehensive legal services to guide you through every stage of the process, from the initial case evaluation to final resolution, whether through settlement or trial.
The first step in pursuing justice with a law firm is understanding the specifics of your case. We offer a free consultation to review the details of your situation, assess the potential for a claim, and answer any questions you have about the legal process.
During this evaluation, we will discuss the evidence of abuse or neglect, any medical records, and the possible damages you and your loved ones may be entitled to.
Once the law firm takes on your case, our legal team thoroughly investigates to gather the necessary evidence. This includes reviewing medical records, speaking with witnesses, and examining any prior incidents of abuse or neglect at the nursing home facility.
We work with experts to evaluate the extent of injuries, identify instances of nursing home negligence, and build a strong case demonstrating the harm caused to your elderly loved one.
After completing our investigation, the law firm will file a formal legal claim against the responsible parties. This claim may be directed at the nursing home, individual caregivers, or other liable parties.
Our nursing home abuse attorneys carefully draft the necessary legal documents, ensuring all relevant evidence is included, and file the claim within the statute of limitations of Texas law.
Many cases are resolved through settlement negotiations. Our experienced law firm will work diligently to negotiate a fair and just settlement on your behalf.
We consider all factors, including medical expenses, emotional distress, and future care needs, to ensure the settlement fully compensates your family. If the other side refuses to agree to a reasonable settlement, we will not hesitate to take the case to trial.
The attorneys at our law firm are fully prepared to represent you or an elderly loved one in court if a fair settlement cannot be reached. We have a strong track record of success in litigating nursing home neglect and abuse cases.
Our trial experience allows us to present your case effectively, showing the court how the nursing home’s negligence or abuse caused severe injuries or wrongful death.
Texas has 1,185 Medicare-approved nursing homes, and a significant portion of these facilities are struggling with their overall ratings and inspections. Specifically, 721 of these homes, or 60.8%, have received an overall rating of below or much below average.
Health inspections present challenges, as 539 facilities (45.4)%, scored poorly in this category. This suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.
Staffing levels are a critical concern, with 930 nursing homes, or 78.5%, receiving below-average ratings. These staffing deficiencies may reflect difficulties in providing consistent, adequate care for residents, impacting their day-to-day well-being and long-term health.
Regarding quality measures, 252 nursing homes (21.3%) received low ratings. This indicates that while staffing and inspections are problematic, most facilities still perform reasonably well in maintaining residents’ overall quality of care.
Additionally, 123 facilities, or 10.4%, were cited for abuse, raising severe concerns about resident safety. [1]
The worst-rated nursing homes in Texas include:
| Arlington Residence and Rehabilitation Center | Bender Terrace of Lubbock |
| Crestview Healthcare Residence | El Paso Health & Rehabilitation Center |
| Focused Care at Beechnut | Focused Care of Waxahachie |
| Lindale Specialty Care Center | Longview Hill Nursing and Rehabilitation Center |
| Pittsburg Nursing Center | Ralls Nursing Home |
| Remarkable Healthcare of Dallas, LP | Rose Trail Nursing and Rehabilitation Center |
| San Angelo Nursing and Rehab | San Rafael Nursing and Rehabilitation Center |
| Summer Meadows | The Meadows Health and Rehabilitation Center |
| The Medical Resort at Bay Area | Vintage Health Care Center |
| Vista Hills Health Care Center | Windsor Place |
| Winnie L Ltc Partners Inc |
Elder abuse can take many forms, and the signs may not always be apparent. However, by being aware of common signs, family members can take swift action to address potential abuse and seek legal help from a nursing home neglect lawyer.
Unexplained injuries or physical pain, such as bruises, cuts, broken bones, or burns. Elderly patients in a nursing facility may show signs of physical restraint marks on their wrists or ankles. If your elderly loved one is experiencing repeated or unexplained injuries, it could be a warning sign of physical abuse or neglect by nursing home staff.
Malnutrition and dehydration are often indicators of nursing home neglect. If a resident is visibly frail, it could signal that the facility fails to provide proper nutrition and hydration.
Nursing homes are responsible for ensuring every elderly person receives assistance with personal hygiene, including bathing, dressing, and grooming. If you notice your loved one with dirty clothes, unwashed hair, or poor dental hygiene, it may indicate the nursing home staff is neglecting their needs. Poor hygiene can lead to infections and other health issues.
Residents who are verbally abused due to emotional abuse may become fearful or reluctant to speak, withdraw from social activities, or exhibit symptoms of emotional distress. In some cases, psychological abuse can even cause residents to develop self-harming behaviors or a reluctance to interact with caregivers.
If your loved one shows an unusual fear or apprehension toward specific staff members or caregivers, it may be a red flag for abuse.
Elderly residents who have been physically or emotionally abused may avoid eye contact, refuse care, or become visibly distressed when a particular staff member approaches. This behavior should be taken seriously, and an investigation should be conducted to ensure their safety.
Nursing home residents who are bedridden or have limited mobility are at high risk for developing pressure sores if they are not repositioned regularly or provided with proper bedding. Pressure sores can indicate that the nursing home staff is neglecting the resident’s physical needs and failing to provide necessary medical care.
Sudden changes in your loved one’s financial situation, such as unauthorized withdrawals from their bank account, missing personal belongings, or altered wills, may indicate financial exploitation. Residents are particularly vulnerable to financial exploitation, primarily if they rely on caregivers to manage their finances.
Unsanitary or unsafe living conditions within the nursing home or assisted living facility are a clear indication of neglect.
If you observe an elderly person with dirty bedding, unsanitary bathrooms, inadequate heating or cooling, or general disrepair in the living areas, it could mean the facility is not providing the proper care and environment required for residents. These poor conditions can lead to infections, illness, and a decline in the resident’s overall health.
When a resident is purposefully isolated from others, either by being confined to their room or denied participation in social activities, it can be a sign of abuse or neglect. Social isolation may occur as a form of punishment or as a means of controlling the resident.
Elderly residents need regular social interaction to maintain their mental and emotional well-being, and being cut off from others can result in depression and anxiety.
If you believe your loved one is experiencing abuse or neglect, it’s essential to take immediate action to protect their safety and well-being. Here are the steps you should follow:
If your elderly loved one is in immediate physical danger or suffering from severe injuries, you should call 911 right away. Law enforcement and emergency medical personnel can assist and remove the resident from harm’s way. This step is crucial when the abuse poses a direct threat to the resident’s safety or life.
If the situation is not life-threatening, report the issue to the nursing home administrator or management team. Nursing homes are required by law to investigate and address reports of abuse and neglect. Document the date, time, and nature of your complaint to create a record of your concerns. Follow up to ensure that action is taken to protect the resident.
Ombudsmen are advocates for nursing home residents and work to resolve issues related to abuse, neglect, and poor living conditions. Filing a complaint with your local Ombudsman’s office can help ensure your concerns are taken seriously and prompt an independent investigation into the facility’s practices.
Once the immediate danger is addressed, seeking legal guidance from a lawyer is important. An experienced attorney can help you understand your legal rights, gather evidence, and file a claim to hold the responsible parties accountable.
By working with a Texas nursing home abuse lawyer, you can pursue compensation for your loved one’s injuries, medical expenses, and emotional trauma.
Victims of nursing home negligence or abuse, along with their families, may be entitled to recover a variety of damages through a legal claim.
These damages are intended to compensate for the physical, emotional, and financial harm caused by the abuse, as well as to hold the responsible parties accountable.
Economic damages cover the measurable financial losses incurred as a result of the abuse or neglect. These damages are designed to compensate victims and their families for out-of-pocket expenses, including:
Non-economic damages compensate for the non-financial losses a victim and their family have endured due to the abuse. These damages may include:
Punitive damages are often awarded in nursing home lawsuits involving intentional mistreatment or extreme neglect that shows a blatant disregard for the resident’s safety and well-being. These damages are meant to punish the nursing home, its staff, or other responsible parties for their actions and deter similar conduct.
If a nursing home resident dies as a result of abuse or neglect, the family may file a wrongful death claim to recover damages related to the loss of their loved one. These damages may include:
At Nursing Home Law Center, we believe that everyone should have access to justice, regardless of their financial situation. That’s why our Texas nursing home negligence and abuse lawyers operate on a contingency fee basis.
This means you don’t pay any upfront fees, and we only collect a fee if we successfully secure compensation for your case. If we don’t win, you owe us nothing.
The statute of limitations for these cases in Texas typically allows victims or their families two years from the date of the injury or discovery of the abuse to file a lawsuit. Failing to file a claim within this time frame can result in losing the right to pursue compensation.
Given the complexities of these cases, it’s essential to contact a qualified Texas nursing home abuse attorney as soon as possible to ensure that your case is properly investigated and filed within the legal deadline.
At Nursing Home Law Center, our experienced legal team has a long history of successfully representing victims of nursing home abuse and neglect throughout Texas. We are dedicated to holding negligent facilities accountable and pursuing the compensation you deserve.
If you suspect that your loved one has been a victim of nursing home abuse, don’t wait to take action. Contact us today for a free consultation and begin the path toward justice.
Call us at (800) 926-7565, or fill out our contact form
References: CMS