Injured by Nursing Home Neglect? Texas Lawyers Can Help

What Counts as Nursing Home Neglect in Texas?

Neglect occurs when a facility fails to provide the care a resident needs to maintain health and safety. It can include inadequate staffing or supervision, missed medications, poor hygiene, dehydration or malnutrition, untreated infections, unsafe transfers and falls, and failure to prevent or treat pressure ulcers. Abuse can be physical, emotional, sexual, or financial. Both neglect and abuse can violate residents’ rights and applicable standards of care under state and federal law, including federal residents’ rights and Texas nursing facility requirements.

Common Warning Signs

• Unexplained bruises, fractures, or frequent falls
• Rapid weight loss, dehydration, or repeated infections
• Bedsores (pressure ulcers) or worsening wounds
• Sudden changes in behavior, fearfulness, or withdrawal
• Poor hygiene, soiled bedding, or strong odors
• Medication errors or missed treatments
• Elopement or wandering, especially with cognitive impairment
• Unusual bank activity, missing belongings, or changes to documents

Your Immediate Next Steps

• Ensure medical care: Seek prompt evaluation and treatment for any injuries.
• Document everything: Take photos, note dates, and save care plans, medication lists, and communications.
• Request records: Ask for medical records, incident reports, and staffing or care notes.
• Move the resident if necessary: Consider a transfer if safety is at risk.
• Report concerns: Report suspected abuse, neglect, or exploitation to state authorities, and if immediate danger exists, call 911.

Reporting in Texas

Texas maintains systems for reporting suspected abuse, neglect, or exploitation of nursing home residents to state authorities. You can learn how to report nursing facility concerns through the Texas Health and Human Services (HHSC) resources for nursing facilities and the general HHSC page on reporting abuse, neglect, or exploitation. For urgent or life-threatening situations, contact local law enforcement or emergency services first.

Your Legal Options

Depending on the facts, potential civil claims may include negligence, medical malpractice/health care liability, premises liability, assault or battery, breach of contract, and wrongful death. Claims may be brought against the facility, ownership entities, management companies, and individual providers. Remedies can include compensation for medical expenses, pain and suffering, loss of companionship, and, in severe cases, exemplary (punitive) damages where allowed by law. See, for example, Texas Civil Practice and Remedies Code chapters on exemplary damages.

How Texas Lawyers Build These Cases

• Case investigation: Review medical records, care plans, staffing logs, policies, and surveillance where available.
• Expert analysis: Retain nursing home, nursing, and physician experts to assess standards of care and causation.
• Preservation of evidence: Send spoliation notices and obtain electronic records and audit trails.
• Damages proof: Document injuries, functional decline, disability, and financial losses.
• Regulatory history: Examine prior deficiencies, inspection reports, and enforcement actions, including publicly available information on Medicare Care Compare.
• Negotiation and trial: Pursue settlement where appropriate and prepare for litigation if needed.

Statutes of Limitations and Deadlines

Deadlines can be short and may vary by claim type, the parties involved, and other factors. Some claims may have presuit requirements (for example, health care liability claims under the Texas Medical Liability Act). Consult a Texas attorney promptly to protect your rights and ensure all timelines are met.

Evidence That Strengthens a Claim

• Medical charts, care plans, MARs/TARs, wound care logs
• Incident and fall reports, transfer records, and EMS reports
• Staffing schedules, acuity tools, and training materials
• Photographs and videos of injuries or conditions
• Communications with the facility and internal complaint responses
• Survey/inspection results and corrective action plans
• Testimony from family, staff, and treating providers

Resident Rights in Texas Facilities

Residents of Texas nursing homes have rights under federal and state law, including the right to dignity, privacy, participation in care decisions, and freedom from abuse and neglect. See 42 C.F.R. § 483.10 (Resident rights), the Texas Health & Safety Code provisions governing nursing facilities (Chapter 242), and HHSC rules for nursing facilities (26 TAC Chapter 554).

Insurance and Compensation

Long-term care facilities typically carry liability insurance. Recoverable damages can include medical bills, rehabilitation, pain and suffering, disability or disfigurement, and in certain cases wrongful death damages. Lawyers also evaluate coverage, policy limits, exclusions, and any indemnity or corporate structure issues that may affect recovery.

FAQ

How do I report suspected neglect or abuse in Texas?

For emergencies, call 911. For non-emergencies, report to Texas HHS using the nursing facilities resource page for reporting abuse, neglect, or exploitation, or see HHS guidance on how to report.

How long do I have to file a lawsuit?

Deadlines vary by claim and parties involved. Many Texas injury claims have a two-year limitations period, but health care liability claims have specific presuit and expert report requirements. Speak with a Texas attorney as soon as possible to confirm deadlines.

What compensation may be available?

Potential damages include medical expenses, pain and suffering, mental anguish, loss of companionship, and in qualifying cases exemplary damages. The facts, coverage, and Texas law will determine recoverable amounts.

Do arbitration agreements prevent lawsuits?

Some admission agreements include arbitration clauses. Enforceability depends on the clause language and applicable law. An attorney can review the agreement and advise on options.

Why Act Now

Prompt action helps secure medical care, preserve evidence, interview witnesses while memories are fresh, and comply with legal deadlines. Early involvement of counsel can reduce the risk of records being lost or overwritten and position your case for the strongest possible outcome.

How Our Texas Team Can Help

We offer confidential consultations, investigate your concerns, coordinate with medical experts, and communicate with insurers and facility counsel. If we take your case, you owe no attorney’s fees unless we recover compensation. We will keep you informed at every step.

Ready to Talk?

If you believe a loved one was harmed by neglect or abuse in a Texas nursing home, contact our team. We can evaluate the situation, outline your options, and act quickly to protect your family.

Sources

• Texas HHS – Report Abuse, Neglect, or Exploitation (Nursing Facilities)
• Texas HHS – Report Abuse, Neglect, or Exploitation
• CMS – Nursing Homes (Federal Requirements and Residents’ Rights)
• eCFR – 42 C.F.R. § 483.10 Resident rights
• Texas Health & Safety Code Chapter 242 (Nursing Facilities)
• Texas Human Resources Code Chapter 48 (Abuse, Neglect, and Exploitation Investigations)
• Texas Administrative Code – 26 TAC Chapter 554 (Nursing Facility Requirements)
• Texas Civil Practice & Remedies Code Chapter 74 (Medical Liability)
• Texas Civil Practice & Remedies Code Chapter 41 (Exemplary Damages)
• Medicare Care Compare – Nursing Homes

Texas-Specific Disclaimer

This blog provides general information about Texas nursing home neglect and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines can change and may vary by situation—consult a licensed Texas attorney about your specific circumstances.