Placing a loved one in a nursing home is never an easy decision. You expect that your family member will receive proper care, attention, and respect. Unfortunately, not every nursing home upholds the standards they promise. Across Texas, families are discovering that abuse and neglect are real concerns in long-term care facilities.
When someone you love suffers mistreatment in a nursing home, the emotional weight can be overwhelming. You might feel helpless, unsure of where to turn or what steps to take. Understanding your legal options is the first step toward protecting your loved one and holding the responsible parties accountable.
Recognizing the Warning Signs of Abuse
Nursing home abuse can take many forms, and not all of them leave visible marks. Abuse might be physical, emotional, sexual, financial, or result from neglect. It’s important to watch for changes in your loved one’s behavior or health. Warning signs can include:
- Unexplained bruises, cuts, or fractures
- Bedsores or untreated infections
- Sudden withdrawal or fear around certain staff members
- Poor hygiene or unsanitary living conditions
- Weight loss or signs of malnutrition
- Unusual financial activity or missing personal items
These indicators can signal deeper issues that warrant immediate attention.
Taking Immediate Action
If you suspect abuse, the safety of your loved one must come first. Remove them from the facility if you believe they’re in danger. Then, take steps to document everything. Photograph injuries, keep notes of conversations, and collect medical records if possible. These details can be important later.
You should also report your concerns to the appropriate authorities. In Texas, you can file a complaint with the Texas Department of Health and Human Services (HHS) by calling 1-800-458-9858 or reporting online. If your loved one is in immediate danger, call 911.
Understanding Your Legal Rights
Texas law protects nursing home residents from abuse, neglect, and exploitation. Under both state and federal regulations, facilities have a duty to provide adequate care and to maintain a safe environment. If that duty is violated, families may pursue legal claims against the facility, its staff, or others involved in the mistreatment.
There are several legal paths available:
- Filing a Personal Injury Lawsuit
A personal injury lawsuit allows families to seek compensation for physical and emotional harm caused by abuse or neglect. This type of claim can help cover:
- Medical expenses related to injuries
- Pain and suffering
- Emotional distress
- Relocation costs to a safer facility
In cases involving egregious conduct, courts may also award punitive damages to punish the wrongdoer and discourage similar behavior in the future.
- Pursuing a Wrongful Death Claim
If your loved one passed away due to mistreatment in a nursing home, surviving family members may be eligible to file a wrongful death claim. This type of lawsuit can help you recover damages for:
- Funeral and burial expenses
- Loss of companionship or support
- Emotional anguish
Texas law allows spouses, children, and parents of the deceased to pursue these claims. In some cases, the estate may also bring a survival action to recover damages the deceased could have claimed if they had survived.
- Reporting and Administrative Complaints
While not a substitute for a lawsuit, filing a complaint with state regulatory agencies can trigger investigations. These inquiries can result in fines, penalties, or even the closure of unsafe facilities. They also establish an official record of misconduct that may support a civil case.
In some situations, your attorney might work with law enforcement or government agencies to ensure all responsible parties are investigated. Criminal charges may also be filed against individuals who physically or sexually abuse nursing home residents.
Proving Liability in a Nursing Home Abuse Case
To bring a successful claim, your attorney must show that the nursing home or its staff breached their duty of care and that this breach caused harm. This typically requires evidence such as:
- Medical records and expert testimony
- Witness statements from staff or other residents
- Facility inspection reports and violation records
- Surveillance footage or photographs
- Employee background checks and training documentation
Because evidence can disappear quickly, it’s important to act as soon as possible. An experienced lawyer can begin gathering and preserving evidence before it’s lost or altered.
Common Defenses Used by Nursing Homes
Facilities often deny wrongdoing and may attempt to shift blame onto the resident or claim that an injury was accidental or caused by a preexisting condition. They might argue that the staff acted appropriately or that no abuse occurred.
Your attorney can challenge these defenses by presenting a detailed timeline, medical evidence, and expert opinions. Skilled legal guidance helps you stay ahead of these tactics and build a strong case.
Why Legal Representation Matters
Nursing home abuse cases involve complex regulations and emotional subject matter. Families are often up against large corporations and insurance companies with significant resources. An attorney who understands the challenges of elder abuse litigation can help level the playing field.
From investigating the abuse to negotiating a settlement or taking your case to court, a personal injury lawyer will guide you through the legal process and advocate for justice on behalf of your loved one.
How Long Do You Have to File a Claim?
In Texas, the statute of limitations for filing a personal injury or wrongful death lawsuit is generally two years from the date of the injury or death. Missing this deadline can prevent you from recovering damages.
There may be exceptions based on the circumstances, such as when abuse is discovered later. However, you should speak with an attorney as soon as possible to ensure your claim is filed within the proper timeframe.
Holding the Facility Accountable Helps Others
By taking legal action, you’re not only seeking justice for your loved one—you may also help protect other residents. Lawsuits can lead to better oversight, changes in staffing practices, or even force negligent facilities to improve their conditions.
Many families feel conflicted about pursuing legal action, especially if they once trusted the nursing home. But holding bad actors accountable can prevent future harm and encourage safer standards across the industry.
Nursing home abuse is never acceptable. If someone you love has suffered at the hands of a facility meant to care for them, you have every right to demand answers. The law provides tools to protect the vulnerable and seek justice for those who can’t always speak for themselves.
Take the Next Step with a Trusted Advocate
If you believe your loved one has been the victim of nursing home abuse, you don’t have to navigate the process alone. Attorney Chelsie King Garza understands the pain and outrage families experience in these situations. She offers compassionate legal support backed by years of experience holding negligent facilities accountable. Reach out today to learn how she can help protect your loved one and pursue the justice your family deserves.
