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Texas Nursing Home Lawsuit

How to File a Texas Nursing Home Abuse Lawsuit

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When abuse or neglect in a Texas nursing facility leads to harm or a tragic loss, many families take legal action. A Texas nursing home lawsuit can provide compensation for treatment, relocation costs, funeral expenses, and more. Experienced lawyers help hold negligent facilities accountable, guiding families through the legal process with minimal extra stress. Take action right now.

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Understanding Texas Nursing Home Abuse Lawsuits

A Texas nursing home lawsuit is a legal claim filed against long-term care facilities, administrators, and/or staff members who fail to protect residents from harm or death.

These lawsuits address all forms of nursing home abuse that residents might suffer, including neglect, physical abuse, and sexual assault.

Did You Know

In June 2024, the family of U.S. Representative Eddie Bernice Johnson won their Texas nursing home lawsuit against Baylor Scott & White Institute for Rehabilitation in Dallas for wrongful death following surgery.

You trusted a nursing home to keep your loved one safe. If they were harmed, you can seek the justice and financial compensation your family deserves with a Texas nursing home lawsuit.

An experienced Texas nursing home abuse lawyer can handle the entire legal process for you, giving you the time you need to heal from the emotional and physical trauma your family suffered.

The Nursing Home Abuse Center works with top attorneys across the country. Our legal partners have recovered over $280 million for nursing home abuse and neglect.

See if we can help your family. Get your free case review right now.

Texas Nursing Home Lawsuit Case Values

Texas nursing home lawsuits award compensation through settlements and trial verdicts. However, most end in out-of-court settlements.

Here are several recent Texas nursing home lawsuit results:

  • $2.25 million on behalf of a resident for a fall
  • $1.4 million for severe and infected bedsores causing death
  • $800,000 after physical assault by another resident
  • $2.5 million for dehydration and fecal impaction from neglect

The best way to find out how much your Texas nursing home lawsuit could be worth is to get a free case review from an experienced legal professional.

Get started right now by calling us at (855) 264-6310 or Click to Live Chat.

Benefits of Filing a Texas Nursing Home Lawsuit

Filing a Texas nursing home lawsuit offers several key benefits. First, successful lawsuits hold negligent facilities and staff accountable for their actions, ensuring they face the consequences.

Other benefits of filing a Texas nursing home lawsuit include:

  • Advocating for better safety and care standards in nursing homes
  • Getting compensation for medical bills, relocation costs, and other damages
  • Helping prevent future mistreatment
  • Improving safety and care in nursing facilities across the state

Texas nursing home abuse lawsuits serve dual purposes: they support victims and their families and push for better standards of care in nursing homes.

Types of Texas Nursing Home LawsuitsA folder containing paperwork labeled "wrongful death," with a wooden gavel resting on top.

The most common types of nursing home lawsuits are personal injury claims.

Personal injury claims often arise from instances of abuse, neglect, or medical malpractice that lead to physical or emotional damages.

This type of civil legal action seeks to hold at-fault parties financially accountable for the harm caused.

These situations may lead to a Texas nursing home lawsuit:

Additionally, neglect is a form of abuse, so you may be able to sue a nursing home for negligence even if the harm was accidental.

Nursing home neglect and abuse are never acceptable, and your loved one deserves justice.

Don’t wait to take action — call us right now at (855) 264-6310 to find out how we can help.

Steps in Texas Nursing Home Lawsuits

Texas nursing home abuse lawsuits follow a clear process. Understanding each step in this process helps families prepare for what to expect.

These are the typical steps in a Texas nursing home lawsuit:

  1. Free consultation: First, you’ll need to get a free case review to determine whether you may be able to file a nursing home lawsuit.
  2. Collect evidence: If you qualify, your legal team evaluates the details by gathering bills, medical records, expert opinions, and more.
  3. File the Texas nursing home lawsuit: Next, your attorney files all paperwork with the proper court and within your case’s specific deadlines.
  4. Settlement negotiations: Finally, your nursing home lawyer will work to secure the highest compensation without going to court.
  5. Court trial: If a settlement isn’t reached, your legal team will continue fighting for your family at trial.

Working with an experienced nursing home attorney allows you to focus on your family. In the meantime, your legal team will work diligently to secure the money and justice you deserve.

Who Can File a Texas Nursing Home Lawsuit?

Nursing home residents who suffered harm may be able to file a Texas nursing home lawsuit.

Additionally, family members may be able to take legal action if their loved one has tragically passed away or cannot act on their own behalf.

Usually, these parties can file nursing home lawsuits:

  • Individual victims: If you personally experienced abuse or neglect in a nursing home or other care facility
  • Family members: Spouses or other close relatives of a loved one who suffered from abuse or neglect
  • Estate representatives: Executors or personal representatives if the abuse led to the victim’s death

To take action for nursing home abuse or neglect, working with a knowledgeable attorney can help you navigate the process with as little stress as possible.

Get started right now.

When Should I File a Texas Nursing Home Lawsuit?

Consider filing your Texas nursing home lawsuit as soon as possible.

Laws called statutes of limitations place strict deadlines on taking legal action, and they vary by state. The statute of limitations for Texas nursing home abuse lawsuits is typically 2 years for personal injury and wrongful death claims.

Taking immediate action also makes it easier to gather evidence. Witnesses may remember things better, and physical evidence is more likely to be available right after incidents happen.

If you or a loved one was harmed in a facility anywhere in the state, get started on filing your Texas nursing home lawsuit without delay.

Get your free case review right now.

Texas Elder Abuse Laws

Texas has several key elder abuse laws to protect vulnerable seniors from abuse, neglect, and exploitation. The Texas Health and Safety Code outlines the obligations of nursing homes and care facilities.

Under the Adult Protective Services Act, professionals like health care workers must report suspected abuse, and failure to do so can result in penalties. The Texas Penal Code addresses criminal neglect, exploitation, and physical or mental harm to seniors.

Here are key protections covered by Texas Elder abuse laws:

  • Civil and criminal penalties: Facilities can face fines and legal action if they fail to comply with elder abuse laws.
  • Mandatory reporting: Health workers must report abuse to Adult Protective Services (APS).
  • Ombudsman services: Advocates help resolve complaints in long-term care facilities.

Additionally, under the Texas Elder Justice Act, law enforcement and health services work together to investigate and prevent elder abuse.

The Texas Department of Health and Human Services (HHS) and the Office of the Long-Term Care Ombudsman provide additional oversight and advocacy.

Texas Nursing Home Lawsuit Service Areas

The Texas nursing home abuse lawyers in our network can help families across the state.

These are just some of our Texas nursing home lawsuit service areas:

  • Abilene
  • Adrian
  • Aiken
  • Allen
  • Alta Loma
  • Amarillo
  • Anton
  • Archer City
  • Arlington
  • Artesia Wells
  • Asherton
  • Atlanta
  • Austin
  • Bailey
  • Bandera
  • Bartlett
  • Baytown
  • Beeville
  • Bellville
  • Beaumont
  • Bigfoot
  • Blackwell
  • Blanket
  • Brackettville
  • Brashear
  • Brownfield
  • Brownsville
  • Bryan
  • Bryson
  • Buna
  • Burkett
  • Brookshire
  • Caldwell
  • Canadian
  • Carrollton
  • Caddo Mills
  • Center Point
  • Channing
  • Chillicothe
  • Childress
  • Clifton
  • Cibolo
  • Coldspring
  • College Station
  • Comstock
  • Copperas Cove
  • Corpus Christi
  • Crandall
  • Cross Plains
  • Crosbyton
  • Cuero
  • Cushing
  • Dallas
  • Dawn
  • Denison
  • Denton
  • Deweyville
  • Dime Box
  • Eagle Pass
  • Edinburg
  • Eden
  • El Paso
  • Era
  • Farwell
  • Fannin
  • Fort Stockton
  • Fort Worth
  • Frisco
  • Fritch
  • Garland
  • Gilmer
  • Girard
  • Grand Prairie
  • Gruver
  • Guthrie
  • Houston
  • Hye
  • Irving
  • Junction
  • Justiceburg
  • Killeen
  • La Pryor
  • Laredo
  • Laneville
  • Leesburg
  • League City
  • Lewisville
  • Lipscomb
  • Livingston
  • Longview
  • Loop
  • Lubbock
  • Marble Falls
  • Mauriceville
  • McAllen
  • McDade
  • McKinney
  • Mesquite
  • Miami
  • Midland
  • Missouri City
  • New Castle
  • Odessa
  • Old Glory
  • Ozona
  • Pasadena
  • Pearland
  • Pharr
  • Plano
  • Point Comfort
  • Raywood
  • Richardson
  • Round Rock
  • Rosebud
  • Samnorwood
  • San Angelo
  • San Antonio
  • Spring Branch
  • Star
  • Sterling City
  • Sugar Land
  • Sutherland Springs
  • Temple
  • Texhoma
  • Thicket
  • Thornton
  • Throckmorton
  • Tow
  • Tyler
  • Wadsworth
  • Waco
  • Weinert
  • Westbrook
  • Wheeler
  • Whitt
  • Wichita Falls
  • Winfield
  • Wolfforth
  • The Woodlands
  • Zipcodes:

    • 75001
    • 75007
    • 75054
    • 75103
    • 75124
    • 75189
    • 75413
    • 75420
    • 75451
    • 75493
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    • 77954
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    • 77990
    • 78002
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    • 78022
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    • 78104
    • 78111
    • 78624
    • 78644
    • 78652
    • 78667
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    • 79002
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    • 79501
    • 79508
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    • 79549
    • 79567
    • 79731
    • 79756
    • 79901

Our legal partners can file Texas nursing home neglect lawsuits throughout the state. If your area is not listed, call the Nursing Home Abuse Center right now at (855) 264-6310 to see if we can help.

Get Help Filing a Texas Nursing Home Lawsuit

Filing a Texas nursing home abuse lawsuit can be hassle-free with the right team behind you. Attorneys at top law firms are skilled at handling all of the legal work, so you won’t have extra stress.

Our experienced legal partners can help families in all 50 states. Together, they’ve recovered over $280 million for nursing home abuse and neglect, including payouts from Texas nursing home lawsuits.

Call the Nursing Home Abuse Center at (855) 264-6310 right now or get a free case review to see if you qualify to file a Texas nursing home lawsuit.

Texas Nursing Home Lawsuit FAQs

What is the average Texas nursing home lawsuit settlement?

Texas nursing home lawsuit settlements vary widely based on factors like the severity of harm, evidence presented, and legal representation.

Settlement amounts can reach hundreds of thousands of dollars.

Seeking advice from an experienced attorney knowledgeable in elder law and nursing home litigation is crucial. They can evaluate your case details and estimate how much you could receive.

Get a free case review right now to see if we can connect you with a top Texas nursing home lawyer.

What rights do nursing home residents have in Texas?

Nursing home residents in Texas have the right to be treated with dignity and respect, manage their finances, and participate in care planning.

They must be protected from physical, mental, and verbal abuse and have the right to choose their health care providers. Residents can file complaints without fear of retaliation, and they are entitled to privacy in communications and visits.

You can contact the Texas Health and Human Services Ombudsman Program for more detailed information.

How do you file a complaint against a nursing facility in Texas?

To file a complaint against a nursing facility in Texas, there are several available options.

You can:

  • File a complaint online at the Texas Health and Human Services (HHS) website
  • Call HHS Complaint and Incident Intake at 1-800-458-9858
  • Contact the Medicaid Fraud Control Unit at 1-800-252-8011 (Medicaid-funded facilities)
  • Reach out to the long-term care ombudsman for guidance

You can also consult with a skilled nursing home abuse lawyer. They may be able to help you get the justice and compensation your family deserves.

Call our team at (855) 264-6310 right now to see if we can connect you with a Texas elder abuse attorney.

Can a nursing home kick out a dementia patient in Texas?

In Texas, nursing homes can discharge or evict residents, including those with dementia, under specific circumstances.

Facilities may remove a resident if they can no longer meet the individual’s care needs or if the resident poses a danger to themselves or others.

However, strict regulations govern this process, such as providing written notice at least 30 days in advance, except in emergencies. This gives the resident and their family time to come up with a new care plan.

Residents and families have the right to appeal these decisions through Texas’ long-term care ombudsman program, which can provide assistance during the process.

For more information or assistance, you can contact Texas Health and Human Services.

Nursing Home Abuse Support Team
Julie Rivers HeadshotReviewed by:Julie Rivers, MBA

Eldercare Advocate & Expert

  • Fact-Checked
  • Editor

Julie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease.

The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.

  1. Attorney General of Texas. (n.d.). How to spot and report elder abuse and neglect. Retrieved September 26, 2024, from https://www.texasattorneygeneral.gov/consumer-protection/seniors-and-elderly/how-spot-and-report-elder-abuse-and-neglect
  2. Texas Department of Family and Protective Services. (2023). APS investigations: Findings. Retrieved September 26, 2024, from https://www.dfps.texas.gov/About_DFPS/Data_Book/Adult_Protective_Services/Investigations/Findings.asp
  3. Texas Health and Human Services. (2024, June 14). HHSC recognizes Elder Abuse Awareness Month. Retrieved September 26, 2024, from https://www.hhs.texas.gov/about/community-engagement/volunteer-hhs/nursing-homes-assisted-living-facilities
  4. Texas Health and Human Services. (n.d.). Nursing homes and assisted living facilities. Retrieved September 26, 2024, from https://www.hhs.texas.gov/about/community-engagement/volunteer-hhs/nursing-homes-assisted-living-facilities
  5. The Texas Secretary of State. (n.d.). Texas Administrative Code. Retrieved September 26, 2024, from https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=203126&p_tloc=&p_ploc=1&pg=2&p_tac=&ti=26&pt=1&ch=554&rl=602
  6. Travis, A. (2023, February 16). ‘Dangerous to be old:’ How can Texas prevent abuse in long-term care facilities? Retrieved September 26, 2024, from https://www.kxan.com/investigations/dangerous-to-be-old-how-can-texas-prevent-abuse-in-long-term-care-facilities/