San Antonio Nursing Home Abuse Attorney

The San Antonio nursing home abuse attorney team at Janicek Law provides skilled representation for various types of elder abuse throughout Bexar County. With three decades of experience and board certifications in Texas personal injury law, our nursing home abuse lawyers have fought for countless nursing home residents and their relatives, seeking justice and compensation. If your elderly loved one is experiencing nursing home neglect or abuse, a nursing home neglect attorney from our law firm can guide you through the legal process of holding the company responsible.

If you’re a family member who suspects your elderly loved one is being neglected or abused in an elder care facility, contact a San Antonio nursing home negligence lawyer by calling 210-366-4949 or using our contact form for a free consultation. We handle nursing home abuse cases on a contingency fee basis, so you don’t pay anything unless we recover fair settlements or court awards.

San Antonio Nursing Home Neglect Lawyer Team Serving Bexar County

Our San Antonio nursing home abuse and neglect attorneys understand that relatives struggle when loved ones sustain personal injuries, mental abuse, or are killed by abuse or neglect. We listen carefully, answer questions, and treat every matter with the respect it deserves. We understand that circumstances and injuries vary at different times.

If you’re afraid to take legal action, it’s important to know that your loved one is entitled to a safe living space. Nursing home abuse and neglect claims don’t always end in trials. In fact, many claims settle.

Our nursing home neglect and abuse attorneys put in the effort to win in courtrooms. We prepare diligently and rely on evidence to obtain compensation and achieve justice for clients.

Whether you decide to hire an attorney now or just want to talk through concerns, we regularly help resolve cases and are dedicated to protecting aging loved ones. When you start working with us, you can expect that we’ll continue until we’ve won or settled your claim.

Types of Bexar Nursing Home Abuse and Neglect Claims We Handle

san antonio nursing home abuse attorney

Bedsores, also called pressure ulcers, develop when nursing home residents are left in one position too long without proper care. In caregiver situations, these are often a sign of nursing home neglect. Staff members should follow pressure ulcer staging guidelines to identify wounds and prevent further harm. Families often question, “Can you sue a nursing home for bed sores in Texas?” The answer is yes. If negligence caused or contributed to your loved ones’ personal injuries, legal action is appropriate. We deliver experienced legal assistance for bedsore claims in San Antonio. Our San Antonio nursing home abuse lawyer group investigates records, evaluates the severity of stage 3 or 4 bed sores, and works to recover compensation on the client’s behalf.

When caregivers don’t pay attention to residents with mobility issues, they try to help themselves and fall. Families can sue San Antonio nursing homes for falls when staff members neglect Texas fall risk assessments and fail to provide basic safety, leading to broken bones, bruises, and repeated hospital visits. Nursing home elopement claims in San Antonio arise when nursing home residents escape, often caused by negligent supervision. This exposes elderly residents to serious injuries or death. Our San Antonio nursing home abuse attorney team conducts thorough investigations to determine whether systematic failures placed the resident at risk. This gives family members grounds to pursue lawsuits for legal liability.

The Texas Health and Human Services Commission reported 243 substantiated physical abuse cases. HHSC says physical abuse can include unexplained injuries, serious bruising, drug misuse, or actions that cause residents pain or harm. Common examples include hitting, slapping, and nursing home restraint injuries in San Antonio. If your loved one has unexplained injuries or staff refuse to let relatives visit, this is cause for concern. Contact a San Antonio nursing home abuse lawyer from our firm. We will take steps to protect your loved one now and file a nursing home abuse lawsuit to ensure the nursing home or assisted living facility is held liable.

Texas nursing home sexual abuse is a prevalent form of mistreatment. Texas law makes it clear that seniors with mental conditions cannot consent to sexual activity. State law requires immediate reporting and corrective action for sexual abusers. If your loved one is showing signs of sexual abuse or was diagnosed with an unexplained STD in a San Antonio nursing home, call 1-800-252-5400 or file a report online through HHSC. Acting quickly not only protects loved ones but also ensures abusers are investigated and held liable. Our nursing home abuse attorneys are experienced in providing representation for nursing home sexual abuse claims in San Antonio at the hands of staff members, other residents, visitors, and others. We seek justice and maximum compensation in these cases.

The most common form of medical neglect is the failure to meet residents’ basic medical needs. Thousands of citations each year are tied to a lack of supervision, missed medical treatments, and delayed care. In many cases, employees fail to even notice health changes. Bedsores, malnutrition, many illnesses, and other issues are preventable with proper care. Common examples include dementia patients developing repeated, unmanaged UTIS, resulting in claims for UTI dementia in San Antonio. The Texas Observer found that a lack of employees leads to the most serious injuries and deaths in state nursing home facilities. In many cases, families discovered elderly loved ones missed medications or had gone days without a nurse’s attention. ProPublica’s Texas nursing home database confirms this severe neglect. If administrators are failing to meet basic responsibilities, call a San Antonio nursing home neglect lawyer to discuss your abuse or neglect claim.

Family members should understand how to recognize medication mistakes quickly. These can cause serious harm, from untreated medical conditions to failure to prevent adverse drug reactions in Texas. The most common example is chemical restraints, where patients are overmedicated for no medical reason. Another risk involves improper administration of IV vitamins in San Antonio nursing homes. Our nursing home abuse attorneys in San Antonio question repeated hospital visits, health declines, and caregivers who can’t explain medication schedules. For pharmaceutical error claims in San Antonio, we request medication administration records (MAR) and investigate whether pharmacists reviewed interactions. We work tirelessly to ensure all liable parties are held responsible.

Texas infection prevention standards require programs for preventing infection and ensuring staff receive annual training. There were numerous citations for failure to maintain programs, train, and monitor for illness. This is important because mishandling MRSA nursing care plans in San Antonio, for instance, can injure many seniors. MRSA requires strict hand hygiene, wound care, and procedures to prevent spreading. When treatment plans aren’t followed, residents develop recurring issues that can progress to sepsis in San Antonio nursing homes. This is a life-threatening medical condition that happens when infections are left without medical treatment. Our San Antonio nursing home neglect attorney group can review care plans, request infection control policies, and investigate inspection reports for evidence of nursing home neglect that places residents at risk.

Seniors suffer rapid weight loss, weakness, and hospitalizations when they aren’t provided food, fluids, or adequate assistance when eating. Additionally, dehydration can lead to UTIs, kidney damage, and falls. Food-related accidents, such as choking, typically happen when staff don’t follow meal plans. If you suspect your loved one is a victim of nursing home neglect or abuse, call an experienced nursing home abuse attorney for nursing home choking accident claims assistance in San Antonio.

Negligent transfers and ignoring directives are serious forms of nursing home negligence. For those with mobility problems, transfers require trained staff, correct equipment, and enough caregivers to move the senior safely. Negligent moves often lead to broken bones, brain injuries, and organ damage. Additionally, in Texas, Do Not Hospitalize orders, DNRs, or doctor-approved care plans are legally binding. Both types of nursing home abuse claims demonstrate a dangerous disregard for nursing home residents’ rights, giving families strong grounds to hold liable parties responsible. Contact a nursing home neglect lawyer in San Antonio for a free consultation to learn more.

When a loved one’s death is caused by abuse or neglect, family members can pursue nursing home lawsuits. Who can sue for wrongful death in Texas? The surviving spouse, children, and parents of the deceased have the first right to file civil cases under Texas law. If these relatives don’t file a claim in 3 months, the estate’s personal representative may generally do so. These cases allow recovery for hospital visits and additional medical expenses, funeral and burial costs, other related expenses, and non-economic damages, like loss of companionship and support. If you need legal help for nursing home wrongful death in San Antonio, call our law firm. Our San Antonio nursing home abuse lawyer team will act quickly to preserve medical records, logs, and other evidence to strengthen the wrongful death case.

Last year, San Antonio police handled 447 cases of elderly financial abuse. This means they’ve lost resources, assets, or money. Seniors are targeted because of the trust they place in others. Out of the hundreds of cases investigated each year, theft, misuse of funds, and property crimes rank among the most common forms. In many cases, family members only realize exploitation occurred after hundreds or thousands of dollars were stolen. This causes immense financial stress for many seniors. For residents living in nursing homes or assisted living facilities, even small incidents of theft can create worry and financial stress. Families may bring civil cases to recover compensation. Our San Antonio nursing home abuse lawyers investigate and ensure responsible parties are held liable. For experienced San Antonio nursing home financial abuse claims assistance, contact our firm for a free consultation.

Emotional abuse and neglect of basic needs can profoundly impact nursing home residents. Mental abuse occurs when staff members use manipulation tactics, like yelling, belittling, taking residents’ photographs or other possessions, or severing communication or time with other resident populations. This leads to anxiety, depression, and limits the elderly’s ability to heal adequately. Examples of neglecting resident needs can include:

  • not providing the correct food and water,
  • leaving patients with mobility problems in bed too long, resulting in pressure sores,
  • not maintaining sanitary living conditions, or
  • abuse that worsens the overall quality of life.

Examples of signs of elder abuse in nursing facilities can include behavior changes, becoming withdrawn, or poor hygiene in Bexar County nursing homes. Addressing mental or emotional abuse requires relative interactions and quickly reporting abusive behavior. Our San Antonio nursing home neglect lawyers help families ensure responsible parties are held liable for such egregious forms of elder abuse.

Warning Signs of Nursing Home Resident Abuse in Bexar County

Relatives should know the warning signs of nursing home abuse and neglect in Bexar County. This occurs before personal injuries happen. Common red flags include unexplained infections or personal injuries, frequent illness or infection, and behavior changes. The most common reason for nursing home abuse and neglect is inadequate nursing home staff in Bexar County. In many cases, this leads to nursing home residents not receiving needed attention, suffering mistreatment, and not having their medical needs met. Nursing home abuse and neglect are often hidden. Our San Antonio nursing home abuse lawyers help loved ones review inspection reports to determine whether they can take legal action.

nursing home abuse lawyer san antonio

Texas Nursing Home Violations and Assisted Living Facility Licensing Requirements

Title 26 of the Texas Administrative Code covers rules for:

  • licensing standards
  • Medicaid certification and beds allowed
  • nurse aid training
  • legal process for dispute resolution
  • contracting information

Under federal Nursing Home Reform requirements:

  • Respect for dignity, privacy, and resident rights
  • Freedom from abuse, neglect, and restraints
  • Comprehensive assessments and individualized care plans
  • Preventive care for falls, infections, and bed sores
  • Adequate staffing and training
  • Safe, clean environment with maintained equipment
  • Accurate prescription management
  • Complete and confidential medical records

For more information, call a nursing home abuse or assisted living abuse attorney in San Antonio.

San Antonio Nursing Home Neglect Attorney Team Helping Families of Bexar County Nursing Home Abuse Victims Take Legal Action

Worst Nursing Homes in San Antonio, TX

Texas Nursing Home Violations and Inspection Reports

Texas HHS nursing facility inspection reports show deficiencies related to resident care, lack of adequate staffing, turnover, and safety. This helps identify patterns of neglect or abuse.

CMS Star Ratings and Quality Measures

CMS assigns Medicare- and Medicaid-certified nursing homes star ratings based on health inspections, staffing, and proper care.

San Antonio nursing home negligence lawyer

List of Worst-Ranked Bexar County Nursing Homes and Assisted Living Facilities

Residents living in care facility chains are at a higher risk. These locations have higher instances of investigations, warnings, violations, and complaints. Locally run or publicly owned care facilities still face problems but tend to provide better care. Here are the violation report findings from 2022 to present:

Facility Name Deficiencies Fines Nurse
Turnover
Medicaid
Suspensions
Southeast Nursing & Rehab60$188,38364.1%
Meridian Care of San Antonio556, total $87,900
Castle Hills Rehab & Care Center5415, total $136,86064.3%
San Antonio North Nursing & Rehab51$60,1002
Sonterra Health Center49$71,6001
Normandy Terrace495, total $281,000
San Antonio Wellness & Rehab482, total $108,000
Parklane West4861.4%
Las Colinas of Westover462, total $38,630
Oak Park45$9,280
Hunters Pond443, total $66,500
Rosewood Rehabilitation443, total $79,1111
Memorial Medical Nursing Center436, total $51,20065.9%
Advanced Rehab & Health Live Oak434, total $32,559
Retama Manor41$433,00070.4%2
The Heights at Medical Center40$22,05270.6%1
Asbury Care Center of Alamo40$56,062
Sorrento39
Wurzback384, total $135,44967.2%1
The Enclave38$10,03963.3%1
Northeast Rehabilitation36
San Pedro Manor364, total $53,9001
Windcrest363, total $256,36765.4%1
Mesa Vista342, total $18,600
Meridian Care Monte Vista34$9,750
The Lev at San Antonio34$173,8231
Atrium Rehabilitation Center333, total $33,43065.7%
River City Care Center332, total $36,600
Harbor Valley Health and Rehab33$14,529
Northgate Health333, total $48,90074%1
San Jose Nursing Center32
Ignite Medical Resort San Antonio32
Windsor Mission Oaks30$10,842
Heritage Nursing & Rehab3060%
Huebner Creek30$14,327
Pecan Valley29$184,000
Stone Oak Care Center29
Highland Nursing Center29
Mission At Blue Skies Texas East29$26,503
Westover Hills283, total $35,8001
Mystic Park272, total $303,000
Buena Vida2774%
Patriot Heights252, total $18,10061.5%
Lakeside Nursing & Rehab24$14,600
Inspiration Hills Rehab Center24
Sarah Roberts French Home23$33,115
Windemere at Westover Hills23$9,750
The Rio at Mission Trails223, total $631,000
Coronado at Stone Oak22
Sunrise Nursing & Rehab Center22$10,03667.5%
Legend Oaks21
Golden Estates Rehab Center212, total $195,996
Silver Creek Manor202, total $46,500
St. Francis Nursing Home19
Juniper Village at Lincoln Heights18$121,976
Morningside Manor18$73,136
Estates at Shavano Park18
Remington Transitional Care17$10,008
Army Residence Community15$8,454
Village at Incarnate Word12
Legend Oaks West S112, total $18,400
The Heights on Huebner11

What to Do If You Suspect Nursing Home Abuse or Neglect in San Antonio, TX

If you suspect nursing home abuse or neglect,

  • Take photographs of injuries, unsanitary conditions, or poor care. Keep copies of medical records, prescription lists, and care plans.
  • File a complaint through the HHSC online portal or call 1-800-458-9858.
  • If you suspect abuse or neglect, you can report it online at the Texas Abuse Hotline or call 1-800-252-5400.
  • Review the facility’s history of violations on the Texas HHS inspection database.
  • Review information through Medicare’s Care Compare tool.
  • If the resident is injured or ill, arrange for prompt evaluation and treatment outside the facility.
  • If harm has occurred, families can explore filing a civil case to hold the facility accountable.

Why Choose a San Antonio Nursing Home Negligence Lawyer From Our Legal Team

Our legal team understands the challenges of filing abuse or neglect claims against Bexar County nursing homes. Our nursing home negligence lawyer group knows how to prove nursing home neglience in Texas. We evidence and work with experts to prove a legal breach of duty.

Insurance companies often try to minimize claims or offer low-ball settlement offers. Our nursing home abuse and neglect attorney group is experienced in negotiating with insurers. Experienced representation helps ensure clients don’t accept unfair settlement offers. Seniors hurt by nursing home abuse or neglect deserve compensation for hospital stays and additional medical expenses, and non-economic damages, like pain and suffering. If your loved one’s death was caused by nursing home abuse or neglect, we’ll seek those damages, as well.

When residents experience abuse or neglect, loved ones are faced with moving them to a new nursing home or assisted living facility. Our San Antonio nursing home neglect attorney group helps clients find new homes and assists with the process of moving their loved ones.

Time Limits for Filing a Nursing Home Abuse Lawsuit

For nursing home abuse and neglect lawsuits in Texas, the time limit is:

  • Two years from the date of injury or death to file nursing home lawsuits under Texas law.
  • For malpractice claims against nursing homes (drug injuries, failure to diagnose or treat, etc), the same two-year time limit applies. Chapter 74 also applies. That means pre-suit notices and expert reports are required.

San Antonio Nursing Home Abuse and Neglect FAQs

nursing home neglect lawyer san antonio

Under Texas law, elder abuse includes physical abuse and neglect, emotional abuse, sexual abuse, and financial abuse.

The Texas Health and Human Services Commission (HHSC) regulates nursing homes in the state. Facilities that accept Medicare or Medicaid are also subject to oversight from the Centers for Medicare & Medicaid Services (CMS).

Texas law defines “elderly person” as 65 or older.

No, children don’t have a legal responsibility to pay for their parents’ care or debts. Liability can arise if children sign a guarantor contract, agree to cover costs, or accept legal guardianship.

Yes. Cameras in Texas nursing homes are allowed. However, loved ones must follow the Texas Authorized Electronic Monitoring in Nursing Homes law. Key points include:

  • Residents and roommates (or representatives) must give written consent.
  • Loved ones must provide notice of intent to install. They cannot refuse, but they can require completed forms.
  • Loved ones pay for the camera, installation, and maintenance. The care facility must give reasonable access to electricity/internet.
  • Tampering with cameras can result in criminal charges.
  • Administrators must post signs at the entrance stating that cameras are in use.
  • Recordings can be used as evidence in court.

Contact a Nursing Home Abuse Lawyer in San Antonio For a Free Consultation

If your loved one has experienced nursing home abuse or neglect, our San Antonio nursing home abuse lawyer team is ready to help you start the legal process of protecting your loved one’s rights. You can speak with us by phone by calling 210-366-4949, visit our office, or send a message through our website form to obtain guidance about your options. Take the first step today to make a lasting difference.

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