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
Bedsores and Pressure Ulcers
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.
Nursing Home Falls, Elopement, and Preventable Injuries
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.
Physical Abuse
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.
Nursing Home Sexual Abuse
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.
Medical Neglect
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.
Medication Errors
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.
Negligent Infection Prevention
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.
Malnutrition, Dehydration, and Food-Related Accidents
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 Failure to Adhere to Healthcare Directives
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.
Wrongful Death
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.
Nursing Home Financial Abuse
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
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.
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
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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.
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:
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.
Experience Negotiating with Long-Term Care and Nursing Home Insurance Companies
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.
Assistance Relocating Victims to a New Nursing Home
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.
- The resident’s safety is the first step. If urgent, arrange transfer and call 1-800-252-5400.
- Federal law requires 30-day discharge notices (unless emergent).
- Texas rules require the notice to include the reason, date, location, appeal rights, and Texas Ombudsman information (1-800-252-2412)
- Ask about Texas bed-hold rights if the resident is hospitalized or temporarily moved.
- Gather healthcare records, prescription lists, and treatment plans.
- Use Medicare’s Care Compare and the Texas HHS inspection database to research new facilities before moving.
- Work with the new facility to coordinate safe transport, physician orders, and admission assessments.
- Watch for signs of relocation stress syndrome, like confusion, depression, or withdrawal.
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
What is Considered Elder Abuse in Texas?
Under Texas law, elder abuse includes physical abuse and neglect, emotional abuse, sexual abuse, and financial abuse.
Who Regulates Nursing Homes in Texas?
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).
What Age is Considered Elderly in Texas?
Texas law defines “elderly person” as 65 or older.
Are You Legally Responsible for Your Elderly Parents in Texas?
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.
Are Cameras Allowed in Texas Nursing Homes?
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.