San Antonio Nursing Home Wrongful Death Attorney

Did you know that the average elderly person only stays in a nursing home for just over a year before their death? In many cases, it can be difficult to determine if these deaths happen naturally or as a result of elder abuse. If you suspect that your loved one’s death may have occurred due to abuse or neglect, it’s crucial to call a San Antonio nursing home death lawyer at Janicek Law. We can investigate your claim and help you file a wrongful death lawsuit so that you can recover financial compensation for medical bills, funeral expenses, pain and suffering, and more.

Our San Antonio nursing home abuse lawyers will hold nursing homes accountable for the abuse and neglect inflicted on their vulnerable residents. Call 210-366-4949 to start an attorney client relationship with us today. Our law firm offers a free legal consultation to all new clients.

San Antonio nursing home death lawyer

What is Wrongful Death in a Nursing Home in Bexar County?

Death is just something that happens among nursing home residents. Elderly people enter assisted living facilities because they struggle to care for themselves and they often spend the rest of their lives there. But maybe a nursing home resident dies after several months of recurrent urinary tract infections and a bout of sepsis, and you ask yourself: did nursing home neglect or abuse contribute to this death?

Nursing home wrongful death occurs when a resident dies due to the negligent actions or inactions of nursing home employees. To be more specific, Texas law defines wrongful death as a death that’s caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.”

Nursing home wrongful deaths are generally the result of nursing home abuse or neglect. Because of how prevalent nursing home abuse and neglect are in the U.S. (largely due to poor training and short-staffing in San Antonio nursing homes), it’s very possible for many nursing home patients to have a shorter life expectancy in their assisted living facility.

What is the Average Stay in a Nursing Home Before Death in Texas?

The median nursing home stay before death in the United States is about 5 months, while the average is roughly 13.7 months. Over half of residents die within six months of admission. Men typically remain for a median of 3 months, whereas women have a median stay of about 8 months.

Common Causes of Wrongful Death in San Antonio Nursing Homes

Listed below are the most common causes of death due to nursing home negligence in San Antonio and throughout Bexar County.

Medication errors in San Antonio fall under the large legal umbrella of medical malpractice. The medication error rate in nursing facilities must stay below 5%. If it gets higher than that, a nursing facility can receive a health citation on its federal inspection. Still, 5% leaves plenty of room for potentially deadly medication errors. Common types of medication mistakes include giving the wrong medication to a patient, giving the wrong dose to a patient, failing to follow medication instructions, etc.

As we age, we naturally become more fragile and less agile. Additionally, our vision may get worse. All of these factors increase the risk of tripping, falling, and suffering major injuries such as traumatic brain injuries and spinal cord injuries. It’s the job of nursing staff to constantly monitor their patients and help them move around safely. If nursing home abuse and neglect is occurring, it’s possible for elderly residents to fall and suffer fatal injuries.

Contact a San Antonio nursing home falls lawyer to learn more.

Another common result of nursing home abuse and neglect that can easily lead to wrongful death is bedsores or pressure ulcers. Bed sores happen when nursing home staff members fail to help immobile residents change positions in their beds or chairs every few hours. Long-term pressure on a specific part of the body can cut off the blood supply to the skin, which can result in a large, gaping wound.

There are 4 stages of bedsores, with stage 1 being very minor and stage 4 being severe and life-threatening. Stage 1 or 2 pressure ulcers aren’t always preventable, especially if the patient is bed bound, but stage 3 and 4 pressure ulcers are completely preventable and should never happen.

Nursing home facilities must take care of bedsores immediately, before they turn into large open wounds, because the risk of a fatal infection goes through the roof. If nursing home neglect and abuse is already occurring, it would be very easy for a patient with a stage 4 bedsore to contract a MRSA infection

(or a similar infection) and die from it.

Contact a San Antonio nursing home bedsore attorney to learn more.

Not only can infected bed sores lead to nursing home wrongful death, but so can a variety of other infections.

Recent evidence shows that urinary tract infections (UTIs) remain the most prevalent, often necessitating antibiotic treatment, even amid concerns about overuse. Respiratory tract infections, such as pneumonia, rank a close second in frequency among residents.

Other commonly identified infections in nursing homes include skin and soft tissue infections, especially infected pressure ulcers, as well as gastrointestinal issues. Together, UTIs, respiratory infections, and skin/soft tissue infections account for approximately 75% of documented infections in nursing home residents.

This is especially the case if neglect or abuse caused the infection (through poor hygiene in Bexar County nursing homes ). Also, if the nursing home failed to quickly diagnose and treat the infection, which led to sepsis and/or death, they could face a nursing home lawsuit.

Drug-resistant bacteria like MRSA can develop from these wounds, and a San Antonio MRSA lawyer can help pursue claims when these infections result from negligence. Severe infections can also lead to sepsis, a life-threatening condition that can cause organ failure and death. Families may work with a San Antonio nursing home sepsis attorney to seek accountability when poor care leads to fatal outcomes.

Malnutrition and dehydration remain serious and widespread issues in U.S. nursing homes. According to a 2025 study, approximately 19% of residents were malnourished, while 33% were dehydrated. These conditions are often overlooked and can exacerbate health problems like pressure ulcers, infections, and falls. Early identification and intervention are critical to protecting vulnerable residents.

Malnutrition and dehydration are incredibly dangerous for anyone, but they’re especially dangerous for the average nursing home resident. To maintain a healthy body and immune system, you need to provide your body with the proper fuel. This means a minimum of 2,000 calories per day, with a balanced intake of protein, fat, and carbohydrates. Additionally, micronutrient-dense foods, such as fruits and vegetables, are crucial for a healthy body. Without the proper fuel, elderly people in nursing homes can endure a slow, painful death.

Physical abuse in nursing homes can directly lead to the wrongful death of a resident. Families who have lost a loved one to fatal injuries such as severe bruising, broken bones, or internal trauma caused by staff or other residents have the right to demand accountability. A San Antonio nursing home wrongful death lawyer can investigate the circumstances of the death, uncover evidence of abuse, and pursue a wrongful death claim to secure justice for the resident and their family.

Nursing home deaths caused by sexual abuse are among the most devastating and egregious forms of elder mistreatment. In some cases, the physical trauma from an assault, combined with the victim’s frail health, can lead to fatal injuries or severe medical complications such as infections, sepsis, or psychological distress that accelerates decline.

Families who suspect their loved one’s death was the result of sexual abuse deserve a thorough investigation and legal action against those responsible. San Antonio nursing home death attorneys can gather evidence, work with medical experts, and file a wrongful death claim to hold the facility and perpetrators fully accountable.

Contact a San Antonio nursing home sexual abuse lawyer to learn more.

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Can I Sue for Nursing Home Wrongful Death in Bexar County?

Yes, you certainly have grounds to file a wrongful death claim, especially if you can prove that your elderly loved one died as a result of not receiving proper care. Our San Antonio nursing home death lawyers have what it takes to handle all sorts of nursing home wrongful death cases, especially those caused by intentional harm (such as physical abuse) or poor nursing home care.

Nursing homes have a duty to keep their elderly residents safe, healthy, and happy. Unfortunately, many residents aren’t safe, healthy, or happy in their assisted living facilities, and these facilities should be held responsible for that. This is especially the case if the neglect and abuse are severe enough to lead to a nursing home wrongful death.

If you’re still unsure whether or not you have a strong claim, call San Antonio wrongful death attorneys at Janicek Law. We have decades of combined experience in handling wrongful death claims. If you schedule a free legal case review with us, we can tell you if your nursing home wrongful death lawsuit is worth pursuing.

Proving Fault in a Wrongful Death Nursing Home Lawsuit

In order to have a strong nursing home wrongful death lawsuit, you must be able to prove the 4 D’s of negligence:

  • Duty of Care: Nursing homes have a duty to keep their elderly residents safe, healthy, and happy.
  • Duty Dereliction: The nursing home breached this duty of care by abusing and/or neglecting its residents.
  • Direct Cause: The abuse and neglect directly caused the nursing home wrongful death.
  • Damages: The loved ones left behind suffered a variety of damages due to the wrongful death for which they should receive financial compensation.

A San Antonio nursing home death lawyer can help you gather sufficient evidence to prove these elements of negligence. Important pieces of evidence may include medical records, autopsy reports, witness statements, and security camera footage.

Our experienced legal team has been successfully proving negligence in nursing home abuse cases for decades. We know how hard a facility may try to hide a nursing home wrongful death case in order to avoid a lawsuit. Still, we have what it takes to uncover the truth and fight for the justice of your deceased loved one. Schedule a free case review with Janicek Law today, and we’ll get going on your wrongful death case.

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Who Can File a Nursing Home Wrongful Death Lawsuit in Texas?

If your elderly loved one lost their life to nursing home abuse and neglect, you may be wondering: who can file a wrongful death lawsuit in Texas?

Surviving family members and life partners of the deceased elderly person can file wrongful death lawsuits. Additionally, any loved one who was financially harmed by the death can file a nursing home wrongful death lawsuit. For example, if a family member, will executor, or a civil partner suffered a major financial loss from the nursing home wrongful death, they could certainly pursue legal action.

Possible Liable Parties Bexar County Nursing Home Wrongful Death Claims

Another important aspect of nursing home wrongful death lawsuits is determining who is at fault. A wide variety of parties can be held liable in a wrongful death nursing home lawsuit, including:

  • Nursing home staff members
  • Nursing home administrators
  • Doctors, pharmacists, or physical therapists
  • Third-party caregivers
  • Other nursing home residents

When you hire a San Antonio nursing home death lawyer to investigate your case, we will determine who should be held liable for your loved one’s passing.

Damages for Wrongful Death in a Nursing Home

Family members who file a wrongful death lawsuit may be able to recover financial compensation for the following types of damages:

  • Unpaid medical bills
  • Lost wages of the grieving family members
  • Physical pain and suffering of the deceased person
  • Emotional distress of the grieving family members
  • Burial and funeral costs

Survival Action vs Wrongful Death of Nursing Home Residents in San Antonio

Survival action vs wrongful death in Texas refers to two separate legal claims that can arise after a nursing home resident’s death.

A survival action allows the estate to pursue damages the resident could have claimed if they had lived, such as pain, suffering, and medical expenses before death. A wrongful death claim, on the other hand, compensates surviving family members for their own losses, such as loss of companionship and financial support. In San Antonio nursing home death cases, both claims can be filed together to seek full accountability for negligent or abusive care that caused the resident’s death.

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Contact a San Antonio Nursing Home Death Lawyer For a Free Consultation

If you believe that your elderly loved one died due to abuse and neglect in their nursing home, then you may have grounds to pursue legal action through a nursing home wrongful death lawsuit. Our San Antonio elder abuse attorneys have extensive knowledge and experience when it comes to litigating wrongful death lawsuits. We will investigate your claim, protect your rights, walk you through the legal process, and obtain justice for your deceased loved one. Call Janicek Law today at 210-366-4949 to schedule a free consultation.

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Natasha Garza
31 August 2026
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We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
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Alex McWhirter
18 August 2026
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We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
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Heidi Soto
8 August 2026
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Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
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Lucy
30 July 2026
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I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
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Iris Contreras
16 July 2026
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I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️
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Destiny Sanchez
14 July 2026
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My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!
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Virginia-Ann Bernal
8 July 2026
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After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal, Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect. Cassidy and Karen were absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier. The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process. I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!
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Corey Sil
29 June 2026
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Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas
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Jasub Baez
22 June 2026
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Good lawyers .
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Aldo Salinas
10 June 2026
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I highly recommend the team at Janicek Law. From the very beginning, they provided outstanding legal service that was both professional and deeply compassionate. The entire staff is incredibly knowledgeable, and they made a complex process feel manageable and stress-free. It’s rare to find a firm that combines such high-level legal expertise with a genuinely friendly, client-focused approach. I am very grateful for their support and would choose them again without hesitation.
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