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.
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.
Nursing Home Death Caused by Medication Errors
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.
Resident Death Caused by Nursing Home Falls
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.
Nursing Home Death Caused by Bed Sores
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.
Nursing Home Death Caused by Infection: MRSA, UTI, Sepsis
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.
Nursing Home Death Caused by Malnutrition and Dehydration
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.
Nursing Home Death Caused By Physical Abuse
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 Death Caused by Sexual Abuse
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.
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.
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.
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.