In Texas, you can file a lawsuit for a nursing home-related death to seek justice when a loved one dies due to neglect or abuse in a care facility. This type of wrongful death claim arises when a nursing home fails to meet basic care standards, leading to fatal consequences such as medication errors, preventable falls, or severe malnutrition. A wrongful death lawsuit aims to secure compensation for damages like medical expenses, funeral costs, and the loss of companionship while also promoting higher care standards within nursing facilities.
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In Texas, the next of kin, including children, parents, and spouses, are typically entitled to file a wrongful death claim against a nursing home. If these parties do not take legal action, the executor of the deceased person’s estate may do so. Our team of wrongful death attorneys in Dallas, TX, at Crowe Arnold & Majors, can help you navigate the legal process, gather necessary evidence, and effectively hold negligent nursing homes accountable for deaths.
When a Nursing Home Death May Be Considered Wrongful
Not every death in a nursing home is wrongful. Many residents are elderly or medically fragile. But a death may raise legal concerns when it follows preventable harm, not a natural end-of-life process.
A nursing home wrongful death lawsuit may be possible when neglect or abuse contributes to a resident’s death. Texas law focuses on whether the facility failed to provide reasonable care and whether that failure played a role in their passing.
Signs that nursing home neglect may have contributed to a wrongful death include:
- Untreated infections, dehydration, or malnutrition
- Falls with head injuries that were not properly reported
- Bedsores that progressed to sepsis
- Medication errors or missed doses
- Delayed medical care after obvious distress
Families are often asked to sign incident reports, acknowledge internal findings, or complete other paperwork shortly after a loved one’s death while they are still grieving. Before signing anything, it is important to understand what the documents say and whether they reflect the whole picture. If you have concerns about a facility’s history, checking whether a Dallas nursing home has any violations is a good starting point.
Patterns matter. When a facility has been cited multiple times for the same types of deficiencies, those records can shed light on whether warning signs were missed and whether more decisive action should have been taken sooner.
Who Is Eligible To File A Nursing Home Wrongful Death Claim?
In Texas, as noted, when a nursing home resident dies due to neglect or abuse, the spouse, parents, and children, including legally adopted children, have the right to pursue a wrongful death claim against the facility. If no eligible family member takes legal action within three months of the resident’s passing, the executor or administrator of the deceased’s estate may file the claim instead.
Siblings are not eligible to file a wrongful death lawsuit in Texas. However, if the executor or administrator of the deceased’s estate files a wrongful death claim, any compensation awarded is distributed according to the deceased’s will or, if there is no will, under Texas intestacy laws. In such cases, financially dependent siblings might receive a portion of the compensation through the estate, depending on their status as heirs.
Filing separate lawsuits for the same wrongful death is not permitted under Texas law. Collaborating on a joint claim offers several advantages, including a streamlined legal process and a unified presentation of evidence.
How We Investigate Nursing Home Deaths
A thorough investigation looks beyond the death certificate. At Crowe Arnold & Majors, we conduct a detailed review of the medical records, facility policies, and regulatory history to understand what happened.
Our review often includes:
- Staffing schedules, staff-to-resident ratios, and training records
- Complete medical records and individualized care plans
- Internal incident and accident reports
- State inspection reports and prior regulatory citations
- Statements from staff, residents, and family members
We also analyze the sequence of events. Did a medication change precede a decline? Were warning signs documented but not addressed? Was emergency care delayed?
Families often ask what they can do right away. One critical step is to preserve evidence after a nursing home death. Photographs, written notes, and communications with the facility can all become meaningful later. Gathering these details early on can help prevent gaps that are hard to fix later.
Jury verdict after trial involving allegations of nursing home abuse and neglect, in which victim suffered sepsis and severe malnutrition and dehydration. (Oklahoma)
Settlement involving nursing home fall.
Settlement involving nursing home bed sore and infection death.
The Legal Process for Filing a Wrongful Lawsuit Against a Nursing Home
Filing a wrongful death lawsuit for a nursing home-related death is a civil matter, distinct from criminal cases; a civil lawsuit focuses on seeking compensation for surviving family members.
Filing a wrongful death lawsuit against a nursing home in Texas involves several critical steps to hold the facility accountable for negligence or abuse leading to a resident’s death. Here’s an overview of the process:
- Consult an Experienced Attorney: We are experienced in handling the convoluted legal system surrounding Texas nursing home litigation. We can help you traverse the obstacles people often encounter during the claims process so your family can get the compensation they deserve.
- Investigation and Evidence Collection: We will conduct a thorough investigation, collecting medical records, incident reports, witness statements, and other pertinent documents to establish the nursing home’s liability. This step is crucial for building a strong case.
- Filing the Lawsuit: Once sufficient evidence is gathered, your attorney will file a wrongful death lawsuit in the appropriate Texas court. The lawsuit must be filed within the state’s statute of limitations, typically two years from the date of death.
- Discovery Process: Both parties exchange information through depositions, interrogatories, and document requests. This phase allows each side to assess the other’s evidence and arguments.
- Settlement Negotiations or Trial: Many wrongful death cases are resolved through settlements before reaching trial. If a fair settlement cannot be reached, the case proceeds to trial, where a judge or jury will determine the outcome.
Throughout this process, our team will advocate on your behalf, aiming to secure compensation for damages such as medical expenses, funeral costs, and loss of companionship.
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Common Causes of Nursing Home Wrongful Death
Wrongful death cases in nursing homes often stem from preventable neglect and substandard care, which include the following:
- Medication Errors or Improper Administration. Mistakes in prescribing, dispensing, or administering medications can have fatal consequences for residents. This includes overdosing, ignoring adverse drug interactions, failing to administer necessary medications, or giving medication to the wrong resident.
- Bedsores (Pressure Ulcers) Due to Neglect. Bedsores, or pressure ulcers, develop when a resident is left in one position for too long without being repositioned. If left untreated, these sores can become infected, leading to sepsis, gangrene, and other life-threatening conditions.
- Falls Resulting from Inadequate Supervision. Many elderly nursing home residents are at high risk of falling, particularly if they suffer from mobility issues, balance disorders, or cognitive impairments. Falls can lead to broken hips, head trauma, and internal bleeding, with potentially fatal complications.
- Malnutrition or Dehydration. A lack of proper nutrition or hydration can significantly weaken a resident’s immune system and overall health, leading to organ failure, infections, and an increased risk of fatal complications.
Finally, some nursing home deaths result from intentional abuse, including hitting, pushing, or excessive restraint.
Types of Compensation in Nursing Home Wrongful Death Cases
When a nursing home death is linked to neglect or abuse, Texas law may allow two related types of claims: a wrongful death claim and a survival action. In practice, these claims are often brought together because they address different harms caused by the same loss.
A wrongful death claim seeks compensation for the losses suffered by surviving family members. Depending on the circumstances, this may include:
- Loss of companionship and society
- Mental anguish
- Loss of financial support and household services
- Loss of inheritance, when applicable
A Survival Action
A survival action is brought on behalf of the resident’s estate. It allows recovery for damages the resident could have pursued had they survived, which may include:
- Medical expenses related to the final injury or illness
- Conscious pain and suffering experienced before death
- Other damages resulting from the facility’s negligence
In cases involving gross negligence or intentional misconduct, Texas law may also allow punitive (exemplary) damages intended to penalize the facility and deter similar conduct. Certain categories of damages may be subject to statutory limits.
Every Case Is Different
Every case is different. The compensation available depends on the evidence, the circumstances surrounding the death, and the impact on both the surviving family and the resident’s estate. Our role is to explain how Texas law applies to your situation and what recovery may be realistic.
At Crowe Arnold & Majors, injury cases are handled on a contingency fee basis. That means no fee unless we recover compensation for you. We believe families dealing with grief shouldn’t have to worry about upfront legal costs.
Evidence Needed to Prove Liability in a Texas Nursing Home Wrongful Death Case
To hold a nursing home accountable for the wrongful death of a loved one in Texas, strong evidence is required to establish negligence or misconduct. Below are key types of evidence that can support a claim:
- Medical Records – Document your family member’s condition, treatments, and any signs of neglect, such as untreated infections, malnutrition, or bedsores.
- Incident Reports – Nursing homes are required to document injuries and major health events; these reports can reveal negligence.
- Witness Testimony – Statements from staff, residents, and visitors can provide firsthand accounts of poor care, abuse, or unsanitary conditions.
- Surveillance Footage – If available, video recordings may show abuse, neglect, or staff failing to respond to emergencies.
- Expert Testimony – Medical professionals, forensic experts, or elder care specialists can testify on how the facility’s actions contributed to the resident’s death.
- Staffing and Training Records – Evidence of understaffing, lack of training, or past violations can help prove a pattern of neglect.
- Autopsy and Death Certificate – Medical examiners’ findings can confirm the cause of death and link it to nursing home negligence.
Serving Dallas and Surrounding Communities
Crowe Arnold & Majors represents families throughout Dallas, the greater Dallas–Fort Worth area, and North Texas. We routinely handle cases involving local facilities as well as nursing homes operated by regional and out-of-state management companies.
With more than 65 years of combined experience, our attorneys have handled complex nursing home neglect and abuse cases, including those involving fatal outcomes. We understand the regulatory framework governing Texas facilities and the documentation that becomes critical after a resident’s death.
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Hold Negligent Nursing Homes Accountable
If you suspect neglect played a role in your loved one’s death, a conversation with our team can help clarify your options. Even if you’re unsure whether a claim exists, learning the facts can bring peace of mind.
Get the support you need after a nursing home loss. Prompt action matters, and we’re here to help you take the next step when you’re ready. Contact Crowe Arnold & Majors today for a free consultation.
John W. Arnold,
Partner, Trial and Appellate Attorney
With over 25 years of experience, John is a seasoned trial and appellate attorney known for delivering results.
David W. Crowe
Partner, Personal Injury
For more than 30 years, David has been a powerful advocate and fighting for individuals harmed by negligence and abuse.
D.G. Majors
Trial Attorney, Personal Injury and Product Liability
D.G. is a trial lawyer with a strong track record of results in personal injury, product liability, and commercial litigation.
Our Dallas Location
6550 Bank of America Plaza
901 Main St.
P: 214-231-0555
