If you suspect a loved one is being harmed in a nursing home, acting quickly is critical to protect their safety and begin building a potential legal claim. Reporting the abuse is only the first step. Proving what happened requires clear evidence, thorough documentation, and a strategy that connects the facility’s actions to your loved one’s injuries.
Trust our team at Crowe Arnold & Majors. With hundreds of millions of dollars recovered in settlements, our results reflect our commitment to the victims and families we serve. Every case we take is personal. We focus on serious nursing home abuse and wrongful death cases. A Dallas nursing home abuse lawyer can guide your family through reporting abuse, securing critical evidence, and taking decisive legal action to hold the facility accountable.
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.
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How to Report Nursing Home Abuse or Neglect in Texas
Knowing how to report nursing home negligence is the first step toward protecting your loved one and holding the facility accountable for institutional failures.
Reporting to Texas Health and Human Services
You can file a complaint with the Texas Health and Human Services Commission (HHSC). If you believe a licensed facility is violating care standards. HHSC is the state agency responsible for licensing and regulating nursing homes and enforcing compliance with care and safety requirements.
Once a complaint is received, HHSC may investigate by conducting inspections, reviewing records, and interviewing staff and residents to determine whether violations occurred.
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Reporting to Texas Health and Human Services
You can file a complaint with the Texas Health and Human Services Commission (HHSC). If you believe a licensed facility is violating care standards. HHSC is the state agency responsible for licensing and regulating nursing homes and enforcing compliance with care and safety requirements.
Once a complaint is received, HHSC may investigate by conducting inspections, reviewing records, and interviewing staff and residents to determine whether violations occurred.
Filing a Complaint With Adult Protective Services
Texas Adult Protective Services (APS) investigates abuse, neglect, and exploitation of vulnerable adults. If your loved one is in immediate danger, you should contact this agency as soon as possible. APS caseworkers typically conduct in-person visits, assess the individual’s safety, and coordinate with medical providers or law enforcement when necessary.
They may also arrange protective services or interventions to reduce the risk of further harm. However, APS investigations focus on protecting the individual’s safety, not holding facilities accountable or securing compensation for victims.
Information to Include In Your Report
When reporting nursing home abuse in Texas, helpful details include:
- The resident’s name and condition
- The facility’s name and location
- Specific incident details (dates, times, and staff involved)
- Photos or documentation, if available
- Names of witnesses
Providing detailed information can help investigators assess the situation and may support efforts to hold the facility accountable.
What Happens After a Complaint is Filed
If HHSC identifies violations, it may issue deficiency citations, require corrective action, impose fines, or, in serious cases, suspend admissions or revoke the facility’s license.
If Adult Protective Services (APS) substantiates abuse or neglect, it may implement protective measures for the resident and coordinate with law enforcement or other agencies as needed.
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What Must Be Proven in a Nursing Home Abuse Lawsuit?
Filing a nursing home abuse lawsuit in Texas requires more than suspicion. You must prove systemic failures, not just isolated caregiver errors, caused significant harm. The burden is on the plaintiff and their legal team to establish the following four elements of negligence:
- The nursing home owed the resident a duty of care under applicable standards and regulations.
- The facility breached that duty by failing to meet the applicable standard of care (e.g., through neglect, inadequate staffing, or unsafe practices).
- The breach was a proximate cause of the resident’s injury or decline.
- The resident suffered actual damages, including physical, emotional, or financial harm.
Key Evidence in Nursing Home Abuse Cases
Certain types of evidence are especially important in nursing home abuse cases, particularly those involving serious injury or death. Preserving this evidence early is critical, as conditions can change and records may be altered or lost over time.
- Medical and care records – These records may reveal delayed treatment, medication errors, or declines in condition.
- Photographs of injuries and conditions – Images of bedsores, bruises, cuts, or unsafe living environments can document harm and neglect.
- Staffing and incident records – These documents can show patterns of understaffing or repeated care failures.
- Medication administration records (MARs) – Logs showing what medications were given and when; errors or omissions may indicate neglect or improper care.
- Surveillance footage – Video evidence may capture incidents or gaps in supervision and should be preserved promptly.
- Witness observations – Statements from residents, family members, or staff can help corroborate patterns of neglect or abuse.
- Prior violations and internal records – Inspection reports, past complaints, and internal communications may show ongoing issues or failures to act.
Uncovering this type of negligence often requires experienced legal counsel who can issue subpoenas, secure surveillance footage before it is lost, obtain internal records, and build a case that holds the facility accountable.
Signs Evidence May Be Altered or Withheld
Facilities may alter or withhold records in an effort to limit liability or avoid scrutiny. Red flags can include missing or incomplete medical charts, inconsistent entries in care logs, delays in documenting incidents or care, and changes to records after a complaint or incident. These issues may indicate falsified care records or attempts to conceal neglect or abuse.
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Statute of Limitations for Nursing Home Abuse in Texas
In Texas, the statute of limitations for nursing home abuse is generally two years from the date of injury. However, exceptions may apply in certain circumstances, including cases involving delayed discovery of harm or ongoing neglect.
If abuse leads to death, a wrongful death claim must typically be filed within two years from the date of death, not the initial injury. Texas law also limits who can bring this claim to certain family members, including spouses, children, and parents.
Delaying action can weaken your case. Evidence may be lost, memories fade, and critical records can become more difficult to obtain.
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Holding Nursing Homes Accountable in Serious Abuse Cases
In serious nursing home abuse and wrongful death cases, early legal intervention is critical. Facilities and their insurers act quickly to limit exposure and shape the narrative. Acting decisively positions your family to do the same.
At Crowe Arnold & Majors, LLP, we take a strategic, evidence-driven approach to these cases. Our team works to uncover what happened, secure critical records and testimony, and build claims supported by medical and industry experts. Whether through negotiation or trial, we pursue full accountability for the harm caused.
With a proven history of results in high-stakes injury and wrongful death cases, we are prepared to take on complex nursing home claims and see them through.
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Schedule a Free Case Review Today with Crowe Arnold & Majors
If your loved one has suffered serious harm, our team can move quickly to evaluate the facts, preserve critical evidence, and take action to hold the facility accountable. Contact us to schedule a free case review with a Dallas nursing home abuse lawyer today. Our law firm charges no fees unless we win your case.
Speak with a Qualified Dallas Nursing Home Neglect Attorney
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.
If you’re concerned that your loved one is experiencing neglect or abandonment in a nursing home setting, substantial compensation may be available. Provided you have ruled out any immediate danger to your loved one’s health, we highly recommend contacting Crowe Arnold & Majors, LLP at your earliest convenience. Let our dedicated team of Dallas personal injury lawyers help you find the answers you seek today. Call (214) 231-0555 for more information.
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