If you’ve discovered that a loved one was abused or neglected in a Texas nursing home, reporting your concerns is an important first step. However, it won’t lead to financial compensation because regulatory investigations focus on compliance.
Filing a complaint with the Texas Health and Human Services Commission (HHSC) is separate from pursuing a civil lawsuit. To recover damages, you must take legal action and prove negligence in a civil case.
Oue attorneys at Crowe Arnold & Majors, LLP, have spent decades helping families impacted by institutional abuse and neglect. In this blog, we explain why legal action matters and what to expect if you file a nursing home lawsuit.
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Regulatory Investigations Focus on Compliance, Not Compensation
When you file a complaint with the HHSC or Adult Protective Services (APS), investigators look at whether the nursing home violated state or federal standards. They can issue citations, require corrective action, or impose fines.
However, these agencies cannot award money to your family. They have no authority to order the facility to pay for your loved ones:
- Medical expenses (past and future)
- Pain and suffering
- Mental anguish / emotional distress
- Loss of dignity and reduced quality of life
- Costs of rehabilitation, therapy, or long-term care
- Out-of-pocket expenses related to the abuse or neglect
- Wrongful death and survival damages (in fatal cases).
For financial compensation, you need to file a separate civil lawsuit. The two processes can, and often should, take place at the same time. In fact, findings from a state investigation can actually support your civil claim.
However, waiting for the outcome of a regulatory complaint before considering legal action is risky. That’s because Texas imposes strict deadlines on personal injury claims, so waiting to act can mean losing your right to compensation entirely.
What You Must Prove in a Civil Case to Recover Compensation
A successful Texas nursing home abuse claim requires proving the four elements of negligence.
1. Duty of Care
Nursing homes have a legal duty to provide residents with reasonable care and to protect them from harm. This duty arises from the relationship between the facility and the resident, as well as state and federal regulations governing nursing home care.
2. Breach of Duty
A breach occurs when a nursing home fails to meet the applicable standard of care, such as by:
- Understaffing or inadequate supervision
- Ignoring or improperly addressing medical needs
- Failing to implement fall prevention measures
- Failing to prevent, detect, or respond to abuse
3. Causation
You must show that the facility’s negligence directly caused your loved one’s injury. This can be challenging for elderly residents with pre-existing conditions, making medical evidence critical.
4. Damages
Your loved one must have suffered actual, compensable harm, such as medical expenses, pain and suffering, or mental anguish.
As noted in fatal cases, damages may be recovered through wrongful death and survival claims. Wrongful death damages compensate surviving family members for losses such as mental anguish, loss of companionship, and funeral expenses. Survival claims may include the decedent’s medical expenses and pain and suffering before death.
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What You Need to Know About Texas Law
Texas follows a modified comparative negligence rule, meaning a nursing home may argue your loved one shares some responsibility for their injuries.
For example, facilities may claim a resident refused care, did not follow medical advice, or attempted to move without assistance. These arguments are often disputed, especially when the resident has cognitive impairments or requires supervision, as nursing homes are responsible for preventing foreseeable harm. Even so, if a court finds the victim 50% or less at fault, any compensation is reduced by that percentage.
There is also a two-year statute of limitations for most nursing home abuse claims in Texas. Missing this deadline can result in losing your right to pursue compensation entirely, making timely legal action critical.
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Why You Need a Nursing Home Abuse Attorney
Nursing homes and their insurers have legal teams focused on defending claims and limiting liability. To pursue compensation effectively, you need a legal team that knows how to counter their defenses, gather the right evidence, and build a solid case.
This evidence can include:
- Medical records documenting injuries, treatment, or changes in condition
- Staffing records, care logs, and incident reports
- Photographs of injuries or unsafe conditions
- Findings from state regulatory investigations
- Witness statements from residents, family members, or staff
Crowe Arnold & Majors brings more than 65 years of combined experience to nursing home abuse cases across Texas. We handle the investigation, work with medical experts, negotiate with insurers, and fight for your family in and out of the courtroom.
Our case results include a $3 million nursing home abuse verdict and hundreds of millions recovered for injured clients overall. We believe finances should never be a barrier to justice. That’s why we work on a contingency basis. You pay nothing unless we win your case.
Schedule a Free Legal Consultation Today
Reporting abuse is critical, but it won’t hold a nursing home accountable for your losses. Taking legal action is how families pursue real justice. If you suspect a nursing home’s negligence caused harm to a family member, you may have the right to pursue compensation through a civil lawsuit. If you have questions about how to report nursing home abuse in Texas or are considering a lawsuit, help is available. Contact us to schedule a free, no-obligation consultation.
