Texas Nursing Home Abuse Lawyer

• Texas nursing homes average 3.42 nursing hours per resident per day, compared with 3.90 nationally. Only Missouri ranked lower among the states, based on our analysis of the October 2026 CMS nursing home data.
• Nearly one in four Texas nursing homes has a one-star overall rating. That is 288 of 1,166 rated homes, or 24.7%, compared with 18.9% nationally, in the same CMS data.
• HHSC received 26,357 complaints and incident reports about Texas nursing facilities in fiscal year 2025. These are reports, not confirmed findings, according to the HHSC Regulatory Services annual report.
• The 2024 federal minimum staffing rule never took effect. A federal court in Amarillo vacated it, and CMS repealed it effective February 2, 2026, according to the Federal Register.

Under Health and Safety Code § 260A.002, any person who has cause to believe a resident has been abused, neglected or exploited must report it immediately. That includes family members and visitors, not just staff. Knowingly failing to report is a Class A misdemeanor.

How to Report It

• Call HHSC at 1-800-458-9858. Agents answer weekdays from 7 a.m. to 7 p.m. The online complaint portal is open 24/7, according to HHSC.
• Call 911 if a resident is in danger or may be the victim of a crime.
• Call the Long-Term Care Ombudsman at 800-252-2412 for a free advocate who works for residents, not the facility.

Federal rules require the nursing home itself to report abuse to the state within 2 hours, under 42 CFR § 483.12. Ask the facility whether it filed that report.

Most claims against nursing homes fall under the Texas Medical Liability Act, which lists nursing homes as health care institutions. That law sets strict rules:

• Notice before suit. Written notice must be sent at least 60 days before filing.
• Expert report. An expert report must be served within 120 days after the facility answers, or the case can be dismissed, under § 74.351.
• Damage caps. Noneconomic damages against a single facility are capped at $250,000 per claimant. In death cases, the cap does not apply to medical and custodial care expenses.
• Two-year deadline. Most claims must be filed within two years, and the rule applies even when the resident has dementia.

State inspection findings usually cannot be used as evidence in a civil case under § 242.017. That is why we build proof from medical records, staffing payroll data, care plans and witnesses.

We represent families across Texas. See our nursing home abuse pages for Houston, Dallas, Austin, San Antonio, McAllen, Laredo, Harlingen and Brownsville. We also handle bedsore and wrongful death claims.

Call 956-982-1800. You pay nothing unless we win.