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Texas law seeks to protect the rights of nursing home residents. A person living in a nursing home must have access to sanitary facilities. Many of our loved ones in nursing homes need constant medical supervision. Unfortunately, many care facilities are not properly equipped to take care of those in need. Victims are sometimes neglected by those who are supposed to provide professional care. There are also many cases of malicious treatment and neglect that take place in nursing homes.

Contact The Law Giant, Personal Injury & Accident Lawyers if you or a loved one has suffered from nursing home abuse. Our San Antonio personal injury attorneys have helped many families who sustained harm due to the actions of another. Call us today at 210-921-2200, or reach out through our online form to schedule a free case consultation.

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Types Of Abuse in Nursing Homes

There are unfortunately thousands of reported cases of nursing home abuse in Texas every year. Many more cases go unreported. Neglect in nursing homes comes in many different forms. Our loved ones want to trust in their caretakers. However, it’s important to always remain vigilant when you have a family member in an elderly nursing home. Nursing home abuse may start after someone is at the facility for months or years. There are also many cases of both intentional abuse and neglect. It’s important to not hesitate to call a San Antonio nursing home neglect lawyer if you think a loved one may be abused.

There are many different types of nursing home abuse and neglect. Of the many types of neglect we’ve seen, some include:

Bedsores or Bed Rail Injuries

A poorly-maintained bed can injure someone in many ways. Bedsores can result from inadequate care provided to those with mobility issues. Not changing the sheets on your loved one’s bed and not adjusting their position are common causes of these injuries.

Medication Errors

Individuals in nursing care are often taking numerous medications for a variety of medical needs. If these prescription drugs are not properly administered, the resident can become very ill or even die.

Sexual Abuse

There are many different ways that a malicious caretaker can take advantage of someone in need. Unwanted touching, assault, and more are all examples of this type of abuse, and are unfortunately all too common in nursing homes.

Mobility-Related Injuries

Nursing home residents often have difficulty walking or even standing up. If nursing home employees do not monitor your loved one’s movement and ensure they had the walking aids they need, broken bones, joint damage, and unnecessary falls can occur.


Many residents have their property stolen by those who are supposed to care for them. Nursing homes must make sure that their staff does not take advantage of residents.

Improper Use of Medical Devices

A nursing home resident may need the assistance of a variety of medical devices, including IVs, wheelchairs, and other monitoring devices. Individuals can be injured or killed if nursing staff use these machines in a careless or negligent manner.

If you suspect your loved one is suffering from any of these types of abuse, contact a San Antonio nursing home abuse attorney from The Law Giant, Personal Injury & Accident Lawyers for help.

Texas nursing homesrank among the worst in the nation
5 0 %

of nursing home staff admitted to mistreating patients, and two-thirds of incidents involve neglect.

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Signs of Nursing Home Abuse

It’s understandable for you to be concerned if your loved one does not receive the care they deserve. However, it’s often difficult to spot nursing home abuse. These cases commonly catch the victims and their families off-guard. Abuse can come in many different forms. A neglected person can become very ill or die. However, the negligent party may argue that the victim suffered from natural medical causes instead of abuse.

It’s important for victims of nursing home abuse or neglect to speak up if possible. Loved ones of those in nursing care must look out for signs and symptoms of elder abuse. Some of the reasons that nursing home abuse or neglect go unreported include:

  • The victim cannot easily communicate due to physical disability
  • The victim stays quiet due to fear of reprisal
  • The abused person does not want to speak up for fear of being a burden to their loved ones
  • The abused person stays quiet due to loyalty to the nursing home or some of its employees
  • The victim’s incapacitation does not allow them to know that they are being abused

Nursing Home Abuse Statistics

According to the American Association of Retired Persons (AARP), Texas nursing homes provide some of the worst care in the country. In 2014, AARP found Texas nursing homes placed 49th in quality of care and life for residents. This considers both the safety and physical and mental well-being of those placed in long-term nursing care. Staff training and accountability may be the leading problem in many places, including San Antonio. Numerous nursing home employees have recently faced criminal charges in Bexar County and the surrounding areas. One recent incident in San Antonio involves a caretaker facing felony charges for leaving an elderly patient covered in feces for months.

Certain kinds of abuse or neglect are often greatly underreported. Informative statistics regarding nursing home abuse in Texas include:

  • The Texas Health Care Association found that between 2010 and 2014, health care violations in the state’s nursing homes increased by 20 percent. Violations throughout the entire United States decreased during this time.
  • The Texas Department of Aging and Disability found 17,466 nursing home violations throughout the state in 2015. However, limited resources allowed the department to take action on only 40 specific incidents.
  • The Texas Health Care Association has found that Texas nursing homes have over a 90 percent direct care staff turnover rate. Facilities are often understaffed as many employees leave as soon as possible presumably for better-paying jobs.

These statistics are alarming. If you have a loved one in a Texas care facility and are concerned for their well-being, contact the San Antonio nursing home neglect attorneys from our firm right away.

What to do if You Think Your Loved One is Being Abused

It’s often unclear when someone is abused or neglected while in nursing care. You may not want to jump to conclusions since you could be afraid of making a false allegation. However, concerns of abuse must be addressed immediately. Your loved one’s life can be in danger if they are not receiving proper treatment. Every warning sign of nursing home abuse is different. Some of the steps a San Antonio nursing home abuse lawyer may recommend you take if you suspect a loved one may have been abused include:

Document everything.

Take notes of abuse or neglect warning signs. Write down the names of people who are involved in the care of your loved one, and take photographs of their living quarters, general appearance, and more.

Ask questions.

Make sure that you understand the details of your loved one’s care. Ask nursing staff what actions they take to care for your family member, and ask your relative if those steps are taken.

Contact a lawyer.

It’s never too early to call an experienced nursing home abuse lawyer. An experienced lawyer will understand Texas law, and can help determine if there is abuse.

Call the police.

Contact law enforcement if you witness clear abuse or theft. This must be done immediately if you believe your loved one’s safety is in danger.

Communicate with the person receiving care.

Sometimes it can be difficult for a nursing home resident to know that they are neglected or abused by staff. However, maintaining constant communication can help you identify possible abuse. Make sure to ask your loved one how the staff is taking care of them, and how they feel on a regular basis.

The Rights of Nursing Home Residents

Texas Administrative Code Title 40 specifies the rights that nursing home residents have. Every resident of a nursing care facility has the right to have their individuality and dignity be preserved. Furthermore, a nursing home must have a detailed plan to care for each resident. These plans must account for the unique mental, physical, and social needs of each individual. It can be difficult to care for someone with complex health issues. However, nursing homes are entrusted to address these difficult challenges. Neglect or malicious actions are clear instances of abuse.

State law is meant to prevent handicap or elderly abuse in nursing homes. It does this by specifying many details that must be met by caretakers. In addition to not being the victims of physical assault, care for a nursing home resident must include:

  • Proper approach to medical care and medication use
  • Necessary assistance for eating, grooming, and using the bathroom
  • Access to clean bedding and living quarters
  • Adequate diet and hydration
  • Care by properly trained nursing home staff

Many residents of the San Antonio area require nursing care. Health care providers have a very important role in the lives of many disabled and elderly people. We trust them to be both professional and compassionate. There are unfortunately many cases where abuse or neglect can be found in nursing homes. The San Antonio nursing home neglect lawyers at The Law Giant, Personal Injury & Accident Lawyers are ready to fight to ensure your loved one’s rights remain protected while they’re in a care facility. If you’re worried a relative’s rights have been violated, contact us immediately.