report nursing home abuse texas

Nursing Home Abuse in Texas

Table of contents.

First and foremost, Texas has an official website where you can report nursing home abuse . They also have a phone line that can be reached at 800-458-9858 . This applies to nursing homes, assisted living facilities, and health service providers for seniors.

We can, and will, go through the factors that give rise to nursing home abuse (such as high staff turnover, limited amounts of qualified workers, and a poor incentive structure) but we’re going to prioritize the information that will be most valuable to someone that suspects nursing home abuse.

Official Government Sources and Law

Within Texas’s Texas Health and Human Services department lies the department responsible for regulating nursing homes. This was formerly the responsibility of the Texas Department of Aging and Disability Services (DADS) but, as of Sept. 1, 2017, was merged with the Texas Health and Human Services. As a result, DADS is no longer a program within the state.

Perhaps the most important thing to understand is that there are numerous programs paid for by taxpayer money for state residents in need of help. Whether it be help with transportation to medical appointments or even in-home service, know that there are options.

What Constitutes Nursing Home Abuse

There are over 300 nursing homes in Texas , most of which are concentrated in East Texas, that have a one-star rating according to the official government website linked above. There are eight different types of nursing home abuse and hopefully, we’ll have a standalone page about each type. However, we’ll have a unique section dedicated to that type of abuse for now.

The eight types of abuse found in nursing homes are:

Physical : This particularly nasty class of abuses details abuse that is explicitly physical such as manual beatings or even threatening to beat the patient. This does not include physical pain that is caused by neglect (see below).

Sexual : Sexual abuse in nursing constitutes the abuse of a patient who is either unwilling or unable to consent to intercourse. In addition, the assailant took advantage of the patient’s condition to abuse them sexually.

Emotional : Yes, in Texas, you can be charged (or charge someone) even if there is no obvious physical abuse. Typically this is referred to as “assault by threat.”

Financial: As made famous from the hit show Better Call Saul, financial exploitation is the up charging or (stealing) of money from senior citizens for services.

Neglect : Not checking in on, or providing basic healthcare treatment for, patients of the facility.

Confinement : Not letting a patient leave the facility or contact family or friends.

Abandonment : This goes beyond mere neglect and includes a willful attempt to deprive the patient of basic needs that the patient needs to survive (such as food or treatment).

Signs of Nursing Home Abuse

The above types of nursing home abuse are common (see below) but often hard to detect. Self-reports from staff members of senior care facilities (see below) show shocking numbers regarding the abuse of senior care living facilities. The Nursing Home Abuse center put out this helpful infographic describing the ways and frequent signs of nursing home abuse.

However, the hallmark sign of neglect is poor hygiene. This is one of the few standalone signs, outside of visible injuries appearing repeatedly, that points to an immediate red flag that should be investigated and documented. One of the primary features of Senior Care facilities is to ensure that their patients maintain proper hygiene through daily baths and routine checkups.

Nursing Home Abuse Frequency

Nursing home abuse is common but before getting paranoid, let’s look at some of the stats. According to the WHO , around 1 in 6 people “60 years and older experienced some form of abuse in community settings during the past year.” The problem is even worse in nursing homes and long-term care facilities were “2 in 3 staff reporting that they have committed abuse in the past year.” This was a self-report where staff has self-reported that they committed some form of abuse.

Why Nursing Home Abuse Goes Underreported

Nursing Home Abuse is more complicated in track than one might imagine. Not only are nursing home patients prone to accidental injuries (such as being unable to support themselves or complications from medical treatments) but one also has to be able to attribute causal blame for these injuries to the nursing home (or a particular nurse or employee) to establish fault.

A highly cited paper published in 1973 titled Old Folks and Dirty Work: The Social Conditions for Patient Abuse in a Nursing Home argued that conditions involved in nursing homes insulated staff members from noticing abuses committed by other staff members, as well as providing them with avenues to deny that such abuses took place. Much has changed in the last four decades regarding laws on nursing homes, such as statewide auditing procedures, however, problems persist.

While there are services that provide auditing for senior care facilities, the process is extremely difficult. Staff may often get advanced warning of when auditors will be arriving and, when they do arrive, it is unlikely that the staff will commit abuse in front of the auditing staff members. However, should such an offense occur or you have reason to suspect that offense has occurred, you have plenty of options including legal recourse.

Best Nursing Homes In Texas

We’ve been interested in trying to find what constitutes “the best nursing homes” and whether one would even be able to know if they found it. Many online review systems, such as Yelp, are famously unreliable for their willingness to remove or hide bad reviews in exchange for money. As nursing homes are a lucrative industry, with insurance companies often footing the bill, there’s plenty of incentive to engage in shady business practices.

Nevertheless, we’ve crossed referenced several sites looking for the best (highest rated, longest-serving, most consistent..etc) nursing homes in the state. These three we’ve identified stood out to us.

Franklin Nursing Home, Franklin Texas

It may be difficult to know how the staff treats the community members when you’re not around, but something easy to audit is the cleanliness of the facility. Franklin Nursing home is renowned for its clean facilities and personable staff. They also have fairly limited turnover which is a terrific sign, however rare it may be in this industry.

They are located in Franklin Texas, in between Houston and Dallas.

Briarcliff Skilled Nursing Facility, Carthage Texas

Located on 4054 NW Loop in Carthage, Texas, the Briarcliff Skilled Nursing Facility of Carthage Texas has over 102 google reviews at an average rating of 4.8 stars. Despite the qualifiers above about the unreliability of online review sites, Google has recently implemented changes to its fake review removal policy.

Residents noted the home for its home-like feel and the staff’s attention to detail.

Great Plains Nursing and Rehabilitation, Dumas Texas

Located on 19th Street in Dumas, Texas, Great Plains Nursing and Rehabilitation boast a somewhat sparkling online reputation profile. Though with fewer total ratings than Briarcliff Skilled Nursing Facility, Great Plains’ 68 ratings over 4.5 are nothing to sniff about. Another establishment well known for its cleanliness (please let us know if you hear otherwise),

TexasLawChanges.com is a website dedicated to monitoring, communicating and informing Texans about law changes across the state. 

• Nursing Home Abuse
• Assisted Living Facility Neglect
• Hospital/Doctor Malpractice
• Home Health Aide Neglect
• Whistleblowers
• Case Results
• Testimonials
• 888-375-9998 Se Habla Español

How to Report Nursing Home Abuse in Texas

Our elder abuse attorneys are here to help you through life's most difficult chapters.

How Can I Report Nursing Home Abuse in Texas?

Report elder abuse & nursing home neglect in texas. fill out the form below and we can help you on your journey to justice.

Speak with our compassionate, experienced nursing home abuse and elder neglect attorneys by calling   888-375-9998   or complete the below form:

• First Name (required)
• Last Name (required)
• Your Email (required)
• Your Message
• Email This field is for validation purposes and should be left unchanged.

Texas Nursing Home Complaints 1-800-458-9858 or 512-834-3784

• Do I Have a Case? Free Injury Case Evaluation * Required Fields
• First Name *
• Last Name *
• Describe Your Case

Offices in Florida, California, Georgia, Illinois, Kentucky, Maryland, New Mexico, New York, Pennsylvania, Virginia, Washington DC and West Virginia | Business Hours: Monday - Friday (8:00 am - 6:00 pm) Privacy Policy | Disclaimer | Sitemap

• Skip to main content

• Find a Lawyer
• You've been hurt. Now what?
• Do I have a claim?
• Finding the best attorney to represent you
• Dealing with insurance
• Laws by state
• Car accident
• Truck accident
• Workplace injury
• Wrongful death
• Common work injuries
• Finding the best workers’ comp lawyers
• How workers’ comp benefits work
• Personal injury vs. workers’ compensation
• Spinal cord / column
• Brain Injury
• Occupational injuries
• Questions & answers
• Tell your story
• Forms and worksheets
• For students
• Become a Partner
• Join lawyer directory
• HERO program
• Compare plans and features
• Guest blogging for attorneys
• Enjuris Excellence badge

Texas Guide to Nursing Home Abuse and Neglect

How to spot nursing home abuse or neglect and what to do if you suspect it’s happening

Would you know what to do if you believe your loved one is being abused in their nursing home? Here’s a list of Texas agencies that regulate and enforce nursing home laws, along with other guidelines for how to get help if you think there’s nursing home abuse or neglect taking place.

“My children put me in a home.” Not what you want your elderly parents telling their friends after you put thought, effort, love, and money into finding the perfect place for them to spend their final days, right? And for the most part, nursing home staff are prepared, skilled, kind, caring, and competent. 

Once in a while, though, Texas nursing home residents could be subject to neglect or worse... nursing home abuse. If you have a loved one in a Texas nursing home, it’s important to be able to spot the signs of nursing home abuse or neglect and know what to do if you suspect your family member is being harmed.

Signs of Texas nursing home abuse

Sometimes, what looks like it could be nursing home abuse is actually the normal process of aging. But not always. It’s important to be able to distinguish between the types of nursing home abuse—physical, emotional or psychological, sexual, and financial—and to be able to know what behaviors or signs could indicate a problem.

Physical abuse

• Unexplained injuries like bruises, cuts, burns , fractures, or welts;
• Frequent hospitalizations , including repeated trips to the emergency room or frequent medical treatments (aside from any preexisting medical conditions);
• Signs of restraint like marks on wrists or ankles that indicate the use of restraints;
• Broken eyeglasses or frames could indicate physical altercations; or
• Overmedication or under-medication might be signs of drug misuse, including lethargy or unusual behavior changes.

Emotional and psychological abuse

• Behavioral changes like withdrawal from activities, depression, or unusual levels of agitation or anger;
• Fearfulness or displaying fear around certain staff members or other residents;
• Isolation or being kept away from other residents or social activities; or
• Changes in sleep patterns , such as insomnia or excessive sleep.

Sexual abuse

• Unexplained STDs or infections , like the sudden appearance of sexually transmitted diseases or infections; 
• Bruising or bleeding , particularly in the genital or anal areas; or
• Torn or stained underwear could be indications of sexual assault .

Financial exploitation

• Unusual financial transactions include sudden changes in bank accounts, unexplained withdrawals, or new credit cards;
• Changes in legal documents like unexpected changes in wills, powers of attorney, or other financial documents; or
• Missing personal belongings that include items such as jewelry, cash, or valuables.

Behavioral signs of abuse

• Sudden changes in personality , for instance, noticeable shifts in behavior or mood;
• Unexplained fear or anxiety , particularly around certain individuals or in specific situations;
• Refusal to speak and reluctance to communicate or share experiences;
• Communication and interaction issues , or suddenly becoming non-verbal or having trouble communicating.
• Residence staff behavior , such as staff members refusing to allow private visits or conversations with the resident.

Signs of Texas nursing home neglect

• Poor hygiene , including unwashed bodies, dirty clothes, or unkempt appearance;
• Malnutrition or dehydration could manifest as sudden weight loss, dry skin, or other signs of insufficient nutrition or fluids;
• Unsanitary living conditions include dirty bedding, rooms, or common areas;
• Untreated medical conditions like bedsores, infections , or other health issues that are not being addressed;
• Inadequate supervision involves residents being left unsupervised for long periods, leading to falls or wandering.

What to do if you suspect Texas nursing home abuse

Act immediately. 

Your loved one has been through a lot in their years—decades!—and they deserve to be cared for properly as they transition into their end of life.

• Ensure they are safe . If the resident is in immediate danger, call 911 to get emergency assistance.
• Seek medical attention if necessary . If the abuse or neglect led to injuries or health complications from a pre-existing problem, contact a physician or case manager who coordinates their care and make sure they are receiving the intervention or treatment they need. 
• Document the abuse (or suspected abuse). Keep detailed notes on dates, times, specific incidents, and any visible injuries or changes in behavior. Take photographs if there are visible signs of abuse.
• Make a complaint or report to the facility’s management or operator . Notify the nursing home administration or management about your concerns. They are required by law to investigate abuse allegations and take appropriate action.
• Report it to the Texas Department of Family and Protective Services (DFPS). You can report suspected abuse, neglect, or exploitation to the DFPS through its toll-free hotline at 1-800-252-5400 or online. The agency is responsible for investigating complaints.
• File a complaint with the Texas Health and Human Services (HHS) agency . The HHS regulates and oversees nursing homes. You can call the complaint hotline at 1-800-458-9858 or submit a complaint online. 
• Follow up . If you’ve made a report or complaint, follow up after a reasonable time to make sure that any appropriate investigation or action is taking place. 
• Provide support to your loved one . Even if you live far away, stay in contact through phone calls or other means so that the resident knows they’re not alone. You might be able to find local support and resources, as well.

What is your legal recourse for a Texas nursing home abuse case?

If you believe your loved one is a victim of Texas nursing home abuse, you have several legal options:

• Report to Texas DFPS or HHS , as discussed above. 
• Contact a Texas lawyer who specializes in elder law or nursing home abuse cases. 
• File a civil personal injury or wrongful death lawsuit . This would be to receive damages from injuries or death caused by the abuse or neglect. 
• Pursue criminal charges , depending on the severity of the offense. 
• Contact the Texas Long-term Care Ombudsman program for assistance, advocacy, and support for the victim. 
• Transfer the resident to a different facility .

How might nursing homes try to cover up instances of abuse?

Nursing homes may try to cover up abuse to avoid legal consequences, financial losses, or damage to their reputation. Here are some common tactics they might use:

• Intimidation . This could be by staff or administrators against residents or even other staff to prevent them from reporting abuse. It might include threats of retaliation, eviction, or job loss.
• Falsifying or altering medical records . A staff member might modify a resident’s medical records to hide signs of abuse or neglect by changing or omitting entries or falsifying data to make it appear that there was proper care.
• Delaying medical care . Delaying or avoiding medical care for injuries resulting from abuse can prevent documentation and reduce the likelihood of the abuse being detected by external medical professionals.
• Isolation . Abusive staff might isolate residents from their families, friends, or other visitors who might notice signs of abuse. This can include restricting visits, moving the resident to a different room, or limiting social interactions.
• Providing false information . Administrators or staff might provide false or misleading information to families, regulators, or investigators about the resident's condition or the care they are receiving.
• Concealing or destroying evidence . Nursing home staff might destroy physical evidence of abuse, such as bloody clothing, damaged medical equipment, or surveillance footage that captures incidents of abuse.
• Misleading inspectors . Nursing homes might present a false image of compliance by temporarily improving conditions, hiding problematic staff members, or coaching residents and staff on what to say.
• Retaliation against whistleblowers . A staff member who reports abuse could face retaliation, such as demotion, job loss, harassment, or other issues, to discourage other staff from coming forward. 
• Failure to report incidents . The facility might underreport or fail to report an incidence of abuse or might call it an accident to downplay its severity and avoid scrutiny from authorities and families. 
• Inadequate training . A facility might claim that an incident resulted from an unintentional mistake or accident because of a lack of training, which is a lesser offense than abuse. This minimizes the perception of abuse and avoids accountability. 
• Making claims “disappear.” The administrator or owner of a nursing home facility could offer a financial settlement to a resident victim or their family in exchange for a non-disclosure agreement. In other words, the family agrees not to discuss the abuse or incident and are essentially “paid off” for remaining quiet.

If you believe your loved one is the victim of Texas nursing home abuse or neglect, or if you suspect these things are happening in the facility where they live, you can contact one of the agencies above or you can seek the guidance of a Texas personal injury lawyer .

• Sharon Fulgham
• Brandon Fulgham
• Jeff Hampton

Practice Areas

• Bicycle Accidents
• Car Accidents
• Catastrophic Injury
• Drunk Driving Accidents
• Motorcycle Accidents
• Premises Liability
• Swimming Pool Accidents And Drowning
• Wrongful Death
• Bus Accidents
• Construction Accidents
• Oilfield Accidents
• Slip And Fall
• Trucking Accidents
• Uber / Lyft Auto Accidents

  ALL PRACTICE AREAS

• Bad Faith Insurance
• Homeowner Insurance Claims
• Roof Insurance Claims
• Under Paid Insurance Claims
• Business Insurance Claims
• Hail Insurance Claims
• Insurance Claim Denials
• Tornado Insurance Claims
• Call (817) 697-4400

When and How to Report Texas Nursing Home Negligence

Fort Worth Criminal Defense Lawyers » Blog » When and How to Report Texas Nursing Home Negligence

Choosing to send a loved one to a nursing home is never an easy choice, but sometimes it’s a necessary one. Unfortunately, nursing home negligence is something you must be on the lookout for if you have a loved one living in a nursing home.

What is nursing home neglect and how do you spot it? Here’s what you should be paying attention to in order to surmise if your loved one is a victim of negligence and what you can do if you suspect it’s happening.

What Is Nursing Home Negligence?

Under Texas law, nursing homes are required to provide a certain standard of care. They must provide necessary services and care to each resident of their facilities that allows the residents to have the highest quality of life possible.

• They must be groomed, have access to medical care, have a comprehensive care plan that spells out their needs, and must be provided with good nutrition.
• The facility itself has standards that it must meet as well, including providing residents with a safe environment free of hazards and properly supervised.
• The law also governs their medication error rates in order to ensure they’re not giving unnecessary medications to residents.

When these basic protocols aren’t being followed, it may be grounds for a negligence claim. That said, it isn’t always as easy as one might think to pinpoint nursing home negligence on its surface. Learn some of the tell-tale signs below.

Signs of Nursing Home Negligence

How do you know if the nursing home your loved one is in is guilty of negligence? There are a few more commonly identified indicators like unsanitary conditions, a lack of supervision or inadequate staffing, and relatively quick worsening of mobility in your loved one.

Unsanitary Conditions

A nursing home facility requires constant cleaning to prevent the spread of illnesses and infection, just like a hospital. Make sure the residents are provided clean bedding and clothing to residents, that the bathroom areas are clean, and the kitchens are sanitary.

Lacking Supervision

Many nursing home residents require supervision due to injury or illness and lack of that supervision in this setting can lead to severe consequences for residents.

If patients with cognitive issues, such as Alzheimer’s Disease, are not properly supervised, for example, they could wander out of the building and be in danger. Other residents may suffer injuries as a result of not being properly supervised.

Inadequate Staffing

If there aren’t enough experienced and trained staff at a nursing home, then patients can suffer. That’s why looking at staff turnover at a facility you’re considering is a good idea. The higher the staff turnover, the higher the chance that the facility will have issues with staffing that could impact services.

Issues with Mobility

One of the services a nursing home provides for its residents is to work on mobility each and every day with exercise and movement since it can be a challenge for many residents.

If someone in a nursing home is neglected, then they may languish in bed for long periods of time and that can lead to a further loss of mobility. You may also notice other issues such as infections or bedsores.

All of these more visible cues can signal bigger or hidden issues, and should certainly be addressed. Although it can feel daunting to do so, if you suspect that nursing home neglect is occurring, then there are actions you can take .

What You Can Do

When you notice things occurring in the facility that you think aren’t right, then you should document them. This can include photos and descriptions of anything suspicious you encounter.

If possible, talk to your loved one about what they may be experiencing or witnesses in the facility, too. Contacting an experienced attorney is recommended to help bring your concerns to light.

You can contact Adult Protective Services in Texas so they can investigate your claims. You can also contact the Texas ombudsmen’s office that works for the rights and benefits of people living in long-term care facilities.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise ( Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth , both 2020), Fort Worth Magazine, and The National Trial Lawyers , just to name a few.

Next Post Injured by a Drunk Driver in Texas? You Have a Right to File a Claim

Related posts, are our elderly loved ones safe during the covid-19 outbreak.

What If You See Signs of Abuse on Your TX Nursing Home Holiday Visit?

Fulgham Law Firm, P.C.

Phone:   (817) 697-4400 Fax:   (817) 697-4401 Address:  4354 West Vickery Blvd. Fort Worth, Texas 76107

© 2024 Fulgham Hampton Law Group.

Protecting Our Seniors From Abuse & Neglect

How To Report a Nursing Home

How to Report Abuse and Neglect in Nursing Homes

Nursing home abuse and neglect can result in serious harm or death to vulnerable residents. It’s essential to report nursing home abuse to protect your loved one and hold facilities accountable for their actions. Learn how you can report nursing home abuse and what other options you may have to get justice for your loved one’s suffering.

How to Anonymously Report a Nursing Home

Nursing home abuse  is a serious crime that can quickly worsen and even turn deadly if not stopped. There are many ways that you can report nursing home abuse, from local agencies to national organizations

To anonymously report a nursing home, you can contact your local long-term care ombudsman or file a complaint with your state’s Department of Public Health. Each state has regulations that protect the identities of anyone reporting nursing home abuse unless they agree to reveal it or a court orders them to do so. They are also protected from retaliation or legal action.

Nursing home abuse can also be reported by:

• Calling a nursing home abuse hotline
• Connecting with an ombudsman (representatives for residents)
• Contacting Adult Protective Services (APS) in your state
• Working with doctors and other medical personnel

By reporting suspected abuse, you can open an investigation into an older person’s overall well-being while they are living in a facility. You may even be able to hold nursing facilities legally accountable if they harmed your loved one.

If your loved one is in immediate danger or having a medical emergency, dial 911 to report nursing home abuse and get help right away.

If you have additional questions about how to anonymously report a nursing home, the team at the Nursing Home Abuse Center is here to help.

You deserve justice. Get a free legal case review now.

Get a free legal case review if you or a loved one has suffered abuse or neglect.

Options for How to Report a Nursing Home

It’s critical to know about your options to report nursing home abuse so you can find the best resources that will help your loved one.

Below, find some of the most important people and groups you can report nursing home abuse to.

How To Report Nursing Home Neglect or Abuse to the Ombudsman

You can report a nursing home to your state’s ombudsman through the National Long-Term Care Ombudsman Resource Center . From there, your concerns and complaints can be addressed through an investigation.

A nursing home ombudsman protects the rights of residents and resolves health and safety issues in long-term care facilities. An ombudsman serves as a middleman between facilities and residents.

A nursing home ombudsman is responsible for:

• Addressing resident complaints of poor treatment, neglect, or abuse
• Educating residents about their rights and available resources
• Recommending changes based on their experiences with older Americans

All states and several U.S. territories were granted a long-term care ombudsman program under 1978 amendments to the OAA.

How To Report Nursing Home Neglect or Abuse to the Local Authorities

You can report nursing home abuse through local authorities such as the police or your state’s Adult Protective Services (APS) branch.

The police can help you take immediate action if a resident has been seriously harmed or died due to abuse.

Law enforcement can file criminal charges for:

• Assault or homicide
• Financial coercion
• Sexual assault

Call your local APS branch if you believe your loved one might be suffering from abuse or neglect. A social worker can take note of your concerns and launch an investigation into the resident’s well-being.

To find phone numbers for local branches of the APS, visit the National Adult Protective Services Association website .

Nursing Home Law Firms

Sometimes, the only way victims of abuse and their loved ones feel like they can get closure is to file a lawsuit against negligent nursing homes.

Taking legal action not only seeks justice for those harmed but also holds facilities accountable, sending a powerful message about how nursing home neglect and abuse are unacceptable.

Working with an experienced nursing home law firm makes the legal process as stress-free as possible.

Get a free case review right now to see if we can connect you with a top nursing home law firm near you.

Eldercare Locator

The Eldercare Locator connects older adults to housing, health care, and other government resources.

Learn more by calling the toll-free elder and nursing home abuse hotline at 1-800-677-1116. Operators are standing by Monday through Friday from 9 a.m. to 8 p.m. Eastern time. You may also visit eldercare.acl.gov .

National Center on Elder Abuse

Established in 1988, the National Center on Elder Abuse (NCEA) is a hub of information and resources. This advocacy group works to make it easier to spot and report nursing home abuse through education and training. It also lobbies for policy changes to improve the quality of life for older adults.

Through the NCEA, you can learn how to:

• Connect with local elder support resources
• Identify and report nursing home abuse
• Spread awareness about elder abuse

Doctors and Medical Experts

It can sometimes be hard to know the difference between symptoms of normal aging and mistreatment. Problems like bruised skin, falls or fractures , bedsores, and dehydration are not always evidence of neglect or abuse. This is where a medical expert’s opinion can help.

“[Doctors] are in a unique place to be able to comprehensively look at a patient. They have an opportunity to identify elder abuse and to reach out to the community or make appropriate referrals to break the cycle of violence or neglect.” —Amy Berman, Registered Nurse, John A. Hartford Foundation

Doctors can examine nursing home residents for physical and emotional signs of abuse or neglect.

Reach out to us directly.

Contact us directly for fast, personalized assistance from our dedicated team.

(855) 264-6310

Reporting Nursing Home Abuse Types and Warning Signs

Nursing home residents can experience many types of abuse, like physical harm, emotional mistreatment, neglect, and sexual assault.

How to report a nursing home neglect or abuse case can be a challenge since the warning signs of abuse vary greatly. However, one common thread is that abuse or neglect will lead to negative changes in your loved one’s physical or emotional health.

Reporting possible signs of any type of abuse can help to stop problems before they worsen.

Warning signs of nursing home abuse are listed below.

Physical Abuse Warning Signs .entry-content .icon-heading.has-icon{padding-left:50px;padding-bottom:15px;font-size:20px;position:relative;margin-bottom:0;clear:both}.entry-content .icon-heading.has-icon span{font-weight:700;display:inline-block;vertical-align:middle;padding-left:15px}.entry-content .icon-heading.has-icon i{background:#C5E2EA;border-radius:2px;width:50px;height:50px;color:#6B8A9B;font-size:40px;line-height:58px;margin-left:-50px;position:relative;vertical-align:middle;display:inline-block;top:0;margin-top:0}.example-shortcode+.icon-heading{margin-top:40px}

• Broken bones and other serious injuries
• Bruises and welts
• Cuts, burns, or sores

Neglect Warning Signs .entry-content .icon-heading.has-icon{padding-left:50px;padding-bottom:15px;font-size:20px;position:relative;margin-bottom:0;clear:both}.entry-content .icon-heading.has-icon span{font-weight:700;display:inline-block;vertical-align:middle;padding-left:15px}.entry-content .icon-heading.has-icon i{background:#C5E2EA;border-radius:2px;width:50px;height:50px;color:#6B8A9B;font-size:40px;line-height:58px;margin-left:-50px;position:relative;vertical-align:middle;display:inline-block;top:0;margin-top:0}.example-shortcode+.icon-heading{margin-top:40px}

• Bedsores, especially stage 4 pressure ulcers
• Lack of proper nutrition and dehydration
• Missing medical devices (hearing aids, glasses, medications)
• Poor hygiene (soiled clothes, unclean hair)

Sexual Abuse Warning Signs .entry-content .icon-heading.has-icon{padding-left:50px;padding-bottom:15px;font-size:20px;position:relative;margin-bottom:0;clear:both}.entry-content .icon-heading.has-icon span{font-weight:700;display:inline-block;vertical-align:middle;padding-left:15px}.entry-content .icon-heading.has-icon i{background:#C5E2EA;border-radius:2px;width:50px;height:50px;color:#6B8A9B;font-size:40px;line-height:58px;margin-left:-50px;position:relative;vertical-align:middle;display:inline-block;top:0;margin-top:0}.example-shortcode+.icon-heading{margin-top:40px}

• Bruising and/or bleeding around the genitals
• Development of STDs from sexual abuse
• Stained or torn clothing or bedding

Emotional Abuse Warning Signs .entry-content .icon-heading.has-icon{padding-left:50px;padding-bottom:15px;font-size:20px;position:relative;margin-bottom:0;clear:both}.entry-content .icon-heading.has-icon span{font-weight:700;display:inline-block;vertical-align:middle;padding-left:15px}.entry-content .icon-heading.has-icon i{background:#C5E2EA;border-radius:2px;width:50px;height:50px;color:#6B8A9B;font-size:40px;line-height:58px;margin-left:-50px;position:relative;vertical-align:middle;display:inline-block;top:0;margin-top:0}.example-shortcode+.icon-heading{margin-top:40px}

• Changes in behavior or sleep patterns
• New onset of depression, fear, or anxiety

Was your loved one abused or neglected? Get a free case review — compensation may be available.

Documenting Warning Signs of Nursing Home Abuse

If you think a loved one is being harmed, note any possible signs the moment your suspicions are raised.

Keeping track of the signs of nursing home abuse and neglect can make it easier to report them later on. It can also strengthen the case if it results in a criminal or civil nursing home abuse lawsuit .

To start, write down when you first noticed negative changes in your loved one. Include as much detail as possible about when, where, and how the abuse occurred.

It may also be helpful to take photos as evidence if you think your loved one is suffering from neglect or physical abuse.

Should I Report Nursing Home Neglect and Abuse?

Yes. Nursing home abuse is a serious crime that can quickly worsen and even turn deadly if not stopped. There is no question that you should report nursing home abuse. And you can do so in several ways, from local agencies to national organizations.

• Seeking nursing home abuse legal help
• Talking with doctors and other medical personnel

By reporting suspected abuse, you can open an investigation into a resident’s overall well-being while they are living in a facility. You may even be able to hold nursing facilities legally accountable if they harmed your loved one.

If you or your family have questions on how to report a nursing home, contact our team today.

Can Staff Report Nursing Home Neglect?

Yes. In fact, staff members are required, both by law and internal policies at nursing homes and assisted living facilities, to report nursing home abuse and neglect.

Nursing home staff can report abuse without facing disciplinary action from their employer or legal liability. Ignoring nursing home abuse carries serious penalties.

Staff members and home care providers who ignore abuse may be fired, lose their medical license, or get arrested. Caregivers also can face civil lawsuits for abuse or negligence.

Abuse and neglect may only worsen if left unchecked, meaning your loved one could continue to suffer.

Next Steps to Report Nursing Home Abuse and Neglect

By reporting nursing home abuse, you and your family members can begin to heal from this awful trauma. Reporting abuse also helps bring those responsible to justice and prevents them from harming others.

If you have questions or concerns about reporting nursing home abuse, connect with our team. Our Patient Advocates can assess possible cases of nursing home abuse or neglect and recommend the next steps for you to take.

You can also learn if financial compensation is available to cover medical treatments and other expenses.

Get started today with a free case review .

FAQs About Reporting Nursing Home Abuse

How do you report elder abuse in a nursing home.

You can report abuse by contacting the proper authorities (911, Adult Protective Services, or a nursing home ombudsman). It’s crucial to report elder abuse of any kind quickly to keep your loved ones safe.

How do I report negligence in a nursing home?

You report nursing home negligence in the same ways that you report nursing home abuse.

Always call 911 if your loved one is in immediate danger due to nursing home neglect or negligence.

You can also report negligence to nursing home ombudsmen, doctors, or elder abuse attorneys.

Want to report nursing home negligence right now? Call (855) 264-6310 .

Are there any reporting requirements for nursing home abuse?

Some states require those who work with older people to file reports if they think nursing home abuse is taking place.

Further, staff in facilities that receive $10,000 or more in federal funds are also required to report possible abuse or neglect under the Elder Justice Act.

A nursing home abuse lawyer can tell you how reporting laws can affect your case – if at all. For best results, report nursing home abuse as soon as possible so your elder can get the care they need.

Eldercare Advocate & Expert

• Fact-Checked

Julie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease.

The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.

• Administration for Community Living. (2023, July 25). Long-term care ombudsman program. Retrieved September 25, 2023, from https://acl.gov/programs/Protecting-Rights-and-Preventing-Abuse/Long-term-Care-Ombudsman-Program
• Butterfield, Stacey (2019, January 28). ACP Hospitalist: See, and then stop, elderly abuse. Retrieved September 25, 2023, from https://www.johnahartford.org/dissemination-center/view/acp-hospitalist-see-and-then-stop-elderly-abuse
• Department of Justice. (n.d.). Additional charges using elder justice initiative definitions. Retrieved September 25, 2023, from https://www.justice.gov/elderjustice/file/886971/dl
• National Adult Protective Services Association. (2017). Confidentiality: Path to better outcomes or detour along the road to elder justice? Retrieved September 25, 2023, from https://www.napsa-now.org/wp-content/uploads/2017/08/803-Confidentiality-Path-to-Better-Outcomes-or-Detour-Along-the-Road-to-Elder-Justice.pdf
• Registered Nursing. (2023, August 25). What should a nurse do if they suspect a patient is a victim of abuse? Retrieved September 25, 2023, from https://www.registerednursing.org/articles/what-should-nurse-do-suspect-patient-victim-abuse/
• Stanford Medicine Elder Abuse. (n.d.). Documenting in the medical record. Retrieved September 25, 2023, from https://elderabuse.stanford.edu/reporting/documenting.html
• U.S. Department of Human and Health Services. (2022, December 9). How do I report elder abuse or abuse of an older person or senior? Retrieved September 25, 2023, from https://www.hhs.gov/answers/programs-for-families-and-children/how-do-i-report-elder-abuse/index.html
• The United States Department of Justice. (n.d.). Red flags of elder abuse. Retrieved September 25, 2023, from https://www.justice.gov/elderjustice/red-flags-elder-abuse

Call for a free consultation: (214) 231-0555

• John W. Arnold
• David W. Crowe
• D.G. Majors
• Personal Injury
• Nursing Home Abuse
• Sexual Assault & Abuse
• Car Accidents
• Truck Accidents
• Product Liability
• Premises Liability

Will My Loved One Face Retaliation If I Report Nursing Home Abuse in Texas?

Home » Dallas Nursing Home Abuse Lawyer: Lawyer For Nursing Home Negligence Fighting for Victim’s Rights » Will My Loved One Face Retaliation If I Report Nursing Home Abuse in Texas?

It is illegal for a nursing home or its employees to retaliate against a resident for reporting abuse, poor conditions, or filing a lawsuit in Texas. While it is illegal, it can still be a real threat to this vulnerable population. The law also requires nursing homes to have effective protocols for receiving and investigating such complaints .

By law, if you are aware of specific acts of abuse or neglect by a nursing home, you must report it . However, the fear of retaliation can keep nursing home residents, family members, or friends from reporting elder abuse. However, this means the abuse can continue unchecked , putting even more people in danger. Nursing homes may also retaliate against employees who report these incidents.

A personal injury lawyer at Crowe Arnold & Majors, LLP can help your family member receive better care. If you suspect they are suffering from neglect or abuse or the nursing home staff is retaliating against them, it is imperative to obtain legal counsel at once .

We can protect your rights and that of your loved one and hold the nursing home accountable .

Click Here to Call Our Law Office

Forms of Retaliation

The form of retaliation taken by a nursing home or its employees after a report is filed is often subtle. This may involve:

• Ignoring call lights
• Non-delivery or late delivery of medication
• Delayed food delivery
• Forgetting to charge electric wheelchairs
• Not getting the resident to the bathroom promptly

Any delay in providing food and drink to patients can cause serious, even life-threatening issues. Residents with dementia may not realize they have not been fed or given liquids, leading to malnutrition and dehydration.

For example, residents may avoid drinking water if the retaliation consists of not helping them to the bathroom when necessary. This puts them at risk of dehydration and a dangerous increase in their sodium levels. It does not take much water deprivation for dehydration to occur in the elderly.

Is Your Loved One Facing Retaliation? Call Now For a FREE Consultation!

Medicare and Medicaid

Nursing homes do not want residents or their advocates, such as a personal injury attorney, to report abuse or neglect, not merely because it makes them look bad. Such reports can affect their Medicare and Medicaid funding. Concealing the problems and keeping reporting to a minimum is a priority for many of these facilities.

How to Report Suspected Abuse or Neglect

If you do not think your family member is in immediate danger, speak with a nursing home administrator about the issue. If nothing is done right away, contact the Texas Department of Aging and Disabilities (DADS), which licenses these facilities. DADS will conduct an investigation. If they determine the facility is not cooperating, they may refer the matter to the State Attorney General’s office– who has the authority to shut a facility or remove residents.

Call Now to Speak to an Experienced Personal Injury Attorney!

Protecting Your Loved One

If your loved one must remain in their current nursing home after you report the abuse, there are ways you can protect them from retaliation . In Texas, it is legal to install a video camera in the resident’s room. By doing so, you can monitor activities taking place in the room. Of course, you cannot monitor behavior occurring outside of the room .

Contact our team of Dallas Elder Abuse Lawyers

If your family member has suffered retaliation after filing a nursing home abuse report, you need the services of an experienced Dallas elder abuse lawyer at Crowe Arnold & Majors, LLP. Call or text us 24/7 to arrange a free, confidential consultation , or fill out our online form . We will advise you on how to move your loved one and what legal actions you may take, such as filing a lawsuit against the nursing home. Since we operate on a contingency basis, you pay no fee unless you receive compensation.

No Fee Unless We Win! Call Today and Speak to an Experienced Personal Injury Attorney!

CALL FOR A FREE CONSULTATION You Don’t Pay a Dime Until We Win

(214) 651 -6100

• About Our Firm
• Jeff Rasansky
• William “Bill” Dippel
• Kolter McKenzie
• In the News
• Community Involvement
• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Drunk Driving Accidents
• Birth Injuries
• Medical Malpractice
• Nursing Home Neglect and Abuse
• Wrongful Death
• More Practice Areas >
• Cerebral Palsy
• Hypoxic Ischemic Encephalopathy (HIE)
• Birth Asphyxia
• Prolonged Labor
• Failure to Detect Fetal Distress
• Delayed C-Section
• Uterine Rupture
• Placental Abruption
• Umbilical Cord Problems
• Pitocin Augmentation
• Testimonials
• Midland-Odessa
• Case Results
• Video Library

How to Report Elder Abuse

By: Jeffrey Rasansky

There is a growing problem with elder abuse in both nursing homes and in the home. Those who live in the state of Texas can report these incidents to the Attorney General’s Office or their local law enforcement agency if there is a reason to suspect a senior is in immediate danger. This issue is becoming more problematic, which is why Texas and many other states have been forced to put provisions into place for protecting our senior citizens.

Filing a report.

Table of Contents

Seniors in immediate danger.

When filing a report with one of the agencies is not enough, there are other options. For instance, if you believe someone is in imminent danger you can report your suspicions to the police. Under Texas law, anyone who suspects a child, elderly person or an adult with disabilities is being abused, exploited or neglected is obligated to report it to DFPS. There is no need for anyone to fear filing a report that turns out to be false; if you report abuse in good faith, you are immune from any criminal or civil liability. On the other hand, a person who fails to report suspected abuse or neglect can face misdemeanor or felony charges.

Investigations by APS.

APS (Adult Protective Services) is the agency with the responsibility for investigating reports of abuse, neglect, and exploitation of those who receive services in facilities that serve adults and children who suffer from mental illness or mental retardation. The following settings fall under the jurisdiction of APS:

• State funded living centers
• State hospitals
• State centers
• Community mental health and retardation centers
• Contractors for facility and community centers
• Mental health and mental retardation authorities
• Intermediate care facilities for those who suffer from mental retardation

APS recently updated their policies in regards to the in-home program that is designed to effectively target adults who are the most vulnerable to abuse. This caused some adults who were formerly eligible for APS services to be eliminated under new guidelines. The guidelines for filing abuse and neglect reports in Texas can be rather daunting for some people. If you would like clarification concerning your responsibility for reporting these instances our firm can point you in the right direction. All you need to do is call our office at (214) 617-1886 .

"> "> Categories

• Product Liability
• Nursing Home Abuse

OUR DALLAS LOCATION

2525 McKinnon Street #550 Dallas, Texas 75201

Phone: (214) 617-1886

Recent Posts

• How to Navigate the Emotional Impact of a Birth Injury on Families
• Legal Steps to Take After a Birth Injury Diagnosis
• Step-by-Step Advice for Families Navigating Wrongful Death Claims
• Temple, TX – Two Killed After Truck Load Detaches at TX-36 & TX-317
• Paducah, TX – Teen Killed in Rollover on Co Rd 404

Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

Related Post

Putting a loved one in a nursing home is often a last resort after exploring all other options for care. When a family member is placed in a nursing home, it is usually […]

Nursing home abuse and elderly behavior problems among the elderly may seem like two different issues altogether. After all, isn’t the elderly resident to blame when she acts out and makes aggressive moves […]

Lax regulations in Texas nursing homes put residents at risk. According to News 8 investigator Charlotte Huffman (who spent several months analyzing state data), many nursing homes in Texas employ Certified Nursing Assistants (CNAs) […]

Why Choose Rasansky Law Firm

Over 30+ Years Of Personal Injury Experience

Top-Rated and Award-Winning Personal Injury Lawyers

Attorneys Available to Discuss Your Case Now

No Fee Unless You Win

Free Confidential Consultation.

"> "> Request A Free Consultation

Fill out the form below to receive a free and confidential initial consultation with an experienced personal injury lawyer.

 Call For Help Today

True Virginia Trial Attorneys Ready To Fight For You.

• Nursing Home Abuse

Is nursing home abuse a problem in Texas?

On Behalf of Williams & Light | Jan 5, 2024 | Nursing Home Abuse

Nursing home abuse is a serious issue that affects the health, safety and dignity of many elderly and disabled residents in Texas. According to the Texas Department of Family and Protective Services, there were more than 50,000 cases of elder abuse reported in 2022, including 10,000 that involved nursing home residents. It is a serious problem in Texas.

How to notice nursing home abuse

Unfortunately, nursing home abuse can be hard to detect. This is especially true when the victim is afraid or unable to report their abuse. However, there are some signs that may indicate that something is wrong.

• Look for unexplained bruises, cuts, burns, fractures or infections.
• Does your elderly family member have poor hygiene, or show signs of malnutrition, dehydration or bedsores?
• Have there been any sudden changes in behavior, mood or personality, or have they withdrawn from social or family activities or communication?
• Does your elderly family member show signs of fear or anxiety around certain staff members or residents?
• Have you noticed that they are missing items or money, or that their money is being mismanaged?

These are all signs of nursing home abuse.

How to report nursing home abuse

If you suspect or witness nursing home abuse in Texas, report it as soon as possible to the Complaint and Incident Intake Unit of the Texas Health and Human Services. They are responsible for investigating complaints of abuse or neglect that occur in nursing homes. Though, they also take complaints from assisted living facilities, day activity and health services, home health and hospice agencies and intermediate care facilities. You can even report the abuse anonymously.

How to seek justice for nursing home abuse

Under Texas law, nursing home residents have the right to be free from abuse . If this right is violated by nursing home staff or other residents, the victims and their families may have civil injury claims that can be based on various legal grounds. This includes negligent care, treatment, supervision, hiring or retention by the nursing home. Claims could also be based on premises liability or even false imprisonment.

What is compensable?

These claims can seek compensation for the damages caused by nursing home abuse. These damages, of course, include medical expenses, pain and suffering and mental anguish. However, it also includes the loss of enjoyment of life, loss of consortium and in some cases, punitive damages.

Recent Posts

• Can a trucking company avoid liability using a contractor?
• Understanding nursing home abuse: types and warning signs
• Are there any telltale signs of nursing home abuse?
• Six ways to valuate assets in your divorce
• Are dog owners in Virginia strictly liable for dog bite injuries?
• February 2024
• January 2024
• December 2023
• November 2023
• October 2023
• September 2023
• August 2023
• February 2023
• January 2023
• December 2022
• November 2022
• October 2022
• September 2022
• August 2022
• February 2022
• January 2022
• December 2021
• November 2021
• October 2021
• September 2021
• August 2021
• Car Accidents
• Personal Injury
• Truck Accidents
• Uncategorized

Subscribe To This Blog’s Feed

Nursing home inspections across New Mexico find at least one violation in 88% of facilities

Authorities in New Mexico say recent unannounced inspections of nursing homes across the state found at least one violation in 88% of them

ALBUQUERQUE, N.M. -- Recent unannounced inspections of nursing homes across New Mexico found at least one violation in 88% of them, authorities said Wednesday.

State health officials said just 11 of the 91 assisted living facilities received a perfect score, while 55 got a 90% rating.

Four nursing homes — two each in Albuquerque and Gallup — failed their inspections.

“These findings are unacceptable,” Gov. Michelle Lujan Grisham said at a news conference in Albuquerque. “Our seniors deserve the highest standard of care and respect.”

Health department staff conducted the inspections over a three-day span in May.

Infractions detailed in a 31-page report ranged from violations of rules and regulations to room uncleanliness.

“We take the findings of this report very seriously,” Patrick Allen of the state Department of Health said in a statement. “The quality of long-term care in New Mexico falls short of what our seniors deserve. This must change and we are committed to making it happen.”

Nursing homes in New Mexico were once ranked among the worst in the country.

The Albuquerque Journal reported that of 74 Medicare- and Medicaid-certified nursing homes located in the state, inspectors reported serious deficiencies in 36 of them between 2015 and 2018.

Trending Reader Picks

Fred Trump III calls uncle 'atomic crazy'

• Jul 30, 6:15 AM

'Black Swan' case: Woman convicted of manslaughter

• Jul 30, 11:29 PM

Police recruit who lost both legs in 'barbaric hazing ritual' sues Denver, paramedics and officers

• Jul 30, 1:40 PM

Trump questions Harris' race in NABJ interview

• Jul 31, 9:06 PM

2 men kill each other in road rage incident

• Jul 30, 3:54 PM

ABC News Live

24/7 coverage of breaking news and live events