Nursing home residents have rights—legal protections that demand dignity, safety, and proper care. When those rights are ignored, the consequences can be severe, from painful injuries to avoidable deaths. Families often come to us unsure if what they’ve witnessed rises to the level of legal action. In many cases, it does.
At Harrell & Paulson, we’ve represented many families whose loved ones suffered mistreatment in nursing homes. What often begins as a trusting relationship between family and facility can end in frustration, heartbreak, and lasting harm when care standards fall short.
Texas law provides a clear path for seeking justice when nursing home negligence occurs, and it's our responsibility to guide families through it.
Understanding what qualifies as negligence and how to pursue a personal injury claim under Texas law can help you protect your loved ones and hold facilities accountable.
Nursing Home Negligence
Nursing home negligence happens when a facility or its staff fails to provide the standard of care required under Texas law, and that failure results in harm. Unlike abuse, which involves intentional harm, negligence is often a matter of inattention, understaffing, or poor policies that leave residents vulnerable.
Texas nursing homes are legally obligated to provide medical care, hygiene assistance, nutrition, supervision, and safety. When staff members neglect any of these areas, residents may suffer from injuries, infections, malnutrition, emotional distress, or even wrongful death.
We've handled personal injury claims involving a range of failures—many of which go unreported until it’s too late. Some signs are obvious, like bedsores or unexplained bruises. Others are more subtle: changes in mood, weight loss, or frequent hospital visits. When those signs appear, families need answers.
Legal Standards Under Texas Law
Under the Texas Health and Safety Code and related regulations, nursing homes have specific duties to their residents. These include:
Providing adequate supervision to prevent falls and injuries
Maintaining clean and sanitary living conditions
Offering appropriate medical attention
Assisting residents with personal hygiene and daily tasks
Creating and following individualized care plans
Reporting signs of abuse or neglect
When these duties are breached, and a resident is harmed, a personal injury claim may be filed to seek compensation for medical costs, pain and suffering, and other damages.
To prove a case of nursing home negligence in Texas, we typically must show four key elements:
The facility owed a duty of care to the resident
That duty was breached
The breach caused an injury
The injury led to damages, such as medical expenses or emotional trauma
We work closely with families and medical professionals to document each of these elements. In some cases, video footage, witness accounts, or internal facility reports provide critical evidence.
Types of Nursing Home Negligence
Over the years, we’ve seen several recurring patterns of negligent behavior in Texas nursing homes. Not every injury qualifies as a personal injury case, but certain conditions strongly suggest legal fault. Here are the most common forms of nursing home negligence we encounter:
Medical Neglect
Failing to provide proper medical care—such as not giving medications, ignoring infections, or delaying treatment—can quickly escalate into serious harm. These cases often involve charting errors or missed evaluations.
Basic Needs Neglect
Residents must be given adequate food, water, and shelter. If someone is left dehydrated, underfed, or living in unsafe conditions, this can be grounds for a personal injury lawsuit.
Personal Hygiene Neglect
Assisting with bathing, grooming, and bathroom use is essential in nursing homes. A resident who is consistently left in soiled clothing or develops preventable infections may be suffering from hygiene neglect.
Emotional or Social Neglect
Isolation and verbal mistreatment can cause psychological trauma. When residents are ignored, belittled, or left alone for long periods, their mental health often suffers.
Fall-Related Negligence
Falls are a leading cause of personal injury among elderly nursing home residents. If staff fail to monitor high-risk individuals or provide assistive devices, they may be liable for resulting injuries.
One List: Warning Signs of Nursing Home Negligence
Families don’t always have the ability to monitor a loved one 24/7, which makes early warning signs all the more important. Below are some red flags that could suggest negligence is occurring:
Unexplained bruises, fractures, or frequent injuries
Pressure sores (bedsores) that worsen over time
Sudden changes in weight or dehydration
Poor personal hygiene or soiled bedding
Withdrawn behavior or signs of depression
Missing medications or confusion about prescriptions
Frequent emergency room visits or hospitalizations
Lack of supervision or residents wandering unsafely
Staff who are dismissive, evasive, or consistently unavailable
When you notice these signs, it’s time to ask questions and seek professional guidance. A conversation with the facility may clarify things—but if those answers fall short, you should consider legal action.
Pursuing Legal Action in Texas
In Texas, nursing home negligence falls under personal injury law, and families have a right to seek compensation when a loved one has been harmed. The process begins with a careful review of the facts, including medical records, care plans, and staff logs.
At Harrell & Paulson, we take the time to investigate thoroughly before moving forward. Once we identify clear evidence of negligence, we typically pursue a claim through one of two paths:
Filing a Personal Injury Lawsuit
If your loved one suffered injuries due to negligence, you can file a personal injury lawsuit against the nursing home and any responsible individuals. Texas law allows recovery for medical bills, pain and suffering, mental anguish, and, in some cases, punitive damages.
Filing a Wrongful Death Claim
If negligence resulted in a resident’s death, the surviving family members may file a wrongful death claim. This can help cover funeral costs, lost companionship, and future financial support.
Both types of claims are subject to the Texas statute of limitations. In most personal injury cases, you must file within two years of the date of injury. That clock starts ticking the moment the injury is discovered, so it's important to act quickly.
Why Documentation Matters
Personal injury claims rely heavily on documentation. Families can support their case by keeping a record of:
Dates and times of injuries or incidents
Photographs of visible harm or unsanitary conditions
Notes from conversations with staff or facility administrators
Medical records and hospital discharge notes
Names of witnesses, including other residents or visiting family members
We also recommend requesting copies of the facility’s internal care records and inspection reports. Under Texas law, families have the right to access much of this information.
Holding Nursing Homes Accountable
Legal action not only provides compensation for victims—it also holds negligent facilities accountable and may prevent future harm to others. When a nursing home fails in its duty, there should be consequences.
We’ve seen firsthand how filing a personal injury lawsuit can shine a light on systemic issues—like understaffing, poor training, or leadership that prioritizes profit over people. These lawsuits send a message that substandard care is unacceptable in Texas.
At Harrell & Paulson, we’re committed to helping families bring attention to these issues while fighting for justice for their loved ones.
What You Can Do Right Now
If you suspect nursing home negligence, your first step should be to remove your loved one from harm, if possible. Then, start gathering evidence and documenting what you’ve seen. You can also file a report with Texas Health and Human Services, which investigates complaints involving nursing facilities.
Next, reach out to a law firm that focuses on personal injury cases involving elder care. Time is critical, and waiting too long can make it harder to build a strong case. We’re always ready to listen, review the facts, and help you decide whether legal action is appropriate.
Give Us a Call
At Harrell & Paulson, we take these cases seriously because we know the stakes are high. We are proud to serve Kaufman, Texas, and the surrounding areas of Forney, Terrell, and Rockwall. Call today.
