At Ferrer Poirot Feller, our Dallas nursing home abuse lawyers understand the trust families place in care facilities to provide safe, respectful, and consistent care to their loved ones. Unfortunately, the National Council on Aging (NCOA) has reported that even before the COVID-19 pandemic, about one in ten Americans over age 60 had experienced some form of elder abuse. Reports of abuse rose during the pandemic, with one in five older adults experiencing mistreatment.
These failures can cause serious harm to residents and leave families feeling shocked, betrayed, and heartbroken. Our attorneys are dedicated to protecting the rights of seniors and helping families hold negligent facilities accountable.
We bring decades of experience, a deep understanding of Texas elder law, and the resources needed to build a strong legal case. To schedule a free and confidential case evaluation, contact our office at (888) 485-8844.
A Trusted Dallas Law Firm for Nursing Home Abuse Cases
Legal claims involving nursing homes and long-term care facilities often require a strong, experienced team. These cases can involve large companies with deep resources and complex internal procedures.
The Dallas nursing home abuse lawyers at Ferrer Poirot Feller have been representing families in Texas and across the United States since 1981. We focus on cases involving serious injuries caused by neglect or improper care, and we are well-versed in the laws that protect elderly residents in care homes.
We begin by listening carefully to your family’s story and learning how your loved one has been affected. Using that information, we develop a strategy to protect your legal rights and pursue compensation under Texas law.
Our attorneys and investigators gather key evidence to understand how the facility operated. This includes medical records, staffing reports, training logs, and internal incident reviews. We use the legal discovery process to obtain internal documents that may reveal patterns of poor oversight, complaints, or staffing problems.
We also work closely with independent medical experts and professionals in long-term care. Their evaluations often help explain how poor practices led to your loved one’s injuries. Their insight is an important part of building a strong case.
At Ferrer Poirot Feller, we offer a No Fee Guarantee. Families do not pay upfront costs, and all legal fees are only collected if we recover compensation. This approach gives you access to skilled legal representation while allowing you to focus on your loved one’s safety and care.
What Is Nursing Home Abuse? Understanding Your Family’s Rights
Nursing home abuse is any action or failure to act by a caregiver or facility staff that causes harm or a serious risk of harm to a resident. Texas law provides a clear definition of abuse and neglect to protect residents. Under the Texas Human Resources Code § 48.002, abuse includes physical, mental, or emotional injury, as well as the failure to provide essential care.
This legal standard means that abuse is not just about intentional acts of violence. It also includes neglect, which is often the result of systemic problems within a facility, such as chronic understaffing or a lack of proper supervision. Any failure that leads to a decline in a resident’s physical or mental health might be grounds for a legal claim.
Types of Nursing Home Neglect and Abuse
Abuse and neglect in a long-term care setting can take many forms. Some are obvious, while others are subtle and may develop over time. Recognizing the different types of mistreatment is the first step toward protecting your loved one.
- Physical Abuse: This involves the intentional use of force that results in bodily injury, pain, or impairment. It includes acts like hitting, pushing, or the improper use of physical or chemical restraints.
- Emotional or Psychological Abuse: This form of abuse includes verbal assaults, threats, harassment, and intimidation. Actions like isolating a resident from others or ignoring their needs can cause significant emotional distress, depression, and fear.
- Financial Exploitation: This involves the illegal or improper use of a resident’s funds, property, or assets. This may include forging checks, stealing cash or possessions, or coercing a resident into changing a will or power of attorney.
- Neglect and Abandonment: Neglect is the failure to provide the care necessary to maintain a resident’s health and safety. This is the most common form of mistreatment and often leads to serious health issues like bedsores, malnutrition, dehydration, and infections from poor hygiene.
These types of abuse frequently occur together, which is why a thorough investigation into your loved one’s care is essential.
Common Signs of Abuse and Neglect in Dallas Nursing Homes
Many residents in nursing homes are unable to speak clearly about what they are going through. Families play an important role in noticing changes that could point to abuse or neglect.
Signs may appear in a loved one’s physical condition, behavior, or the general state of the facility. When visiting a nursing home in Dallas or the surrounding area, staying alert to these warning signs can help protect the people you care about.
Physical signs often include bruises, cuts, or broken bones without a clear cause. Bedsores, especially on the back, hips, or heels, may signal that a resident has been left in one position for too long without proper care.
You may also notice poor hygiene, strong odors, or soiled bedding, which can reflect a lack of basic attention. A noticeable drop in weight might suggest that the resident is not receiving enough nutrition or hydration. Unsafe facility conditions, such as wet floors, poor lighting, or cluttered hallways, can increase the risk of falls or injury and may show a lack of proper maintenance.
Behavioral and emotional changes can also point to a problem. A resident who seems unusually quiet, fearful, or anxious around certain staff members might be reacting to mistreatment.
Sudden mood swings, depression, or signs of frustration may indicate emotional abuse or neglect. If staff try to stay nearby during your visit or make it hard for your loved one to speak privately, that could be cause for concern. Missing belongings or unexpected activity in financial accounts may also be signs of financial exploitation.
Not every change points to abuse, but these signs should never be dismissed. They may indicate larger problems that need to be addressed through questions, documentation, and in some cases, legal support.
Who Can Be Held Liable for Nursing Home Neglect in Texas?
Liability for nursing home abuse and neglect can extend beyond a single employee. In many cases, the facility itself is responsible for the systemic failures that allowed the harm to occur. A thorough investigation will identify all parties who may be legally accountable.
The Nursing Home Facility or Corporation
The facility has a legal duty to provide a safe environment and proper care. It can be held directly liable for its own negligence, such as:
- Negligent Hiring: Hiring staff with a history of abuse or without conducting proper background checks.
- Understaffing: Failing to maintain sufficient staff levels to meet the needs of all residents. This is a common problem that leads directly to neglect.
- Inadequate Training: Not providing staff with the necessary training to handle residents’ medical and personal needs.
These failures can create dangerous conditions for residents and form the basis for legal action when harm occurs.
Individual Staff Members
A specific nurse, aide, or other staff member who intentionally harms a resident or is grossly negligent in their duties can be held personally liable for their actions.
Third-Party Contractors
Many nursing homes rely on third-party providers for services such as therapy, maintenance, or food service. If an employee of a third-party company harms a resident, both the contractor and the facility might be held responsible. Identifying every party that contributed to the harm is key to a successful legal claim.
The Legal Process for Filing a Nursing Home Abuse Lawsuit in Texas
Pursuing a claim against a nursing home in Texas involves navigating multiple laws and procedural rules. These include strict filing deadlines, evidence standards, and burdens of proof. Working with an attorney who understands this area of law can make a significant difference in your ability to recover compensation.
Under the Texas Civil Practice and Remedies Code § 16.003, most nursing home abuse claims must be filed within two years of the injury or death. However, exceptions may apply based on when the harm was discovered or the capacity of the victim. If this deadline passes, the court may dismiss your claim regardless of how strong the evidence is.
In addition to filing a civil lawsuit, families may also report suspected abuse to the Texas Health and Human Services Commission (HHSC), which conducts separate investigations. While these do not result in financial compensation, they can uncover evidence that supports your legal claim.
How Our Dallas Nursing Home Abuse Lawyers Build a Strong Case
When you choose our firm, we begin a detailed investigation aimed at holding the facility accountable. This process includes gathering evidence, consulting with experts, and clearly presenting the facts of the case.
Comprehensive Investigation and Evidence Gathering
We start by collecting all relevant documents, including medical records, facility policies, and staffing schedules. We also interview witnesses and document the physical and emotional impact the abuse has had on your loved one and your family.
Working With Medical and Long-Term Care Experts
We consult with a network of medical professionals and nursing home care experts. These experts review the evidence to provide an objective opinion on whether the facility failed to meet the required standard of care and how that failure caused your loved one’s injury. Their testimony is often essential for proving negligence.
Negotiating With the Facility’s Insurers
After building a strong foundation of evidence, we present your claim to the nursing home’s insurance provider and begin the negotiation process with the goal of reaching a fair settlement. Many cases can be resolved at this stage without going to trial. Throughout the process, we handle all communication on your behalf so your family can concentrate on healing and moving forward.
Preparing for Trial
If a fair settlement cannot be reached, our experienced trial attorneys are ready to present your case in front of a jury in Dallas County. We prepare every case as if it will go to trial, which positions us to negotiate from a position of strength.
Types of Compensation Available in a Dallas Nursing Home Abuse Case
While no amount of money can erase the trauma of abuse, a successful legal claim can provide financial resources to cover expenses and offer a sense of justice. Under Texas law, your family may be able to seek compensation for a variety of damages.
Economic Damages
These are the measurable financial costs related to the abuse. They may include:
- Medical Expenses: The cost of hospital stays, doctor visits, and therapy needed to treat injuries caused by the abuse or neglect.
- Future Medical Care: The projected cost of any ongoing medical treatment or rehabilitative care.
- Relocation Costs: The expense of moving your loved one to a safer facility.
These damages are intended to restore the financial losses your family has faced as a direct result of the facility’s failure to provide proper care.
Non-Economic Damages
These damages compensate for the personal, non-financial harms your loved one suffered. They may include:
- Pain and Suffering: For the physical pain and emotional distress caused by the abuse.
- Mental Anguish: For the fear, anxiety, and trauma resulting from the experience.
- Physical Impairment or Disfigurement: For any permanent physical limitations or scarring.
In cases of extreme negligence, a court may also award exemplary damages, which are intended to punish the facility and deter similar conduct in the future.
Take Action with a Trusted Dallas Nursing Home Abuse Attorney
Discovering that a loved one has suffered in a care facility is heartbreaking. Families have a right to clear answers and accountability when a care facility fails to meet its responsibilities. Filing a legal claim can help your family recover financial compensation for the harm caused and may also lead to improved safety standards that protect other residents.
At Ferrer Poirot Feller, we are committed to guiding you through every step of the legal process. We listen to your concerns, investigate the facts, and work to hold negligent facilities responsible.
To speak with our legal team, call (888) 485-8844 or complete our secure online form for a free, no-obligation consultation. We are available 24/7, and you will not owe any fees unless we successfully resolve your case.