An elderly woman rubs her temple to indicate pain. She may be experiencing nursing home abandonment in Texas.
A strong support network for your loved one may prevent nursing home abandonment.
By PIeRCE | SKRABANEK
PUBLISHED ON:
November 7, 2024
UPDATED ON:
November 22, 2024

Nursing Home Abandonment in Texas

Nursing homes are supposed to provide long-term supportive care. However, your nursing home choice can affect your loved one's health and happiness. In Texas, over 50% of nursing homes are rated 1-star or less when it comes to care. Furthermore, 95% of these homes report having more than one deficiency serious enough to cause residents immediate harm.

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Nursing home abandonment in Texas may be common, but we can hold negligent staff accountable. Our law firm provides specialized support for those with relatives needing constant care.

Pierce Skrabanek’s nursing home abuse lawyers help families seek the maximum compensation for their loved one's pain and suffering. Contact us today at (832) 690-7000 to schedule a free consultation with one of our experienced attorneys.

Legal Definition of Nursing Home Abandonment in Texas

Nursing home abandonment falls under the broader category of neglect in Texas. Neglect is the failure to provide adequate care, resulting in harm. Nursing home patient abandonment in Texas statistics show:

  • According to Crime Stoppers, around 5,000 cases of elderly abuse happen in the state of Texas every month.
  • Individuals with diminished mental or physical ability are more likely to experience severe abuse or abandonment.
  • The mortality rates of these elders are triple that of other older adults.

Nursing home abandonment happens when the caregiver or institution fails to respond to the resident’s critical needs. Here are some of the most common examples:

  • Residents do not receive food or water regularly.
  • Staff is not willing to relocate a resident or alter their bedding.
  • Staff refuses to help a resident with hygienic duties.
  • Staff withholds prescribed medicine or medical treatments.
  • Staff regularly abandons residents for long periods of unmonitored or unsupervised time.
  • When someone requests or needs help, the staff ignores them.
  • Residents experience unhygienic facilities or living standards.

The Texas Health and Safety Code governs the responsibilities of nursing homes and their caregivers. Failure to meet these standards exposes a facility to liability for any harm resulting from neglect or abandonment.

Abandonment in Nursing Homes: Why Does It Happen?

Several factors contribute to nursing home abandonment in Texas.

  • High staff-to-resident ratios: Many nursing homes operate with fewer hands than needed to care for residents fully. This often forces caregivers to prioritize certain residents over others.
  • Burnout: Nursing home staff tend to work long shifts with emotionally demanding responsibilities. Burnout is common and can lead to staff disengaging from their duties over time.
  • Inadequate training: Some nursing homes fail to train staff for residents' complex medical, emotional, or cognitive needs. Staff may feel unprepared, leading them to avoid or neglect those residents.
  • Low pay: Despite the demanding nature of their jobs, nursing home staff receive low wages. This can lead to dissatisfaction and subsequent abuse of residents.

While working in a nursing home is a demanding and draining job, this never excuses nursing home abandonment or other forms of elder abuse. 

If you suspect that your loved one is facing abandonment in a nursing home, contact our nursing home abuse attorneys in Texas. We can help you protect your loved one and hold the responsible parties accountable. We’ve obtained favorable client results and can do the same for you.

Recognizing Early Signs of Patient Abandonment in Texas Nursing Home Facilities

There are several warning signs of potential nursing home neglect or abandonment. Recognizing the signs early helps protect your loved one. They include:

Families can help prevent nursing home abuse of their loved ones by staying highly involved in their lives. Watch for sudden shifts in behavior, unexplained injuries, or signs of discomfort around staff as these could be warning signs. Building good relationships with the nursing home staff can also help prevent abuse. Having a strong support system gives your loved one a safe place to share any concerns.

What to Do if Your Loved One Has Been Abandoned in a Nursing Home

Any cognitive impairment may put our loved ones at risk of abandonment. It’s important to report any unusual behavior your loved one might display before severe negligence occurs. Contact us online or by phone at (832) 690-7000 if you suspect any underlying abuse behind abandonment.

State and federal laws protect Texas nursing home residents and state their rights to receive care without neglect or abuse. These rights include the right to quality care, the right to dignity and respect, and the right to complain.

Nursing Home Reform Act (NHRA)

Under the Nursing Home Reform Act (NHRA), nursing homes must provide quality care that meets residents' physical, emotional, and social needs. This includes medical care, daily activity, proper nutrition, and hygienic care. If they fail to do so, nursing homes may face liability.

Reporting Suspected Elder Abuse

Residents have the right to file complaints about the care they are receiving without fear of retaliation. If you suspect your loved one is experiencing abandonment or neglect, you have the option to report elderly abuse in Texas online or by phone. 

Pursuing a Legal Claim for Nursing Home Abandonment in Texas

You can hold a nursing home responsible for any harm that results when they fail to provide the necessary care and abandon a resident. Pursuing a legal claim for nursing home abandonment can help you seek justice for your loved one. The potential compensation can recover losses for any physical, emotional, and financial damages they have suffered.

Establishing Negligence

To succeed in a legal claim, you must demonstrate that the nursing home failed to provide necessary care to the resident. Sometimes, a natural decline in a patient's health may explain many symptoms of neglect. Our medical malpractice lawyers understand the unique challenges in nursing home cases and can gather the vital evidence needed. 

Abandonment in Nursing Homes: Texas Statute of Limitations

In Texas, the statute of limitations for filing a nursing home abuse or neglect lawsuit is typically two years from the incident date. Despite this, exceptions may apply. Consult our nursing home abuse attorneys as soon as possible to help ensure your case meets these necessary legal deadlines.

Wrongful Death

Tragically, nursing home abuse and neglect can lead to a patient’s early demise. In Texas, you might be eligible for wrongful death damages if you lost a loved one due to patient abandonment. The surviving family members might be eligible for lost benefits, damages for pain and suffering, expenses, and more.

Our compassionate wrongful death attorneys can evaluate your case and help you through this difficult time. We understand this cannot replace a loved one, but filing a wrongful death claim may help to bring your family closure. Schedule a consultation with our legal team today through our online form or call (832) 690-7000.

Contact Pierce Skrabanek: Nursing Home Abandonment Attorneys

Nursing home abandonment can devastate families and vulnerable residents. If a Texas nursing home has abandoned or neglected your loved one, you have the right to seek justice and hold the facility accountable.

We at Pierce Skrabanek dedicate ourselves to advocating for the rights of nursing home residents and their families. If you believe your loved one is a victim of nursing home abandonment, contact our team today at (832) 690-7000 for a free consultation. Together, we can take action to protect your loved one’s rights and pursue the compensation they deserve.

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