Families trust nursing home staff to care for their aging loved ones with dignity and compassion. But that trust is broken all too often. According to a 2024 report from Texas Health and Human Services, nearly 150 cases of neglect and abuse posing an “Immediate Jeopardy” risk to patients were reported in just a three-month span. That includes allowing residents to leave facilities unsupervised and failing to care for injuries and wounds properly.
If you suspect a family member is being mistreated, a Dallas personal injury lawyer at Winocour Law is ready to listen and help you explore your legal options. Help is available from the caring and clinet-focused legal team at Winocour Law.
Meet Our Esteemed Trial Attorneys: We Take Abuse Seriously
Jonathan Winocour, Founder & Principal Attorney
Jonathan Winocour brings more than 20 years of litigation experience to cases involving nursing home abuse and neglect. Known for thorough preparation and strategic advocacy, he has secured millions in verdicts and settlements for clients in high-stakes injury and wrongful death cases. His work demonstrates a commitment to holding negligent parties accountable, whether they are individuals, corporations, or care facilities entrusted with the safety of vulnerable residents.
He is recognized as a National Trial Lawyers Top 100 member, a Diplomate of the National Institute of Trial Advocacy, and a frequent presenter at professional events. His ability to investigate systemic failures and present compelling evidence makes him a trusted advocate for families seeking justice for loved ones harmed in nursing homes.
Mike C. Miller, Of Counsel
Board Certified in Personal Injury Trial Law since 1989, Mike C. Miller has more than 35 years of trial experience, including numerous seven-figure verdicts and settlements in serious injury and wrongful death cases. His background includes handling cases where unsafe conditions, lack of proper supervision, or inadequate care caused life-changing harm — experience that translates directly to nursing home abuse and neglect litigation.
Known for meticulous preparation and persuasive courtroom advocacy, Mike has earned an AV rating from Martindale-Hubbell and is respected for his leadership in state and national trial lawyer organizations.
What Is Nursing Home Abuse?
Nursing home abuse happens when a resident is harmed because of deliberate mistreatment or careless neglect by staff, caregivers, or the facility itself. It isn’t always physical—abuse can also be emotional, financial, or sexual. Sometimes it’s obvious, like visible injuries. Other times it’s hidden, especially when residents are afraid to speak up, feel intimidated, or have memory or communication problems due to conditions like dementia.
Abuse can happen in many ways, and it’s important for family members to be alert to changes in a loved one’s appearance, mood, behavior, or financial situation. Even small changes can be red flags.
Common Types of Nursing Home Abuse and Their Warning Signs
Physical Abuse
This is any use of force that causes pain, injury, or impairment.
Signs include:
- Unexplained bruises, cuts, or broken bones
- Marks on wrists or ankles that may indicate the use of restraints
- Injuries that don’t match the staff’s explanation or seem to happen repeatedly
Emotional and Psychological Abuse
This includes verbal threats, humiliation, intimidation, or isolating a resident from others.
Signs include:
- Sudden withdrawal from activities they once enjoyed
- Fearfulness or appearing on edge around certain staff members
- Refusing to speak in front of caregivers, as though they’re scared of retaliation
Sexual Abuse
Any non-consensual sexual contact or behavior, including with residents who cannot give consent due to cognitive decline.
Signs include:
- Bruising or injuries in private areas
- Sudden fear of specific staff members
- Diagnosis of sexually transmitted infections (STIs or STDs) without an obvious explanation
Financial Exploitation
Stealing money, property, or taking advantage of a resident’s finances.
Signs include:
- Strange or large withdrawals from bank accounts
- Missing jewelry, cash, or personal items
- Unexplained changes to wills, deeds, or financial documents
Not All Signs are Obvious. Watch Out for These Hidden Signs
Not all abuse leaves obvious marks. Neglect—when staff fail to provide proper care—can be just as harmful as intentional abuse and may show up in more subtle ways:
- Bed Sores (Pressure Ulcers): These painful wounds develop when a resident isn’t moved or repositioned often enough. Left untreated, they can lead to life-threatening infections.
- Dehydration or Malnutrition: Dry mouth, cracked lips, sudden weight loss, or signs of fatigue can mean your loved one isn’t getting enough food or fluids.
- Poor Hygiene: Dirty clothing, unwashed hair or body odor can signal neglect in basic daily care.
- Untreated Infections or Wounds: Injuries or illnesses that seem to worsen instead of improving may indicate a lack of proper medical attention.
- Unsafe Living Conditions: Cluttered hallways, broken equipment, or soiled bedding can create dangerous and unhealthy surroundings.
Why These Signs Matter
Unusual signs, symptoms, or changes in behavior should never be ignored—especially in residents who may have difficulty speaking up for themselves. Acting quickly can stop the abuse, protect your loved one from further harm, and hold the abuser accountable. Even if you aren’t sure, it’s better to investigate and be wrong than to overlook something that could be serious.
4 Immediate Actions to Take if You Suspect Abuse
If you think your loved one is experiencing abuse or neglect, taking the following steps can help to stop the mistreatment and protect your loved one from further harm.
1. Prioritize Safety
If you think your loved one is in immediate danger—such as showing signs of physical injury, severe distress, or unsafe living conditions—remove them from the facility as soon as possible, if you can do so safely. This might mean arranging an immediate transfer to another nursing home, a hospital, or a trusted family member’s home. If you cannot move them right away, stay with them until help arrives and call 911 if necessary.
2. Document What You See
Keep detailed records of anything concerning. Take clear, time-stamped photos or videos of visible injuries, unsafe or unsanitary conditions, and any evidence of neglect such as soiled bedding or poor hygiene. Write down the date, time, and location of each incident, as well as the names of any staff present. Save copies of medical reports, prescriptions, or care notes that may indicate poor treatment.
3. Report the Suspected Abuse
File a complaint with the Texas Department of State Health Services—you can do this online, by phone, or in writing. Also report the abuse to Adult Protective Services (APS), which investigates abuse of vulnerable adults.
If a crime may have occurred, contact local law enforcement. When speaking to the facility’s management, be firm but avoid signing any documents or making recorded statements before consulting with an attorney, as this could affect your legal rights.
4. Consult an Attorney
Reach out to a Dallas nursing home abuse lawyer as soon as possible. An experienced attorney can review your evidence, request facility records, interview witnesses, and bring in medical experts to determine whether abuse or neglect occurred. They can also handle communication with the facility and insurers to protect you from intimidation or low settlement offers. Your lawyer will guide you on whether to pursue a civil lawsuit, file a complaint with regulatory agencies, or both.
What Texas Law Says About Nursing Home Abuse
Statute of Limitations
In Texas, most nursing home abuse lawsuits must be filed within two years. This two-year clock generally starts from either the date the injury or abuse occurred, or the date you first discovered—or reasonably should have discovered—the harm.
The “discovery” date is important because some injuries or neglect are not immediately obvious. For example, if a loved one develops bed sores over time or suffers an illness from ongoing neglect, you may not realize the nursing home’s role until a doctor makes the connection or medical records reveal lapses in care.
Proving the date often involves reviewing medical records, facility reports, and witness statements to show when the harm happened or when it became reasonably clear that abuse or neglect was the cause.
What to Do If You Miss the Deadline
If more than two years have passed, you may lose your right to file a lawsuit under Texas law. Courts are strict about these deadlines, but there are limited exceptions:
- Fraud or Concealment: If the nursing home or staff intentionally hid the abuse or altered records to prevent discovery, the clock may be paused until the misconduct is uncovered.
- Mental or Physical Incapacity: If the victim was mentally or physically unable to take legal action (and had no legal representative to act for them), the deadline may be extended.
- Delayed Discovery: In some cases, especially with illnesses or injuries that develop slowly, the statute may begin when the injury’s connection to abuse becomes reasonably clear—not when symptoms first appear.
These exceptions are rare and require strong evidence, so it’s critical to speak with an attorney as soon as you suspect abuse, even if you think too much time has passed. An experienced nursing home abuse lawyer can investigate whether an exception applies and explore alternative legal paths if a traditional lawsuit is no longer possible.
Who May Be Held Responsible?
In a nursing home abuse case, more than one party can be legally responsible for the harm caused. The nursing home facility itself—along with the company or individuals who own or manage it—can be held accountable if unsafe practices, poor training, or inadequate staffing contributed to the abuse or neglect.
On-site medical professionals, such as doctors, nurses, or aides, may also share responsibility if they failed to provide proper medical care, ignored signs of distress, or allowed injuries to go untreated.
In some situations, third-party contractors—like outside healthcare providers, cleaning crews, or maintenance staff—may have played a role if their actions or negligence caused harm.
Possible Compensation in Facility Abuse Cases
Depending on the facts of the case, families may be eligible to pursue damages related to:
- Medical Costs: Treatment required due to abuse
- Pain and Suffering: Physical and emotional trauma
- Wrongful Death: Funeral expenses and loss of companionship
- Punitive Damages: In cases involving intentional or egregious misconduct
While compensation can never undo the harm that has occurred, it can help cover costs, support recovery, and bring a measure of accountability.
Talk to a Dallas Nursing Home Abuse Attorney Today
For four generations, our firm has fought to protect Texans harmed by powerful institutions. These cases are often complex and emotionally difficult, but help, support, and empathy are available for families seeking answers and accountability.
If your family is facing one of these difficult cases, contact the firm local families rely on when the stakes are high to schedule a free case review with a Dallas personal injury lawyer today.
Frequently Asked Questions
How long do I have to sue a nursing home for abuse in Texas?
Generally, the deadline is two years from when the injury occurred or was discovered. Speak to a Dallas nursing home abuse lawyer yearly to protect your right to legal action.
What if my loved one can’t speak or remember what happened?
Unfortunately, this is common in elder abuse cases. But it shouldn’t stop you from seeking justice. Our attorneys gather evidence through patient records, witness interviews, and medical evaluations to build a strong case.
Will we need to go to trial?
Although many cases are resolved without trial, our team prepares every case as though it will go to court. When you enter negotiations with a strong position, you are more likely to reach a fair outcome.