Was a loved one hurt in or around a nursing home? Call (210) 996-2237 for a free consultation with Caquias Law Group, PLLC. Se habla español.
If a loved one was hurt at a nursing home or assisted living facility: make sure they get medical care, write down what you see and when, take photos, and ask the facility for an incident report. If anyone is in immediate danger, call 911. You can also report concerns to the state (numbers below).
Texas treats many claims against nursing homes as health care liability claims under the Texas Medical Liability Act (Tex. Civ. Prac. & Rem. Code ch. 74). That includes many claims about how a resident was cared for, supervised, or protected. Those claims have special notice and expert report requirements.
Some injuries in and around care facilities follow different rules. The Texas Supreme Court has held that a claim is not a health care liability claim just because it happened at a health care facility. There must be a substantive connection to the care or safety standards that apply to health care (Ross v. St. Luke’s Episcopal Hosp., 462 S.W.3d 496 (Tex. 2015)).
Whether a particular injury falls inside or outside the health care liability rules depends on the facts, so it helps to have the situation reviewed early.
Most personal injury and wrongful death claims in Texas must be filed within two years (Tex. Civ. Prac. & Rem. Code § 16.003). Different deadlines and requirements can apply to health care liability claims and to claims involving government-run facilities, so do not wait.
If a loved one was hurt in a transport crash or by a defective product or device in San Antonio, Harlingen, or the Rio Grande Valley, call (210) 996-2237 (San Antonio) or (956) 435-7789 (Harlingen) for a free consultation. No fee unless you win.*
Not always. Under the Texas Medical Liability Act, many injury claims against nursing homes are treated as health care liability claims, which come with special notice and expert report requirements. Claims about how a resident was supervised or protected are often treated this way. But a claim is not a health care liability claim just because the injury happened at a health care facility. There must be a real connection to the care or safety services the facility provides. Because the rules and deadlines differ, it helps to have the situation reviewed early.
In Texas, a negligence claim generally requires duty, breach of duty, causation, and damages. If you have documented damages caused by someone else’s negligence, you may have a claim. Other factors also matter, including filing deadlines, how fault is divided among the parties, and the insurance coverage available.
You’ll have a free consultation with Caquias Law Group, PLLC. Our office will review the facts and evidence. If you and the firm agree to move forward, a written fee agreement may be signed.
Your case is handled by Caquias Law Group, PLLC’s attorney and staff under your written fee agreement, and you’ll know who to contact with questions.
It depends on the injuries, the length of treatment, and how the insurance company responds. Some claims resolve in a few months; others take a year or more, especially if a lawsuit is filed. Either way, the client always has the final say on whether to settle.
The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Caquias Law Group, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. Past results and client testimonials do not guarantee a similar outcome; each case is different. Read More
Attorney responsible for the content of this website: Tomas A. Caquias of Caquias Law Group, PLLC. Principal office: San Antonio, Texas.
*Attorney's fees and case costs are governed by the client's written fee agreement.
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