Worried about a nursing home in Austin: who to call and how to find a nursing home abuse lawyer
If you think someone is being hurt in an Austin nursing home, you can call the state at 800-458-9858. The Capital Area ombudsman program is at (512) 916-6054 and is free. Most legal claims must be filed within 2 years, with written notice 60 days first.
Last checked November 9, 2026 · Official sources (38)
Who do I call about a nursing home in Austin?
You do not need proof to speak up. If something feels wrong, that is enough to make a call. Anyone in Texas who has cause to believe a resident is being abused or neglected is required to report it.
| Who | When | How |
|---|---|---|
| 911 | Someone is in danger now. | Call right away. |
| Texas Health and Human Services | Abuse, neglect or poor care. | 800-458-9858, weekdays 7 a.m. to 7 p.m., or leave a message. Email: [email protected]. |
| Capital Area ombudsman | Help working out a problem with the home. | (512) 916-6054, or the state line at 800-252-2412. |
| The home's administrator | Day-to-day concerns. | Put it in writing and keep a copy. |
An ombudsman works for the resident, at no cost. The program acts with the consent of the resident or a representative, and releases nothing without permission of the resident or legal guardian. Complaints of serious abuse or neglect are sent on to the proper agency. The home also has its own duty: it must report allegations within 2 hours when abuse or serious injury is involved.
What are the signs of neglect in an Austin nursing home?
Every resident has a right to be free from abuse and neglect. Federal rules also set specific duties. Pressure sores should not develop unless they are clinically unavoidable. Homes must give supervision and devices to help prevent accidents and falls.
- New bruises, sores or broken bones with no clear story
- Sudden weight loss or signs of thirst
- Your loved one seems afraid of a certain person
- Calls not returned, or changing answers about what happened
Write down the dates, the staff names and what you saw on each visit. Take photos if your loved one agrees. Small notes made on the day often matter more than memories later.
What can I ask a nursing home in Austin to show me?
- Ask for the medical record. Access is due within 24 hours, not counting weekends and holidays.
- Ask for copies. These are due with 2 working days' notice.
- Ask to see the most recent inspection report. Families can also ask for the full survey.
- Check the home's Medicare star ratings for inspections, staffing and quality.
We did not find an official list of Austin nursing homes with their ratings on a city or county site, so use the Medicare tool. The ombudsman can also help you read what you find.
Did I give up my rights when I signed admission papers at an Austin nursing home?
Maybe not. A home cannot require arbitration as a condition of admission or continued care. You have 30 calendar days to cancel an agreement. Texas law also requires a boldface attorney warning on some of these papers, though the state's high court has said federal arbitration law can override that rule. Bring the papers to a lawyer.
How does a nursing home claim work in Austin?
A nursing home counts as a health care institution under Texas law, so the strict medical claim rules apply. Written notice goes out at least 60 days before a suit. The deadline is generally two years from the act or the end of treatment. The expert report has a 120-day deadline that starts when each defendant answers.
There are limits. Pain and suffering is capped at $250,000 per claimant for one institution, and death cases have a $500,000 base limit adjusted for inflation. If Medicare paid, Medicare is repaid out of a settlement. Most homes are insured, but ask who owns and runs the building.
If my parent in Austin can no longer decide, which court helps?
Travis County's probate courts establish guardianships for incapacitated persons and minors. They can also hear related lawsuits, including medical malpractice claims tied to an estate or ward. Ask whether a power of attorney already covers what you need.
If you have lost someone, we are so sorry. If the death may not have been natural, the Travis County Medical Examiner can answer questions at (512) 854-9599. Legal next of kin in the county are listed as an exception to the $25 autopsy report fee.
Questions
How long do I have to file a claim about an Austin nursing home?
Generally two years from the act or end of treatment. Notice must go out at least 60 days before suing.
Will my mother be punished if I complain?
A resident can complain without being punished for it. An ombudsman can help, and keeps matters confidential.
Who is the ombudsman for Austin?
The Area Agency on Aging of the Capital Area runs the program. Call (512) 916-6054.
Can I see the home's inspections?
Yes. Residents can see the most recent survey, and families can ask for the full report.
Nursing home abuse or neglect in Austin? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (38)
- Texas HHS, checked 2026-11-09. “Call 800-458-9858 to report complaints about the care or treatment of someone served by a Regulatory Services provider”
- Capital Area Council of Governments, Long-Term Care Ombudsman, checked 2026-11-09. “(512) 916 - 6054”
- Texas Long-Term Care Ombudsman, checked 2026-11-09. “Services are free, confidential and available statewide.”
- Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “within two years from the occurrence of the breach or tort”
- Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
- 42 CFR 483.10, checked 2026-11-09. “within 24 hours (excluding weekends and holidays)”
- 42 CFR 483.70, checked 2026-11-09. “must not require any resident or his or her representative to sign an agreement for binding arbitration as a condition of admission to”
- 42 CFR 483.70, checked 2026-11-09. “the right to rescind the agreement within 30 calendar days of signing it”
- 42 CFR 483.10, checked 2026-11-09. “without discrimination or reprisal and without fear of discrimination or reprisal”
- Texas Health & Safety Code 260A.002, checked 2026-11-09. “shall report the abuse, neglect, or exploitation in accordance with this chapter”
- Medicare.gov, checked 2026-11-09. “Anyone with knowledge or concerns about the care of a resident in a nursing home may file a complaint with their State Survey Agency.”
- Texas HHS, Complaint and Incident Intake, checked 2026-11-09. “Agents answer calls Monday through Friday from 7 a.m. – 7 p.m.”
- Texas HHS, Complaint and Incident Intake, checked 2026-11-09. “[email protected]”
- Capital Area Council of Governments, Long-Term Care Ombudsman, checked 2026-11-09. “The AAACAP Long-term Care Ombudsman Program provides advocacy and friendly support for people living in nursing or assisted-living facilities.”
- Texas Long-Term Care Ombudsman, checked 2026-11-09. “Call 800-252-2412 to speak with an LTC ombudsman in your area”
- Texas Long-Term Care Ombudsman, checked 2026-11-09. “ombudsmen only take action with the consent of the resident or their representative”
- Capital Area Council of Governments, Long-Term Care Ombudsman, checked 2026-11-09. “no information is released without permission of the resident or legal guardian.”
- Capital Area Council of Governments, Long-Term Care Ombudsman, checked 2026-11-09. “complaints involving serious abuse or neglect are referred to the appropriate agency.”
- 42 CFR 483.12, checked 2026-11-09. “not later than 2 hours after the allegation is made”
- 42 CFR 483.12, checked 2026-11-09. “The resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation”
- 42 CFR 483.25, checked 2026-11-09. “does not develop pressure ulcers unless the individual's clinical condition demonstrates that they were unavoidable”
- 42 CFR 483.25, checked 2026-11-09. “Each resident receives adequate supervision and assistance devices to prevent accidents.”
- 42 CFR 483.10, checked 2026-11-09. “upon request and 2 working days advance notice to the facility”
- 42 CFR 483.10, checked 2026-11-09. “Examine the results of the most recent survey of the facility conducted by Federal or State surveyors”
- Medicare.gov guide, checked 2026-11-09. “You can also ask for a copy of the full survey or the last complaint investigation report.”
- CMS, checked 2026-11-09. “There is one Overall 5-star rating for each nursing home, and separate ratings for health inspections, staffing and quality measures.”
- Texas Civ. Prac. & Rem. Code 74.451, checked 2026-11-09. “UNDER TEXAS LAW, THIS AGREEMENT IS INVALID AND OF NO LEGAL EFFECT UNLESS IT IS ALSO SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING”
- Texas Supreme Court, Fredericksburg Care v. Perez (2015), checked 2026-11-09. “We hold that the MFA does not apply to section 74.451”
- Texas Civ. Prac. & Rem. Code 74.001, checked 2026-11-09. “(J) a nursing home”
- Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “not later than the 120th day after the date each defendant's original answer is filed”
- Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “where final judgment is rendered against a single health care institution”
- Texas Civ. Prac. & Rem. Code 74.303, checked 2026-11-09. “the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant”
- CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
- Travis County, Probate Courts, checked 2026-11-09. “establishes guardianships for incapacitated persons and minors”
- Travis County, Probate Courts, checked 2026-11-09. “These ancillary cases cover a wide range of topics, from products liability to fiduciary litigation to medical malpractice to family law.”
- Travis County Medical Examiner, FAQ, checked 2026-11-08. “Deaths due to unnatural causes”
- Travis County Medical Examiner, FAQ, checked 2026-11-08. “You may also call the Medical Examiner's Office at (512) 854-9599 at any time with any additional questions.”
- Travis County Medical Examiner, Fee Schedule, checked 2026-11-08. “$25 for autopsy report | Everyone except JPs, interagency entities, Travis County legal next of kin”