A nursing home should be a place of safety and care for your loved one. Unfortunately, nursing home neglect and abuse, resulting in severe harm and injury to your family member, is a real possibility. Nevada is one of many states in the United States where nursing home abuse and neglect are significant issues. In 2022, Nevada’s Aging and Disability Services Division documented more than 8,200 reports of vulnerable adult abuse, with 241 cases involving nursing homes in Clark County, including Las Vegas.
If you or a loved one has been the victim of nursing home neglect or abuse in Nevada, it’s critical to understand your legal options. Read below as our De Castroverde Personal Injury & Accident Lawyers team explains what nursing home neglect and abuse are, the potential injuries that can occur, and when and why hiring a personal injury attorney may benefit your case.
Did you know? The National Center on Elder Abuse estimates that one in 10 senior citizens in nursing homes will suffer abuse or neglect.
According to Nevada State Law, neglect is the intentional or unintentional failure of a nursing home facility or its staff to provide the necessary food, shelter, clothing, personal hygiene services, or medical care for an elderly or vulnerable person’s physical or mental health. It typically occurs when staff members don’t ensure residents receive basic and essential services, such as food, fluids, medications, and a sanitary living environment. Understaffed facilities, poorly trained staff, and lax supervision are frequent causes of nursing home neglect.
In Nevada, nursing facilities must meet a standard of care. Failure to meet that standard can result in the facility being liable for neglect.
Nursing home abuse is the intentional infliction of harm on a senior citizen or someone over 65 residing in a licensed nursing home, long-term living facility, rehabilitation center, or receiving inpatient hospice care. It includes the willful and unjustified infliction of suffering, harm, or mental anguish and the deprivation of necessities like food, clothing, shelter, or services necessary to maintain the senior’s physical or psychological well-being. Most nursing home abuse cases involve a facility staff member mistreating a defenseless patient.
There are five main types of nursing home abuse, which include the following:
Physical abuse is using force or violence against an elderly resident, resulting in bodily harm or injury. It can include striking, pushing, restraining, or excessive force during medical procedures. The presence of bruises, wounds, broken bones, or other unexplained injuries can signify physical abuse.
Sexual abuse refers to any inappropriate sexual behavior or contact with an elderly resident. Inappropriate touching, coerced nudity, and sexual assault are a few examples of sexual abuse in nursing homes. Changes in behavior, genital infections, and physical injuries all indicate this type of abuse.
Psychological or emotional abuse involves actions, words, or gestures that inflict mental discomfort, distress, or pain on an elderly resident. Harassment, threats, or coercion are examples of emotional abuse in nursing homes. Anxiety, depression, withdrawal, or sudden behavior changes are all warning signs of emotional abuse.
Financial abuse or exploitation is the unauthorized or unlawful use of an elderly resident’s money, assets, or property. Financial abuse in nursing homes can take the form of theft, check fraud, or unauthorized credit card use. Unjustified withdrawals, lost personal belongings, or abrupt changes in a resident’s financial situation indicate financial abuse.
Isolation involves physically restraining or purposefully preventing a nursing home resident from receiving visitors, mail, or phone calls. Examples include telling a visitor or caller that the resident isn’t present and doesn’t want to speak with or meet with them while knowing that the statement is false or goes against the resident’s wishes.
Did you know? In 2021, the largest group of elder abuse, neglect, and exploitation victims in Nevada was those between the ages of 75 and 84.
Nursing home abuse and neglect have the potential to cause damage in many ways, including the following injuries:
Neglect and abuse in nursing homes can also have a negative emotional and psychological impact, causing your loved one to feel depressed and anxious.
If you suspect that you or someone you know is experiencing nursing home abuse or neglect, contact the appropriate authorities and an experienced personal injury attorney.
The law guarantees nursing home residents the right to reasonable care and the freedom from exploitation and abuse in their nursing home or long-term care facility. As soon as you have reason to believe that your loved one is suffering mistreatment or neglect in a nursing home, you should discuss your legal options with a seasoned attorney who focuses on nursing home neglect cases.
A knowledgeable Las Vegas nursing home neglect and injury lawyer can help you navigate the legal system by analyzing your case, determining who might be at fault, and choosing the best action to take to protect your loved one and maximize your compensation. Hiring a lawyer can also assist you in ensuring the nursing home is held responsible for its actions and doesn’t allow similar future incidents.
Our team of highly experienced attorneys has had the privilege of assisting many clients throughout Nevada with cases of nursing home neglect and abuse. We understand the complexities of these cases and handle each with the utmost professionalism, extensive knowledge of Nevada personal injury law, and unwavering dedication.
At De Castroverde Personal Injury & Accident Lawyers in Reno and Las Vegas, we’re here to fight tirelessly on your behalf and manage every aspect of your nursing home neglect claim. For a free consultation, contact us online or call us at 702-919-6158.
In addition to nursing home abuse and neglect, De Castroverde Accident & Injury Lawyers have expertise across a variety of personal injury cases, including:
An experienced car accident attorney can help you understand the legal aspects of your crash and make certain you get the compensation you deserve.
Our attorneys have years of experience in handling slip and fall cases and will work carefully with you throughout your claim.
Wrongful death actions result when one person’s actions lead to the death of another person. These cases are often time-consuming and expensive.
Personal injury cases are filed when a person has seen their life negatively impacted by preventable actions taken by another party. In car accident cases, this means that the at-fault driver has to provide compensation to the impacted party. In cases of nursing home injuries, the nursing home is the at-fault party when a resident is injured in an avoidable situation.
Some situations that can led to a personal injury case include:
Nursing homes must be held responsible for the care of their residents, and must be held accountable when their residents get hurt. When a nursing home agrees to take care of a resident they sign a contract. By failing to to fulfill their end of the deal they can be found liable in a court of law. Their negligence can cost them in compensation and damages.