The Common Causes of Nursing Home Abuse in Las Vegas

August 12, 2023

Does Nursing Home Abuse Happen in Las Vegas?

As our loved ones age, we often find ourselves faced with the difficult decision of placing them in a nursing home. We trust these facilities to provide the care and attention our elderly family members need, but unfortunately, nursing home abuse is a distressing reality that affects many seniors in Las Vegas. Understanding the common causes of nursing home abuse and the legal recourse available is crucial in protecting our loved ones and seeking justice. Nursing home abuse can take various forms, including physical, emotional, sexual, and financial abuse, as well as neglect. These acts of abuse can cause significant harm to vulnerable individuals who rely on the care and support of nursing home staff. While each case is unique, there are several common causes that contribute to nursing home abuse in Las Vegas.

What Are Some Common Causes of Nursing Home Abuse?

1. Understaffing and Inadequate Training: Nursing homes often face staffing shortages, leading to overworked and overwhelmed employees. Inadequate training can also contribute to the mistreatment of residents, as staff may lack the necessary skills to provide proper care. 2. Poor Hiring Practices: Negligent hiring practices can result in the employment of individuals with a history of abuse or criminal behavior. Failing to conduct thorough background checks and reference checks can put residents at risk. 3. Lack of Supervision: Inadequate supervision allows abusive staff members to go unchecked, increasing the likelihood of abuse and neglect. 4. High Staff Turnover: Frequent turnover of nursing home staff can disrupt the continuity of care and lead to inconsistent quality of care. This instability can contribute to neglect and abuse. 5. Financial Exploitation: Nursing home residents are often vulnerable to financial exploitation, with staff members taking advantage of their access to personal and financial information. 6. Failure to Address Complaints: When nursing home residents or their families voice concerns or complaints, it is essential for the facility to take them seriously and investigate promptly. Failure to address these issues can perpetuate a culture of abuse and neglect.

What Are the Relevant Laws in Las Vegas?

In Las Vegas, nursing home abuse is governed by both federal and state laws. The federal Nursing Home Reform Act of 1987 sets forth the minimum standards of care that nursing homes must meet to participate in Medicare and Medicaid programs. These standards include providing necessary care, ensuring residents' rights, and maintaining a safe environment. At the state level, Nevada has enacted the Nevada Revised Statutes (NRS) that specifically address nursing home abuse. NRS 200.5099 defines abuse of an older person or vulnerable person, which includes acts such as physical abuse, neglect, exploitation, and isolation. This statute provides the legal framework for holding individuals accountable for their abusive actions. It is important to note that Nevada has a two-year statute of limitations for personal injury claims, including nursing home abuse cases. This means that individuals who have suffered abuse or their families must file a lawsuit within two years from the date the abuse occurred or when it was discovered.

How Big of a Settlement Can I Win?

The potential settlement amount in a nursing home abuse case depends on various factors, including the severity of the abuse, the impact on the victim, and the available evidence. Settlements can range from thousands to millions of dollars, with the aim of compensating the victim for their physical and emotional suffering, medical expenses, and other damages. It is important to consult with an experienced nursing home abuse attorney to assess the specific details of your case and determine the potential value of your claim. An attorney will guide you through the legal process, gather evidence, and negotiate with insurance companies or pursue litigation to seek the maximum compensation possible.

How Can an Experienced Lawyer Help?

Navigating the legal process surrounding nursing home abuse can be complex and overwhelming, especially when dealing with the emotional toll it takes on victims and their families. An experienced lawyer specializing in nursing home abuse cases can provide invaluable assistance in several ways: 1. Investigation and Evidence Gathering: A skilled attorney will thoroughly investigate the abuse allegations, gather evidence, and interview witnesses to build a strong case on your behalf. 2. Negotiation and Settlement: Lawyers experienced in nursing home abuse cases have the negotiation skills necessary to advocate for fair settlements with insurance companies or the nursing home facility. 3. Litigation: If a fair settlement cannot be reached, an attorney will be prepared to take your case to court and fight for your rights in front of a judge and jury. 4. Emotional Support: Dealing with nursing home abuse can be emotionally draining. An attorney can provide compassionate support, guiding you through the legal process while offering empathy and understanding. 5. Knowledge of the Law: An experienced lawyer will have a deep understanding of the relevant laws and regulations surrounding nursing home abuse in Las Vegas. They will ensure your rights are protected and fight for the justice you deserve. If you suspect nursing home abuse in Las Vegas, call High Stakes Injury Law at (702) 444-3228 for a free case review.