Nursing Homes & Potential Abuse
The majority of nursing homes provide beneficial and positive environments where elderly individuals can live a long and healthy life when they can no longer care for themselves on a full-time basis.
Unfortunately, there are exceptions. Older individuals may experience harm - physical, mental, and/or emotional - at a nursing home or long-term care facility. These harms may be inflicted due to intentional as well as negligent acts by employees or owners of the facility.
Our caring Las Vegas Nevada personal injury lawyers stand up for the rights of elderly people who have been abused at nursing homes in Clark County. If you or a loved one has been injured by abuse at a Nevada nursing home, you may be entitled to compensation for:
- Medical expenses;
- Psychological counseling;
- Pain and suffering; or
- Wrongful death.
What Constitutes Nursing Home Abuse in Nevada?
A variety of factors have been shown to contribute to the abuse or neglect of the elderly resident(s). These factors include, but are not limited to:
- Poorly trained staff;
- Unqualified staff;
- Staff who have criminal and/or violent backgrounds;
- Too few staff;
- Isolation of residents; and
- Residents who are reluctant or fearful to report any wrongdoing.
Who is Liable?
A nursing home or other type of long-term care facility may be found liable in a variety of circumstances. Causes of action can include issues related to negligence, abuse, false imprisonment, or violating criminal statutes.
In addition, nursing homes and the majority of the staff are required to maintain certifications or licenses. In conjunction with civil or criminal penalties, individuals may also face violations related to their licensing, maintenance, and basic operation.
When an individual is subject to abuse or neglect, he or she may be able to initiate the following types of proceedings:
- A civil cause of action for monetary damages;
- A criminal prosecution; and/or
- An investigation by the proper protective services agency to get immediate relief from the abuse.
Monetary Compensation for Nursing Home Abuse
There are four main situations in which liability for nursing home abuse can result in Las Vegas:
- Negligent hiring and supervision;
- Negligent personal care;
- Negligent maintenance of the facility and grounds; and/or
- Negligent selection or upkeep of equipment.
A nursing home or other long-term facility may be held liable for negligence if the injured party can prove all of the following:
- That the nursing home had a duty to the injured resident;
- That the nursing home's owner or employees breached the duty of care owed to the injured resident;
- That the resident's injuries were caused by the breach of duty; and
- That the nursing home owner's or employee's conduct caused the injuries.
A nursing home or long-term facility may also be liable for a breach of contract. Typically, when entering a nursing home, the new resident will have a contract in place with the facility.
The contract will usually list provisions relating to services and costs. The abuse at issue may be contrary to promises made in the contract and the injured resident may have a breach of contract claim against the nursing home.
Call us for help...
If you or a loved one has suffered from nursing home abuse in Nevada, we invite you to contact our Las Vegas personal injury attorneys for a free consultation.
Our compassionate Nevada abuse lawyers fight for the rights of victims of nursing home abuse throughout Clark County.
Call us at 702-DEFENSE (702-333-3673) or fill out the form on this page to discuss your case at no charge with an experienced lawyer.