Nursing home abuse lawsuits in Nevada are civil actions against an elder care facility for causing physical or emotional harm to a resident. Common legal grounds include negligence, battery, false imprisonment, and intentional infliction of emotional distress. These claims often stem from poor personal care, lack of maintenance, neglect, and cruel or unprofessional staff.
Elder Care Homes & Potential Abuse
Many nursing home facilities provide beneficial and positive environments. There, elderly individuals can live a long and healthy life. Despite that they can no longer care for themselves full-time.
Unfortunately, there are exceptions. Older individuals may experience harm at these assisted living facilities. It can be physical, mental, and/or emotional. Every day brings new reports of abuse. These harms may be intentional and/or negligent acts by employees or owners.
Our caring Las Vegas Nevada personal injury lawyers stand up for the rights of older persons who have been abused at nursing homes in Clark County. If you or a loved one has been injured by abuse at an elder care home, you may be entitled to compensation for:
- Medical expenses;
- Psychological counseling;
- Pain and suffering; or
- Wrongful death.
What Constitutes Elder Care 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 nursing home staff members;
- Isolation of nursing home residents; and
- Residents who are reluctant or fearful to report any wrongdoing.
All too often residents experience physical abuse / elder abuse, sexual abuse, or nursing home neglect and lack of health care (such as bedsores / pressure sores).
Who is Liable?
A nursing home or long-term care facility may liable in various circumstances. Causes of action under Nevada law can include negligence, abuse, false imprisonment, or violating criminal statutes.
In addition, nursing homes and most staff must maintain certifications or licenses. Along with civil or criminal penalties, individuals may also face other violations. Such as related to their licensing, maintenance, and basic operation.
Elder home abuse victims may be able to bring:
- 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 Assisted Living Facility Abuse
There are four main situations nursing homes may be liable for:
- 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 memory care 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 resident;
- The owner or employees breached that duty owed to the resident;
- That the resident’s injuries were caused by the breach of duty; and
- That the owner’s or employee’s conduct caused the injuries to the elderly person.
A nursing home or long-term facility may also be liable for a breach of contract. Typically, when entering a 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 home.
COVID-19 and Retirement Homes
Coronavirus has swept through elder care homes throughout the state of Nevada. Many bereaved family members are hiring nursing home abuse lawyers to sue the facilities for negligence for not protecting their loved ones from the deadly virus. Had the facility limited contact between the residents and provided PPE to their staff, perhaps the residents would have remained uninfected.
Call our personal injury attorneys for help…
Have you or a loved one suffered from nursing home abuse in Las Vegas, NV or elsewhere in the state? Contact our law firm for legal advice and to discuss creating an attorney-client relationship.
Call us or fill out the form on this page. Our experienced Las Vegas nursing home abuse attorneys can discuss your nursing home negligence case during a free consultation.