Updated
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, breach of contract, and intentional infliction of emotional distress. These claims often stem from poor personal care, lack of maintenance, neglect, and cruel or unprofessional staff.
In this article, our Las Vegas personal injury attorneys discuss:
- 1. What is nursing home abuse in Nevada?
- 2. Against whom can I bring a claim?
- 3. What damages can I recover?
- 4. What is the statute of limitations to sue?
- 5. What defenses will the nursing home fight back with?
- 6. Are nursing homes liable for COVID-19 deaths?
- 7. How do I report nursing home abuse in Nevada?
- 8. What other options are there besides suing?
1. What is nursing home abuse in Nevada?
Nursing home abuse is when an elder care facility resident suffers either:
- Physical abuse, such as beatings and other mistreatment;
- Neglect, such as inadequate access to food, water, medical care, clothing, shelter, and a safe, clean environment;
- Sexual abuse, such as drugging and raping the older person;
- Isolation, such as being cut off from all socialization; and/or
- Exploitation, such as a staff member misusing the resident’s finances or medicare funds.
A variety of factors may contribute to the abuse or neglect of elderly residents. These factors include, but are not limited to:
- Poor staffing decisions by the nursing home managers, resulting in unqualified staff or staff who have criminal and/or violent backgrounds (“negligent hiring and supervision”);
- Poorly trained caregivers without the skills to deliver proper care (“negligent personal care”);
- Too few nursing home staff members;
- Too few visits from – or professional negligence by – health care workers;
- Isolation of nursing home residents;
- Residents who are reluctant or fearful to report any wrongdoing;
- Negligent maintenance of the facility and grounds; and/or
- Negligent selection or upkeep of equipment.1
A common sign of potential nursing home abuse and neglect is when a resident develops bedsores. Had the staff re-positioned the resident enough, then no pressure sores should have formed.
Another common sign of nursing home neglect is malnutrition. Had the staff fed the resident enough and kept tabs on what he/she was eating, then the resident should not be malnourished.
And one of the most common signs of neglect in a long-term care facility is when the resident falls. Had the staff supervised him/her enough, the resident should not have had the opportunity to walk unaided.
Common causes of action in nursing home abuse lawsuits include negligence, battery, breach of contract, false imprisonment, and intentional infliction of emotional distress.
2. Against whom can I bring a claim?
The most common defendant in nursing home abuse cases is the nursing home itself. Plaintiffs may also be able to sue the individual staff members who inflicted the abuse. But the nursing home itself likely has much deeper pockets than any of its employees.
Depending on the particular injuries, other potential defendants include:
- Any doctors or nurses who serve the elder care home, if they caused the victim’s injuries (plaintiffs may also be able to bring a medical malpractice legal action);
- The company that cooks the food, if the food caused the victim to become ill; and/or
- The company that cleans the facility, if it used toxic products that injured the victim
3. What damages can I recover?
Depending on the claims, plaintiffs in nursing home abuse lawsuits can seek compensatory damages for:
- The resident’s medical expenses;
- Psychological counseling for the resident and family members;
- Pain and suffering of the resident and the family; and
- Any other out-of-pocket monetary damages
Should the case go to trial, plaintiffs can ask the court for punitive damages if the defendant acted in a malicious or particularly egregious way. Punitive damages can be far greater than compensatory damages.2
4. What is the statute of limitations to sue?
In most Nevada cases involving nursing home negligence, there is a two-year time limit to sue. The clock typically begins running after the injury occurs or after the injury is discovered.3 But there are situations where the statute of limitations may toll (pause), such as if a nursing home staff member purposely hid the injury from the victim’s family.4
In any case, families of nursing home residents should consult an attorney as soon as they become aware that their loved one is being abused or neglected. Bringing a civil cause of action and gathering evidence take time.
5. What defenses will the nursing home fight back with?
When facing lawsuits for elder abuse or neglect, nursing homes may try to make the following arguments as a defense:
- The allegations were fabricated by the nursing home resident or his/her family;
- The nursing home staff was acting in self-defense after the resident attacked the staff first;
- The nursing home provided adequate care according to industry standards;
- The resident’s injuries stemmed from preexisting conditions and age, not from the nursing home’s actions
Nursing home abuse causes not only physical injuries but also mental and emotional ones as well.
Typical evidence in these cases include:
- eyewitness accounts;
- medical records;
- photographs and video;
- expert testimony
6. Are nursing homes liable for COVID-19 deaths?
Families whose loved ones died or sustained injuries from the coronavirus pandemic in a nursing home facility may have a wrongful death claim against the nursing home for failing to implement the necessary preventative measures.5 Arguably, nursing homes are liable for not protecting their residents from COVID-19 by failing to:
- Outfit their staff with PPE (personal protective equipment);
- Practice necessary hygiene, such as frequent hand washing and sanitizing of residents’ rooms and communal areas;
- Social-distance the residents;
- Restrict visitors who were not tested for COVID-19;
- Bring sick patients to the ER in time;
- Administer available vaccines early enough6
7. How do I report nursing home abuse in Nevada?
To report suspected elder abuse in Nevada, contact Adult Protective Services (APS) of Nevada’s Aging and Disability Services (ADSD) at:
- Las Vegas/Clark County: (702) 486-6930
- Statewide/All other areas: (888) 729-0571
(If the elder faces immediate danger, then call 911.)
Note that APS used to be called EPS, for Elder Protective Services.
8. What other options are there besides suing?
In addition to reporting the abuse to Nevada’s Department of Health and Human Services (discussed in the previous section), people may file a police report. The police will then investigate the matter and may bring elder abuse charges against the liable parties. Potential penalties may include prison, fines, and victim restitution.7
Call our law firm for legal advice on your injury case. Our experienced Las Vegas nursing home abuse attorneys offer free consultations and case evaluations.
Was your loved one injured in a Nevada nursing home? Our nursing home abuse lawyers create attorney-client relationships and have law offices throughout the state of Nevada, including Las Vegas, Henderson, Reno, and more.
Disclaimer: Past results do not guarantee future results.
Legal References
- See, e.g., Estate of Curtis v. S. Las Vegas Med. Inv’rs, LLC, (2020) 466 P.3d 1263, 136 Nev. Adv. Rep. 39; see also NRS 41A.015.
- See NRS 42.005; NRS 42.007.
- NRS 11.190.
- NRS 41A.097.
- NRS 41.100.
- See, e.g., Darcy Spears, Nursing home nightmare leads to lawsuit against Life Care Center in Las Vegas, KTNV-13 ABC (August 27, 2020); see, e.g., Michael Scott Davidson, More than 80% of Nevada’s nursing homes failed to meet infection standards, Las Vegas Review-Journal (March 13, 2020).
- See, e.g., Vallery v. State, (2002) 118 Nev. 357, 46 P.3d 66.