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Tips on Bringing a Case Against a Negligent Las Vegas Nursing Home

During the twenty eight years that I have been a personal injury lawyer, the worst negligence cases I listen to are those involving Nursing Home Negligence. When I was a high school student nearly thirty years ago we were shown a film on the negligent care patients received in nursing homes and the resulting injuries. The stories I am told are horrific. The many Las Vegas Nursing Home Negligence cases my law partner Scott and I have worked on where loved ones were injured by careless nurses and nursing homes with too few nurses have been stomach turning. You and your family place your trust in the nursing homes and expect a reasonable level of nursing care, and enough nurses on staff to permit proper patient care. Call me, Jack G. Bernstein, Esq. with twenty eight years experience at 702-434-4444 or 1-888-529-4529 toll free, or my legal partner, Scott L. Poisson, Esq. with eighteen years of experience at these phone numbers and you will get us personally on the phone for a free consultation, or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

There are two good reasons to retain an Experienced Las Vegas Nursing Home Negligence Lawyer to make a case against a negligent Las Vegas Nursing Home

One good reason is to win money damages to compensate your family for the injuries and suffering the Negligent Nursing Home caused. Another good reason is to send a signal to the Negligent Las Vegas Nursing Home to let them know their lack of caring and Negligent Nursing home Care that results in severe personal injury to our family members will not be ignored. We need to stand up for the elderly and sick nursing home patients that can’t stand up for their own rights. It is important to prevent the same Las Vegas Nursing Home Negligence from injuring patients in the future. By bringing a claim against the Negligent Las Vegas Nursing Home and forcing them to pay money compensation and defend themselves, you will help to prevent this from happening in the future. When a Negligent Las Vegas Nursing Home is forced to pay a settlement for Negligent nursing care, their insurance company will raise their rates. That will cause the Las Vegas Nursing Home owners and management to more carefully supervise their nurses in the future, and cause them to provide more help and better procedures to avoid future patient injuries. Many times a Nursing Home insurance company will insist the nursing home improve their procedures, lay off a negligent nurse, or not renew a Negligent Las Vegas nursing homes insurance policy that continues to have nursing home negligence cases brought against them for Negligent Nursing Home care. When a Nursing Home’s Insurance policy costs more money the nursing home owner and manager will demand the nursing staff be more careful.

Retain a Las Vegas Nursing Home Negligence Lawyer with Experience

It is helpful to hire a Las Vegas Nursing home negligence lawyer experienced with Las Vegas Nursing Home Negligence cases. Nursing Home Negligence cases are handled in a similar fashion to Medical Malpractice cases. When handling a Las Vegas Nursing Home negligence case it is critical to know the time limit after which a lawsuit will be barred, also known as the statute of limitations is One Year. It can be longer under very limited facts up to several years if valid legal reason can be shown to the judge as to why the Las Vegas Negligent nursing home’s carelessness could not have been discovered, or that the Las Vegas Negligent nurse or negligent nursing home hid the facts showing negligence. It is very difficult to persuade the District court Judge to extend the one year limitation period. The statute of limitation is a dead end date which means the Las Vegas negligent nursing home case must be settled or a lawsuit filed within one year from the date of the Las Vegas nursing home negligence that caused the injury. If your Las Vegas Nursing Home Negligence lawyer files the lawsuit after one year, the Nursing home’s Defense attorney will file a legal defensive document which will include an “affirmative defense” and ask the judge to dismiss the case from court.

Nursing Expert Affidavit Required under Nevada Law

To file a case against a Negligent Las Vegas nursing home, your personal injury lawyer must have the relevant medical charts from the nursing home. Frequently medical records from prior and subsequent hospital and nursing home admissions are needed to figure out the big picture of whether the Las Vegas nursing home was negligent and whether their negligence led to the injuries. (To move your case faster, it helps to give a copy of the medical records to your Las Vegas Nursing Home negligence lawyer). The negligent nursing home’s medical records have to be read by an expert nurse or doctor for them to analyze whether they include information that show the nursing care was beneath the reasonable standard of care (which means how a reasonably careful nurse would have taken care of the patient) in the Las Vegas medical community. If the nurse who studies the medical records thinks the Las Vegas Nursing home was negligent, he or she will sign an affidavit in support of our claim that the Las Vegas nursing home was negligent. The affidavit that lists out the Las Vegas Nursing Negligence must be attached to the complaint when it is filed in the Las Vegas Court or the judge will be forced to dismiss the case against the negligent Las Vegas Nursing Home. If the judge dismisses the case and the one year statute of limitation has run, your Las Vegas personal injury Lawyer will not be allowed to proceed forward with the case.

Keep an eye out for Las Vegas Nursing Home Negligence

Keep an eye out for bedsores caused by Las Vegas nursing home negligence. Most times the development of a bedsore falls below the reasonable care standard. There are four stages of Bed sores. The nurses need to move patients who are not able to move themselves every couple of hours to avoid development of a bedsore. Bed sores are also known as pressure sores. After the skin begins to bruise and become red, the bedsore is usually considered stage one. Stage four bedsores cause the most pain and can extend down to the bone. Following the start of a bedsore it becomes difficult to heal them. Often the medical care needed to heal the stage four bedsores is debridement by a doctor who must cut away dead skin to help the bedsore get better. Take photos of the injuries or the bed sore to help us present your case.

Be on the lookout for your family member falling. A fall is another sign of a Negligent Las Vegas Nursing home. Patients that cannot walk easily are known as fall risks and must be carefully cared for and assisted when getting out of wheelchairs and beds or when being helped on and off the toilet. They need close assistance by the nurses to prevent falls. The failure to assist these type of patients often results in broken hips and fractures, including severe head injuries and ultimately resulting in the patient passing away. Repeated falls by the same patient reveals a pattern of Negligent Nursing Home Abuse. My Law Partner Scott and I have handled Las Vegas nursing home Negligence cases where the Nursing Home staff dropped the patient while moving them between wheelchairs and beds, assisting them from the toilet and transferring them onto the bed for transport to other medical facilities. We have handled cases where the Las Vegas Negligent Nursing home failed to put the bedrails up resulting in the patient falling out of bed.

Be on the lookout for a patient choking to death. If the nursing home was aware the patient was at risk for swallowing difficulty and the staff gave food that was to large to be swallowed often that would be a sign of Las Vegas nursing home negligence. Also pay attention to a diagnosis of dehydration or starvation from malnutrition. A Las Vegas nursing home is negligent if they fail to properly nourish a patient even if the patient didn’t voluntarily want to eat.

Avoiding a Las Vegas Nursing Home From Injuring Your Family

Visiting your family member frequently at the Nursing Home lets the Nursing Home’s employees know you have concern for the safety and well being of your loved one which can help to get them to pay more attention.

Nevada’s government will conduct an investigation of a negligent Las Vegas Nursing Home where significant injury or death is caused. The department of health will have a case worker which licenses Las Vegas Nursing Homes issue a report documenting the Las Vegas Nursing Home Negligence.

The Las Vegas Nursing Home Negligence Lawyers on our staff have extensive experience working on cases against Negligent Las Vegas Nursing Homes. A personal injury lawyer from our law office will discuss what happened to you or your family member. We work on a contingency agreement meaning we get paid our attorney fees only if we win against a Las Vegas Nursing Home which was negligent.

A Las Vegas Personal Injury Lawyer from Jack Bernstein and Associates also known as Bernstein and Poisson can only be your lawyer for the Las Vegas Nursing Home Negligence case if we have our agreement signed first which is required by law. If the person injured by the Las Vegas Negligent nursing home understands what is going on, they can sign the agreement allowing our personal injury lawyers to work on your case. If the injured person is not coherent, whoever holds a power of attorney will sign the agreement for us to represent the case. Without a power of attorney we will need to bring a case in court to appoint a person as the guardian who will then be allowed to sign our contract. We will assist you with getting that accomplished.

It is not a good idea to handle your own Las Vegas Negligent nursing home case directly with the insurance representative who might want to settle for the Las Vegas Nurses Negligence. It helps to have a Las Vegas personal injury lawyer with experience working on Las Vegas Nursing Home Negligence matters work on the case. Most of the time the insurance adjuster handling a Las Vegas nursing home negligence case is highly proficient and will try to pay as little money as he or she can or make no payment at all. The main reason an insurance company for a Las Vegas Negligent nursing home pays out a settlement is they are concerned that an experienced Las Vegas Nursing Home Negligence Lawyer will bring a lawsuit against them in the Las Vegas District Court, forcing them to pay defense lawyers hundreds of dollars an hour and thousands of dollars every month until the case ends. I was in a court ordered settlement conference with a Clark county judge during the week of September 2011, and he told us of a Las Vegas malpractice and negligence case that had taken nineteen years and was not over. (Luckily for our client, we settled our case at mediation, under a confidentiality agreement preventing me from disclosing the facts or amount of settlement).

The Federal Government under Federal Medicare laws will collect money paid out to care for the injury caused by a Las Vegas nursing home that is negligent. Medicare has a formula written into the law under which they calculate the repayment required. The money Medicare takes out of the settlement is reduced by the same percentage that you must pay our firm for the attorney fees to fight against the Las Vegas Nursing home negligence. They give an additional reduction for the money we spend to fight the case known as costs, which includes the nurse expert fee, court filing fees and any other cost we write a check to help fight your case. If someone dies due to a Las Vegas nursing home which was negligent the deceased person’s estate may be required under Federal Law to pay back money paid by the Medicare program over the person’s lifetime.

If someone dies as a result of a Las Vegas nursing home that is negligent the lawsuit needs to get filed in court within one year. The” heirs” as set forth under Nevada Intestate law (where someone dies without a will) are allowed under the Nevada wrongful death law to get paid money for the grief and loss of their loved family member. Many considerations are used to calculate what someone is entitled to as a result of a Las Vegas Negligent nursing home that causes a persons death. You need simply to be aware that it requires an experienced personal injury lawyer who knows Las Vegas Nursing Home negligence cases to win you the most money possible. Spouses and children are defined as “heirs” under the Nevada Wrongful Death statute.

I wrote this article to provide you with some knowledge of the difficulties involved in fighting and winning a Las Vegas Nursing home negligence case so you understand how critical it is to retain an experienced Las Vegas Nursing Home Negligence Lawyer to help you fight for justice. Call me, Jack G. Bernstein, Esq. with twenty eight years experience at 702-434-4444 or 1-888-529-4529 toll free, or my legal partner, Scott L. Poisson, Esq. with eighteen years of experience at these phone numbers and you will get us personally on the phone, or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it to further discuss the facts and circumstances of your case. Our initial consultation is free. We get paid only if we win money for the Las Vegas Nursing home’s negligence. If we don’t win money you do not pay any attorney fees.