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Importance of Making a Case Against a Negligent Pahrump Nursing Home

For more than twenty eight years during which I have practiced personal injury law, the most shocking cases I listen to are the ones resulting from Nursing Home Negligence. When I attended high school approximately thirty five years ago (I am 52 in 2011) we watched a movie about the negligent care nursing home patients received at nursing homes and we saw the abusive treatment and injuries that were caused. The stories of abuse are shocking and sadening to me of patients being dropped, developing bedsores and being neglected. The Nursing Home Negligence claims my legal partner Scott and I have handled where family members have suffered injuries due to nurses that are careless and nursing homes which do not provide enough nurses have been terrible. We put our trust in nurses and nursing homes and rely on them to provide nursing care which is reasonbly careful and for the nursing homes to have on staff a sufficient number of nurses to allow reasonably careful care of their patients. Call me, Jack G. Bernstein, Esq. with more than twenty eight years of personal injury and nursing home neglience experience at 702-434-4444 or 1-888-529-4529 (toll free), or my law partner, Scott L. Poisson, Esq. with more than eighteen years experience with nursing home negligence cases and we will personally discuss the facts on the phone and provide a free consultation, or email us now 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

Here are two Important reasons to hire an experienced Pahrump Nursing Home Negligence Lawyer to bring a claim against the negligent Pahrump Nursing Home:

One important reason to bring a claim is to recover an award of money to give compensation to you and your family for the personal injury and resulting suffering the Negligent Nurse and Negligent Nursing Home caused. A second important reason to make a case is to send a strong signal to the Negligent Pahrump Nurse and Nursing Home letting them know that their indifference and Negligent Nursing home Care that caused severe bodily injury to our loved ones will not be tolerated. We must fight for the elderly and sick nursing home residents who cannot fight for themselves. Enforcing the elderly nursing home patient's rights will help prevent the Negligent Nurse and the Negligent Pahrump Nursing Home from causing injury to their future patients. Hiring our personal injury lawfirm to bring a case against the Negligent Pahrump Nurse and Nursing Home will force them to pay money damages to you and your family. It will require them to pay money to a defense lawyer. By bringing your case you will help deter future Negligent care by this nurse and the negligent Pahrump nursing home. By forcing the Negligent Pahrump Nursing Home to pay a money settlement for the Negligent nursing care they provided, their malpractice insurer will increase the cost of their insurance policy. The Negligent Pahrump Nursing Home's owners and managers will care more about superving the nursing staff in the future, and it will result in them providing additional nurses and improve the nursing home guidelines reducing future injury to their patients. Nursing Home Malpractice insurance carriers may require the Pahrump negligent nursing home to review and make improvement to the procedures they follow in caring for patients. Or they may require a negligent nurse to leave the nursing home or refuse to renew the Negligent Pahrump nursing home malpractice insurance policy if they continue to have nursing home negligence cases brought against them. If a Nursing Home has their malpractice Insurance policy expense increase the Pahrump nursing home owners and managers will require the nurses and managing staff to take better care of their patients.

Pahrump Nursing Home Negligence Lawyer's with Experience

It is beneficial to retain a Pahrump Nursing home negligence lawyer with experience in handling Pahrump Nursing Home Negligence claims. Nursing Home Negligence cases are worked on in a similar way to Medical Malpractice claims. When a personal injury lawyer works on a Pahrump Nursing Home negligence case it is of utmost importance that the time limit be known. There is a one year statute of limitation under Nevada law that applies to all Pahrump Negligent nursing home cases. Once the year is gone a lawsuit against the neligent nursing home is not permitted by law. The one year may be extended under extremely limited circumstances up to several years if a permissible legal excuse can be presented to the judge showing the reason why the Pahrump Negligent nursing home's carelessness was discovered, or demonstrating that the Pahrump Negligent nursing staff or negligent nurse hid the circumstances which showed the Pahrump nursing home was negligent. It is hard to convince the District court Judge to allow a lawsuit against the nursing home to continue beyond the one year. The limitation statute is an end date meaning the case must be settled or a lawsuit filed in court within that one year against the Pahrump negligent nursing home. If a lawsuit is filed against a Pahrump Nursing Home which was negligent after one year, the Defense lawyer for the nursing home will file a legal motion which will include "affirmative defenses" stating that the time period to bring the lawsuit has passed forcing the judge to throw the case out.

Nursing Expert Affidavit Required Under Nevada Law

Bringing a claim against a Negligent Pahrump nurse and nursing home, requires the personal injury lawyer to first review the medical records from the Pahrump nursing home. Typically the medical documentation from previous hospital and nursing home admissions and subsequent hospitals and nursing homes will need to be reviewed to analyze whether the Pahrump nursing home was negligent leading to the the injury. (To speed your case up it is helpful to provide a copy of your medical records to the Pahrump Nursing Home negligence lawyer). The medical chart then needs to be studied by an expert nurse to decide whether there is sufficient evidence to prove the nursing care was below the reasonable standard for nursing care in the Pahrump medical community. If the nursing expert who reads the medical charts believes the Pahrump nurse or Nursing home was negligent, an affidavit will be signed supporting the claim of the Pahrump nursing home's negligence. The affidavit listing the Pahrump Nursing home Negligence should be filed in the Nye County Court with the Malpractice complaint or the District judge's hands will be tied and the lawsuit will be thrown out of court and the negligent Pahrump Nursing Home will not have to pay for the injury they caused. Once the District court judge throws out the lawsuit, and hte one year statute of limitations has run, your Pahrump personal injury Lawyer will not be allowed to proceed with the case.

Be Alert for Pahrump Nursing Home Negligence

Be alert to bedsores which result from a Pahrump nursing home's negligence. Most of the time when a bedsore develops it is because the nursing care falls beneath the standard of reasonable nursing care in the community. Four bed sore stages exist. The nurse needs to shift a patient who is unable to move their own body approximately every two hours to prevent a bedsore from developing. Bed sores are also called pressure sores. Once a bruise begins on the skin and it becomes red from pressure beween the bed and the skin, the bedsore is considered a stage one. The fourth stage bedsore results in the worst pain and extends deep into the muscle and may reach the bone. After a bedsore begins it becomes hard to heal it. To heal a stage four bedsore the doctor will perform a procedure called debridement where dead skin is removed to promote healing. It is super important to photograph the bed sores or any injury to help us present the evidence in settlement negotiations and in trial.

When a patient at a nursing home suffers a fall the resulting injury is usually serious. Elderly patients are dependent on the nurses to prevent them from falling. Be attentive to a fall by your relative. It is an indication that there was Negligence at the Pahrump Nursing home. A patient who cannot walk easily is known as a fall risk and must be helped carefully when they get in or out of the bed, the wheelchair or when going to the toilet. Elderly patients who can't walk well need to be closely assisted by the nurses and the nursing home staff so they don't fall. Failing to help patients who can't walk well typically results in a broken hip, fractured bones, severe head injury and may result in the patient's death. If the same patient has fallen more than one time, Negligent Nursing home care might have been the cause. My legal Partner Scott and I have handled nursing home Negligence claims where the Negligent Nurse and negligent Nursing Home staff dropped the patient when shifting them between the wheelchair and bed, when helping move them both on and off the toilet and when transferring them onto a bed to drive them to another medical facility. We have worked on claims where the Negligent nurse and Nursing home neglected to raise the bedrails causing the patient to fall out of bed and suffer injuries.

Be alert to a patient choking on food causing death. When the nursing home is informed that the patient has swallowing difficulties, they need to give food that is easy to swallow. If food is too large resulting in injury, that can be a sign of the Pahrump nursing home being negligent. If you are told your family member died from dehydration or starves from malnutrition, there was likely nursing home negligence. A Pahrump nursing home can be forced to pay for their negligence if they don't nourish their patients, even where the patient refuses to eat.

Avoiding an Injury at the Pahrump Nursing home

Frequent visits to the Pahrump Nursing Home will keep the Nurses and the nursing home staff aware that you are concerned for the health and safety of your family member resulting in them being more attentive to their needs.

When a serious injury occurs at a nursing home the Department of Heath will ask a case worker to investigate the nurse and the nursing home and issue a report documenting their findings. The Nevada government will look into a Pahrump nurse or nursing home that is negligent and take away their license under certain circumstances.

Our Firm Has Extensive Personal Injury Experience

The Pahrump Nursing Home Negligence Lawyer staff at our personal injury law office has a lot of experience helping win cases against Negligent nurses and Nursing Homes. We will have a personal injury lawyer from our law firm discuss the facts of your case. We get paid under a contingency contract which means we only get paid if we win your case against a negligent Pahrump nurse or Nursing Home.

A Pahrump Personal Injury Lawyer from Jack Bernstein and Associates also known as Bernstein and Poisson is only permitted to represent you for the Pahrump Nursing Home Negligence claim if you first sign our Nevada Bar association standard agreement. If the person who suffered the injury due to the negligence of the Pahrump nursing home is coherent, they should sign our agreement which permits our personal injury lawyers to handle the nursing home negligence claim. If the person suffering the injury is not aware of what is going on, the person holding the power of attorney then signs the agreement allowing our Pahrump personal injury lawyers to handle the case. If there is no power of attorney you will need to bring an action in the District Court to have the judge appoint a guardian over the person who will sign the agreement. We will help you with that.

Reasons Not To Handle Your Own Pahrump Nursing Home Case

You should not attempt to handle your own Pahrump Negligent nursing home case with the insurance adjuster who could try and settle for the Pahrump Nurse or nursing home's Negligence. It is very helpful to use a Pahrump personal injury lawyer with extensive experience handling Nursing Home Negligence cases, as our office does. Typically an insurance representative who is handling a Pahrump nursing home negligence case is well versed in claims handling and will attempt to pay the least possible money or pay nothing at all. The central reason an insurance adjuster will pay a money settlement is they have concerns that an experienced Pahrump Nursing Home Negligence Lawyer will bring a legal action against them in the Nye County District Court, causing them to pay defense lawyers many hundreds of dollars an hour and many thousands of dollars each month until the case is over.

Recently during a settlement conferance ordered by the Judge during the month of September 2011, we discussed a Pahrump malpractice personal injury case that had been fought for nineteen years and was continuing. (Luckily on our malpractice case, we were able to settle at the mediation conferance with terms requiring the settlement to remain confidential which prevents us from disclosing the terms or money agreed upon).

Federal Medicare law requires the reimbursement to the Government for moneys paid out for injuries caused by a negligent Pahrump nursing home. Medicare has a legal right pursuant to Federal law to seek repayment for the money paid to medical providers due to a negligent nurse or nursing home. Medicare will reduce the amount they seek to recover out of your settlement by the identical percent of attorney fees you pay us to win the case against the Negligent Pahrump Nursing home. The money reimbursed is also reduced by the cost money we pay out to win your case including court fees, deposition fees and expert witness fees. When a person dies as a result of a negligent Pahrump nursing home the estate of the person will be forced under Federal laws to repay money that Medicare has paid during the lifetime of the person.

Negligence of Pahrump Nursing Home Causing Death

If a person passes away due to a Pahrump nursing home's negligence the lawsuit must be filed with the court within one year. Nevada wrongful death law provides that the "heirs" as contained in the Nevada Intestate statute law (when a person passes away without a will) are permitted under Nevada's wrongful death laws to recover money damages for the emotional sadness and grief due to losing their loved one. Many variables come into play in the determination of how much money can be recovered in a wrongful death action against a Pahrump Negligent nursing home. You should understand that a lawyer with experience in personal injury cases who knows how to bring a claim and win against a negligent Pahrump Nursing Home should be hired to fight your case. A spouse and a child are considered "heirs" with a right to recover money damages under the Nevada Wrongful Death statute against a negligent Pahrump nursing home.

I have written this article to give you some understanding of how difficult it is to fight and win a case against a negligent Pahrump Nursing Home and how important it is to hire an experienced personal injury lawyer to bring your case. Call me, Jack G. Bernstein, Esq. with over twenty eight years of experience at 702-434-4444 or 1-888-529-4529 (toll free), or my lawyer partner, Scott L. Poisson, Esq. with over eighteen years experience bringing malpractice cases at these phone numbers and you will reach us personally to discuss your case, or email either of 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 . The initial consultation is free of charge. We are paid attorney fees only if we recover money damages for the Pahrump Nursing home negligence case. If we don't recover money you don't owe us an attorney fee.