When we entrust the care of our loved ones to a nursing home, we expect that the facility and its staff will provide the highest standard of care. At Jack Bernstein Injury Lawyers, we understand the importance of this trust. Unfortunately, there are instances where this expectation is not met, and nursing home residents become victims of negligence, leading to unnecessary suffering. When this trust is broken, we stand ready to fight for justice. Our commitment lies in advocating for the rights of these victims, holding the responsible parties accountable, and ensuring that our clients get the compensation they deserve.
Understanding Nursing Home Negligence
Nursing home negligence occurs when a facility or its staff fails to uphold the proper standard of care, resulting in physical injury or emotional suffering. Unlike abuse, which is intentional, negligence is often due to carelessness or failure to act appropriately. Common types of nursing home negligence include:
- Medical Negligence: This includes administering incorrect medication, delaying necessary treatment, or failing to follow dietary restrictions. Such oversights can lead to serious complications like worsened conditions, allergic reactions, or malnutrition.
- Neglectful Care: When a facility fails to assist with basic needs—such as bathing, eating, mobility, or hygiene—it can lead to issues like bedsores, repeated falls, dehydration, and a general decline in health.
- Negligent Hiring and Supervision: Facilities that hire unqualified or untrained staff put residents at risk. Without proper supervision, neglect or abuse can go unnoticed and unaddressed, further endangering residents.
Consequences of Nursing Home Negligence
The consequences of nursing home negligence can be both far-reaching and severe, affecting the physical health, psychological wellbeing, and overall quality of life of residents. Here are some of the potential consequences:
- Physical Injuries: Preventable accidents, such as falls or injuries from improper handling, can lead to serious physical injuries, including fractures, sprains, and even more severe injuries. For example, a resident may suffer a fall due to inadequate supervision and end up with broken bones or a concussion.
- Health Problems: A range of health problems can arise from nursing home negligence, including bedsores from long periods of immobility, malnutrition and dehydration from lack of proper meal assistance, and the worsening of existing health conditions due to neglect or improper medication administration.
- Psychological Distress: Emotional and psychological distress is a significant consequence of negligence. Residents may experience feelings of fear, anxiety, depression, and isolation as a result of the treatment they receive. This distress can further compound physical health issues and lead to a rapid cognitive decline.
- Decreased Quality of Life: Overall, negligence can seriously impact a resident’s quality of life. Neglect of a resident’s personal hygiene can lead to discomfort, skin conditions, and infections. Ignoring their social needs can lead to feelings of loneliness and isolation. All these factors combined can lead to a significant decline in a resident’s overall wellbeing.
These are the painful realities of nursing home negligence, but it’s important to know that there are legal remedies available. At Jack Bernstein Injury Lawyers, we’re committed to seeking justice for victims of nursing home negligence and their families.
Signs of Nursing Home Negligence
Recognizing the signs of nursing home negligence is the first crucial step toward protecting your loved one’s safety and rights. These signs may appear physically, emotionally, or in the condition of the facility’s environment.
Physical Signs:
- Unexplained Injuries or Illnesses: Frequent bruises, cuts, or sudden illnesses without a clear explanation may indicate a lack of proper supervision or care.
- Malnutrition and Dehydration: Rapid weight loss, dry skin, brittle nails, or persistent fatigue may signal that nutritional and hydration needs are being neglected.
- Poor Personal Hygiene: Signs such as body odor, dirty clothing, unbrushed teeth, or unwashed hair can point to inadequate personal care.
Emotional Signs:
- Sudden Mood Changes: Emotional withdrawal, increased agitation, or mood swings may be red flags for emotional neglect or mistreatment.
- Fear or Depression: If a resident shows fear around certain staff members or appears depressed and hopeless, it may be due to a harmful environment or poor treatment.
Environmental Signs:
- Poor Hygiene in the Facility: Dirty floors, overflowing trash, or unpleasant odors suggest a failure to maintain cleanliness and sanitation standards.
- Unsafe or Unsanitary Living Conditions: Issues like broken equipment, cluttered hallways, slippery surfaces, or unsanitary bathrooms can indicate a hazardous environment stemming from neglect.
Nevada Law on Nursing Home Negligence
In Nevada, the law provides clear guidelines and protections against nursing home negligence. All residents are entitled to respect, dignity, and an appropriate standard of care under Nevada’s laws.
Rights of Residents: Residents of nursing homes have the right to be free from verbal, sexual, physical, and mental abuse, as well as involuntary seclusion and any physical or chemical restraints not required to treat their medical symptoms. They’re entitled to communicate openly, participate in their own care planning, voice grievances, and associate with individuals of their choice.
Responsibilities of Nursing Home Facilities: Nursing homes in Nevada are required by law to meet certain standards of care. They must provide a safe and healthy environment, hire competent staff, offer appropriate medical and personal care, and respect residents’ rights.
Failure to comply with these obligations could constitute negligence and provide grounds for a legal claim.
What to Do if You Suspect Nursing Home Negligence
If you believe your loved one may be experiencing nursing home negligence, taking swift and strategic action is essential. Follow these critical steps to protect their well-being:
- Speak With Your Loved One: If they are able to communicate, talk openly about your concerns. They may share details that confirm your suspicions or reveal new issues.
- Document Your Observations: Keep detailed notes of what you’ve witnessed. Take photographs of any visible injuries, poor hygiene, or unsafe conditions as evidence.
- Report Your Concerns: Inform the nursing home’s management immediately. If conditions don’t improve, file a formal complaint with the Nevada Division of Public and Behavioral Health.
- Seek Legal Advice: Consult with a nursing home negligence attorney. A skilled lawyer can advise you on your options and help you take legal steps to protect your loved one’s rights.
Don’t delay—taking prompt action can prevent further harm and hold negligent facilities accountable. Jack Bernstein Injury Lawyers is here to help you every step of the way.
How Jack Bernstein Injury Lawyers Can Help
At Jack Bernstein Injury Lawyers, we strive to make a difference for victims of nursing home negligence. Our approach is driven by dedication, empathy, and an unwavering commitment to justice.
Experience and Expertise: For 40+ years Jack Bernstein Injury Lawyers has been dedicated to pursuing justice for victims of personal injury, malpractice, and nursing home negligence in areas including Las Vegas. With a demonstrated history of successful verdicts and settlements, we have acquired substantial expertise in tackling the complexities and unique challenges inherent in these types of cases. Our decades of experience have armed us with the knowledge, resources, and strategic acumen to confront negligent nursing home facilities and their insurance providers.
Personalized Approach: Every case we manage receives personal attention from Jack Bernstein himself. Our commitment to our clients is characterized by empathy, understanding, and a genuine drive to make a difference in their lives. We recognize the individuality of each nursing home negligence case and tailor our legal strategy accordingly. Our team will diligently listen to your story, compile necessary evidence, ensure you receive appropriate medical care, and construct a robust case for compensation.
Aggressive Representation: We believe in relentlessly advocating for the rights of victims of nursing home negligence. Our lawyers are recognized for their tenacity and resolve in pursuing justice. Whether through negotiation or in court, we aim to secure the maximum compensation for your damages, including medical costs, emotional distress, loss of companionship, and any other applicable damages.
Comprehensive Legal Support: Our dedication to our clients extends beyond just legal representation. We employ a broad network of trusted professionals, such as medical experts and private investigators, to solidify your case. We take care of every facet of your claim, enabling you to focus on healing and recovery, while we tackle the legal intricacies.
No Fee Unless We Win: We firmly believe that everyone deserves superior legal representation, irrespective of their financial status. That’s why our services are offered on a contingency fee basis—you pay nothing upfront. Our payment is contingent on us successfully obtaining compensation for you. This way, you can access high-quality legal counsel without any financial risk.
Types of Compensation in Nursing Home Negligence Lawsuits
If your loved one has suffered due to nursing home negligence, they may be entitled to financial compensation. This helps address the harm caused and supports their ongoing recovery.
Forms of Compensation:- Medical Expenses: Covers both past and future medical costs related to the negligence—hospitalization, surgery, medication, physical therapy, and more.
- Pain and Suffering: Accounts for the physical discomfort and emotional distress experienced due to the neglect.
- Cost of Future Care: If the negligence caused long-term harm, this compensation helps cover ongoing support or specialized care needs.
Several factors affect how compensation is determined, including:
- The duration and severity of the negligence
- The physical and emotional toll on your loved one
- Current and anticipated medical care needs
- Overall impact on quality of life
More severe cases often result in higher compensation due to increased suffering, prolonged recovery time, and costlier treatment. These cases also tend to draw closer scrutiny and stronger legal action.
At Jack Bernstein Injury Lawyers, we are here to ensure that your family gets the justice and financial support needed to move forward. You don’t have to face this process alone—we’ll fight to hold negligent facilities accountable.
Nursing Home Negligence Case FAQs
At Jack Bernstein Injury Lawyers, we offer a combination of vast experience, comprehensive knowledge of Nevada law, and a deep commitment to our clients. We understand the complexities of nursing home negligence cases and know how to navigate them to get the best possible results for our clients. Our dedication to justice is unwavering, and we will fight tirelessly to hold negligent parties accountable.
Yes, you absolutely can. In Nevada, if your loved one has tragically passed away due to nursing home negligence, you may have the right to file a wrongful death lawsuit. These claims can be complex, so it’s essential to consult with an experienced attorney who can guide you through the process.
The timeline for a nursing home negligence lawsuit can vary widely, depending on the specifics of the case. However, in general, it can take anywhere from several months to a few years. While this can be a lengthy process, at Jack Bernstein Injury Lawyers, we work diligently to resolve your case as quickly and efficiently as possible while striving for the maximum compensation you deserve.
Proving negligence requires evidence that the nursing home failed in its duty of care to your loved one and that this failure directly resulted in harm. This evidence can come in various forms, including medical records, expert testimony, photographs of unsafe conditions, and more. Our team at Jack Bernstein Injury Lawyers is skilled in collecting and presenting this evidence to build a strong case.
Many nursing home negligence cases can be settled out of court through negotiations. However, if a fair settlement can’t be reached, we are fully prepared to take your case to trial. Our team has a strong track record in court, and we will fight passionately for your loved one’s rights and for the justice they deserve.
It’s a common tactic for nursing homes to claim that injuries or health issues are due to age rather than negligence. However, old age is not an excuse for neglect or substandard care. We’ll help gather evidence to show that the injuries were a result of the nursing home’s negligence, not just a normal part of aging.
We believe that everyone deserves access to legal representation, regardless of their financial situation. That’s why we operate on a contingency fee basis for nursing home negligence cases. This means you don’t pay us any fees unless we win your case. Our initial consultation is also free, allowing you to discuss your case without any financial obligation.
The statute of limitations for nursing home negligence cases in Nevada is generally two years from the date of the injury. However, there can be exceptions depending on the specifics of the case. If the negligence only became apparent later, the timeline might be extended. It’s important to consult with an attorney as soon as possible to avoid missing the filing deadline.
Contact Us for a Free Consultation
Jack Bernstein Injury Lawyers is available to help you handle any eldercare negligence claims in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case
