The Nursing Home Reform Act mandates that nursing facilities provide care for their residents in an environment that promotes their quality of life. This means they should live in a facility in a place where their health, well-being, and safety are priorities.
A Winchester nursing home abuse lawyer can help your loved one seek compensation for an illness or injury that occurred while they lived in a facility responsible for providing them with quality care. If you are interested in taking legal action against the facility, you have a limited time to do so. Under NRS §41A.097(2), you generally have one year to pursue a lawsuit for nursing home abuse cases in Nevada, with limited exceptions.
Bernstein & Poisson can help you hold the facility where your loved one was harmed accountable. To learn more, call our team at (702) 633-3333 for a free consultation.
Working with an Attorney on a Nursing Home Abuse Case
We know it is overwhelming to think about your loved one being abused in a facility you trusted. Filing a claim or lawsuit against the negligent facility may be daunting to consider, but when you work with a nursing home abuse lawyer, you can get help with the legal process. You may be able to seek a recovery of your losses and justice for your loved one.
Bernstein & Poisson can help you hold the facility legally and financially liable. A facility that hired unqualified staff or failed to monitor its residents, employees, or facility visitors could be found responsible. A Winchester nursing home abuse lawyer can do the following for you:
- Identify the party responsible for harming your loved one
- Gather evidence that documents your loved one’s abuse
- Present your case to the opposing party
- Determine your losses and how much compensation to seek (including past and future mental anguish and past and future pain and suffering)
- Handle all communications and negotiations with any third parties’ insurers or legal representatives
- Negotiate for a fair settlement that meets your loved one’s needs
- File a lawsuit on your behalf if a settlement is not reached
- Take your case to court to fight for a settlement if required
We can help you protect your loved one’s rights while taking action in your case.
For a free legal consultation with a nursing home abuse lawyer serving Winchester, call (855) 605-2959
Reporting Elder Abuse Can Help Your Case
The elder adult population can be an easy target for abuse in nursing facilities. Those with dementia or other cognitive conditions are at higher risk of experiencing abuse. Such nursing home residents may not be able to communicate or remember what happens to them.
Unfortunately, some facility staff will take advantage of them, and when they do, they can be held accountable. If you suspect that abuse is going on, the observations you make can be key to confirming if this is the case.
You can talk with the facility’s management and document the conversation or call Nevada’s Aging and Disability Services Division (ADSD) to report the abuse. The facility’s appearance or mode of operation can also signal abusive conditions. If you notice staff turnover is high or if it is hard to get through to someone on the phone, these are signs your loved one may be in a facility where staff members aren’t paying attention as much to them as they should.
Abuse Comes in Different Forms
As the Centers for Disease Control and Prevention (CDC) notes, elder abuse is engaging in an act that can cause or create harm to elder adults. A nursing home resident can experience:
- Physical abuse. Using physical force can cause an elder person to experience pain, injury, illness, or distress. Hitting, force-feeding, scratching, shoving, or any kind of rough treatment constitutes physical abuse.
- Emotional abuse. The damage of emotional abuse is harder to detect because rarely are there physical clues. This type of abuse can be verbal and nonverbal and include harassment, threats, or ignoring a resident’s call for assistance.
- Sexual abuse. Any form of unwanted or coerced sexual contact is sexual abuse. Subjecting residents to sexual content falls into this category.
Failing to respond to abuse allegations or incidents involving abuse can leave facilities open to legal action. They are responsible for the well-being of residents in their care. If you or your loved one has filed complaints about abuse at the facility and nothing was done, you may be able to take legal action against them.
Winchester Nursing Home Abuse Lawyer Near Me (855) 605-2959
Call Bernstein & Poisson Today for Help
Nursing home abuse is difficult for the person who endured it as well as the people who love them. If you are ready to speak with a team member, call (702) 633-3333 for a free consultation today.