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 provide the appropriate standard of care to its residents, leading to physical harm or emotional distress. Negligence differs from abuse in that it typically stems from carelessness or a lack of proper action, rather than a deliberate intent to cause harm. There are several types of negligence you might encounter in a nursing home setting:
- Medical Negligence:
This type of negligence can take many forms, from the incorrect administration of medication to the failure to provide necessary treatment in a timely manner. For example, if a resident has specific dietary requirements due to their medical condition, failure to meet these requirements can lead to severe health complications, such as a deterioration of their medical condition, malnutrition, or adverse reactions to their prescribed medication.
- Neglectful Care:
This occurs when a facility fails to meet a resident’s basic personal needs, including assistance with eating, bathing, moving around, and maintaining personal hygiene. Such neglect can lead to serious health problems, including bedsores from prolonged periods in bed, falls due to lack of assistance with mobility, malnutrition and dehydration due to poor meal assistance, and an overall decline in health.
- Negligent Hiring and Supervision:
This type of negligence happens when a nursing home hires staff without the proper vetting, leading to potential neglect or abuse of residents. For instance, if a staff member lacks the necessary training or qualifications to provide adequate care, this can result in substandard care for residents. Additionally, a lack of proper supervision can mean that neglect or abusive behavior goes unnoticed and unaddressed.
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 towards safeguarding your loved one’s well-being and rights. Signs can manifest physically, emotionally, or through the conditions of the resident’s environment.
- Unexplained Injuries or Illnesses:
If your loved one frequently has bruises, cuts, or other injuries without a valid explanation, it may be a result of neglect. Similarly, recurrent illnesses may indicate substandard care.
- Malnutrition and Dehydration:
Rapid weight loss, signs of malnutrition like hair loss, or symptoms of dehydration such as dry skin or frequent fatigue may signal that the facility is not providing appropriate nutritional care.
- Poor Personal Hygiene:
Neglected personal care—such as infrequent bathing, unwashed clothes, or unbrushed hair and teeth—can be a clear sign of negligence.
- Sudden Mood Changes:
An abrupt change in your loved one’s behavior or mood, such as increased irritability, mood swings, or withdrawal from social activities, can be a sign of negligence.
- Fear or Depression:
If your loved one displays signs of fear around certain staff members, or falls into a state of depression, it could indicate an issue with the quality of care.
- Poor Hygiene in the Facility:
Dirty living spaces, unclean communal areas, or a persistent bad smell can point to inadequate cleaning procedures.
- Unsafe or Unsanitary Living Conditions:
Hazardous living conditions, such as slippery floors, broken furniture, or poor lighting, can indicate negligence. Lack of necessary medical equipment or unsanitary conditions can also be a sign of 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 suspect your loved one is a victim of nursing home negligence, take immediate action. The following steps can guide you:
- Speak With Your Loved One:
If possible, talk to your loved one about your concerns. They might be able to provide you with additional information.
- Document Your Observations:
Keep a record of all signs of negligence, including photographs of physical injuries or poor living conditions.
- Report Your Concerns:
Notify the management of the nursing home about your concerns. If the situation doesn’t improve, you can file a complaint with the Nevada Division of Public and Behavioral Health.
- Seek Legal Advice:
Contact a nursing home negligence attorney. They can provide guidance on your next steps, including potentially filing a lawsuit.
Taking swift action is crucial. The longer negligence goes unaddressed, the more harm your loved one could suffer. At Jack Bernstein Injury Lawyers, we stand ready to help you navigate this process and fight for your loved one’s rights.
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 been a victim of nursing home negligence, they may be entitled to several types of compensation. This compensation is intended to make victims whole and to help them recover from the effects of negligence.
Forms of Compensation:
- Medical Expenses: Compensation may cover past and future medical costs resulting from the negligence. This can include hospital stays, surgeries, medication, physical therapy, and any other necessary treatment.
- Pain and Suffering: This is compensation for physical pain and emotional distress your loved one has endured due to the negligence.
- Cost of Future Care: If your loved one requires ongoing care because of the negligence, this compensation can cover those future expenses.
Evaluation of Damages:
Several factors influence how these damages are evaluated. These include the severity and duration of the negligence, the extent of physical and emotional injuries, the cost of past and future medical care, and the overall impact on the victim’s quality of life.
Impact of Negligence Severity:
The severity of the negligence plays a significant role in determining compensation amounts. The more severe the negligence and resulting injuries, the higher the potential compensation. This is because severe negligence can result in greater medical expenses, longer recovery times, and more pronounced pain and suffering.
Navigating the complexities of a nursing home negligence lawsuit can be daunting, but you don’t have to face it alone. At Jack Bernstein Injury Lawyers, we are committed to advocating for you and your loved ones, ensuring you receive the compensation and justice you deserve.
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