Legal action can be taken against a nursing home or long-term care facility for alleged negligence, abuse, or neglect resulting in harm to a resident. Residents, their families, or legal representatives can file lawsuits for financial compensation. These legal proceedings serve the dual purpose of obtaining compensation for affected individuals or their families. The suits also hold the nursing home accountable for substandard care. If you believe there has been mistreatment in a nursing home, it is advisable to consult a personal injury attorney. He/she will assist you in pursuing the case to its logical outcome.

Let us look at what the lawsuit involves and how you can ensure you secure the best outcome.

Nursing Home Abuse

Nursing home abuse encompasses a range of distressing experiences that elderly residents could endure. It compromises their well-being and dignity. Physical abuse is a stark manifestation, evident in unexplained injuries like bruises and fractures.

Physical and Emotional Abuse

The misuse of physical restraints can also lead to harm. Residents could suffer from cuts or pressure sores as a result. Beyond the physical, emotional, and psychological abuse, it can manifest through verbal assaults, threats, isolation, or intimidation. Residents subjected to such treatment could grapple with anxiety, fear, and a diminished sense of self-worth.

Neglect

Neglect is another insidious form of abuse where the fundamental needs of residents go unmet. Failure to provide adequate nutrition, hydration, or proper hygiene can significantly impact their health and quality of life. Medical neglect, characterized by a lack of attention to residents' medical conditions, medication, or necessary treatments, further compounds the potential for harm.

Financial and Sexual Abuse

Financial abuse poses additional threats. Vulnerable residents could fall victim to unauthorized transactions or coercion, wherein they are pressured to sign financial documents or give access to their assets.

Sexual abuse, involving non-consensual acts or exploitation of residents for sexual purposes, represents a profoundly distressing violation of personal boundaries.

Violations of the Residents’ Rights

The violation of dignity and rights is a pervasive issue, with privacy infringements and restrictions on residents' rights being common forms of abuse. Some examples include:

  • Communication restrictions.
  • Being subjected to invasive procedures without consent.
  • Discrimination.
  • Verbal abuse, or
  • Intrusive monitoring.

Factors that Contribute to Nursing Home Abuse

Nursing home abuse can result from a combination of factors, both at an individual and systemic level. Some of the factors include, but are not limited to, the following:

  1. The Quality of the Hires

Insufficient staffing, marked by a shortage of personnel, amplifies the risk of rushed and substandard care in nursing homes. This situation elevates the potential for abuse and neglect. The scarcity of staff in these settings contributes to a challenging atmosphere where caregivers could find it difficult to meet residents' needs adequately.

Training gaps exacerbate this challenge. Inadequate training leaves staff unprepared to recognize and address instances of abusive behavior.

  1. Inadequate Supervision

Inadequate supervision, characterized by insufficient monitoring of staff behavior, creates conditions where abusive practices go unnoticed within nursing homes. This lack of oversight contributes to an environment where staff actions remain unchecked, increasing the risk of mistreatment.

Additionally, neglect of complaints, manifested by the failure to address concerns raised by residents or their families, further perpetuates a climate conducive to abuse.

  1. Staff Burnouts

Excessive workloads heavily burden nursing home staff. This situation increases the likelihood of burnout and compromises their ability to deliver compassionate and attentive care to residents. This strain also contributes to emotional exhaustion as staff members grapple with stress and fatigue. Consequently, the overall work environment is negatively impacted. What follows is a diminishing quality of care provided to residents.

  1. Financial Constraints

Tight budget constraints pose a risk to the quality of care in nursing homes. They could lead to neglect. Limited financial resources could prompt facilities to make compromises that impact essential care services. This strain can manifest through understaffing, insufficient training, or inadequate maintenance, all contributing to conditions conducive to neglect.

  1. The Resident’s Vulnerability

The dependency of residents, whether due to physical or cognitive limitations, renders them more susceptible to potential abuse within nursing homes, given their reliance on caregivers for daily support. This reliance exposes them to possible mistreatment. Adding to these challenges are communication barriers, where residents facing difficulties expressing themselves encounter hurdles in reporting instances of abuse. These limitations heighten their vulnerability. It thus makes it harder for them to seek help or draw attention to abusive situations.

  1. Infrequent Family Visits

Infrequent family visits decrease the level of scrutiny within nursing homes. This, in turn, creates an environment where instances of abuse can more easily escape detection. With fewer external checks due to the reduced frequency of family visits, there is a limited assessment of the well-being and treatment of residents. This reduced oversight contributes to an atmosphere where abusive practices go unnoticed, as fewer external observers monitor the conditions and care provided.

Signs to Look Out For that Indicate Nursing Home Abuse

There is collective responsibility when it comes to the care of the vulnerable in the community, in this case, the residents in nursing homes. Supervisors, staff members, family members, community health workers, and neighbors should inform the authorities of any cases of abuse in the facilities. Some of the signs to look out for include:

  1. Physical Injuries

Being attentive to signs of physical abuse among nursing home residents is crucial for their well-being. If you observe unexplained injuries, bruises, or fractures, treat them seriously. They are indicators of potential physical mistreatment. Watch for signs of restraint, like marks on wrists or ankles, which suggest inappropriate measures.

Further, if you witness changes in weight or nutrition that an underlying medical condition cannot explain, it raises concerns about potential neglect or inadequate care. Additionally, look out for bedsores. The development of bedsores due to a failure to reposition the resident indicates a lapse in essential care.

  1. Emotional and Behavioral Changes

Be on the lookout for sudden emotional or behavioral changes.

Should you observe sudden and unexpected changes in your loved one's behavior, mood, or demeanor, it is a likely sign of abuse. Take special note if you detect signs of fear or anxiety, particularly in the presence of specific staff members or within distinct areas of the facility. If your loved one exhibits social withdrawal, isolation, or a sudden reluctance to engage in activities, consider these behavioral shifts as potential red flags pointing to unease or discomfort.

  1. Genital Injuries or Infections

Be on the lookout for specific indicators related to personal care. If you notice unexplained genital injuries or infections, it is crucial to address these concerns promptly. Likewise, if you observe signs of distress during toileting or bathing, take them seriously. They could indicate discomfort or mistreatment.

Pay close attention to any behavioral changes consistent with sexual trauma. This could further suggest potential issues in your loved one's care.

  1. Unusual Financial Transactions

If you notice unexplained withdrawals or changes in their financial status, it is a likely sign of financial manipulation. Be alert to missing personal belongings or unauthorized use of resident funds, as these could be signs of financial abuse. Additionally, pay close attention to sudden changes in wills or other legal documents. They also indicate attempts at exploitation.

  1. Environmental Clues

Be on the lookout for signs of unsafe or unsanitary living conditions. Dirty or hazardous surroundings are key indicators of dangerous living conditions. Similarly, the absence of fundamental amenities like clean bedding, clothing, or personal items should raise immediate red flags, signaling potential neglect. Additionally, watch out for inadequate heating, cooling, or lighting in living spaces. It can significantly impact residents' overall quality of life.

Statute of Limitations to Bring Up a Lawsuit

In Nevada, personal injury claims, including those related to nursing home abuse, generally adhere to a two-year statute of limitations. In simpler terms, you usually have a two-year window to initiate legal proceedings, starting from the incident or the discovery of the injury.

Note: Specific circumstances could influence the timeframe or the starting point of the statute of limitations.

In certain scenarios, the statute of limitations could be paused or "tolled." This happens mainly when evidence indicates the intentional concealment of an injury by a nursing home staff member. This recognition is significant, as it acknowledges that uncovering instances of nursing home abuse does not necessarily coincide with the initial injury.

In situations involving deliberate concealment, the countdown on the statute of limitations could commence from when the injury is revealed or when it could reasonably have been discovered rather than strictly from the actual incident date.

Who Can I Pursue a Lawsuit Against for Nursing Home Abuse?

An important consideration when contemplating pursuing legal action for nursing home abuse is the potential defendant.

The nursing home is the primary defendant in nursing abuse cases, given its overarching responsibility for resident well-being. While individual staff members can be legally implicated for direct involvement in abuse, the nursing home often becomes the focus due to its more substantial financial capacity.

In addition to the nursing home and its staff, potential defendants could vary based on the nature of injuries sustained:

  • Medical professionals — You could pursue legal action against doctors or nurses affiliated with the eldercare home, especially in cases of medical malpractice resulting in resident injuries.
  • Food service provider — If harm is linked to food services, the company responsible for cooking and supplying meals within the facility could also be subject to legal proceedings.
  • Cleaning service provider — The company tasked with facility cleaning could be held liable if using toxic products contributes to injuries or harm residents suffer.

This consideration of potential defendants ensures a comprehensive approach to addressing the specific circumstances contributing to abuse or injuries. Legal proceedings could involve multiple parties to ensure accountability and seek appropriate compensation.

Damages You Can Recover

In a nursing home abuse lawsuit, you could seek economic and non-economic damages contingent on the case's particulars.

For your claims, you can pursue compensatory damages, including:

  • Medical expenses — It covers the costs incurred for medical treatments like hospital stays, surgeries, medications, and other healthcare expenses resulting from the abuse.
  • Psychological counseling — These awards compensate for psychological counseling, extending to you and affected family members.
  • Pain and suffering — It addresses the physical pain and emotional distress endured by both you and your family due to the abuse.
  • Out-of-pocket monetary damages — The courts will reimburse you for additional financial losses or out-of-pocket expenses directly tied to the abuse.

If the case proceeds to trial and your personal injury attorney proves that the defendant acted maliciously or egregiously, you can request punitive damages. Unlike compensatory damages, punitive damages aim to punish the wrongdoer and act as a deterrent. It is worth noting that punitive damages can often significantly exceed compensatory damages.

Alternatives to Suing

Besides opting for a lawsuit, there are alternative avenues to tackle nursing home abuse or neglect. These alternatives aim to address issues without resorting to the formal legal process. Some could result in prosecution if the state deems the perpetrators of the abuse criminally liable. In other cases, the alternatives could result in fines and victim restitution.

  1. Law Enforcement Involvement

When elder abuse, including incidents within nursing homes, is suspected or witnessed, involving the police is vital for ensuring the safety and well-being of the elderly individual. You should contact police officers immediately.

In such cases, the police can:

  • Initiate an investigation — Police officers will begin an investigation to gather information, interview relevant parties, and collect evidence of the alleged abuse.
  • Ensure the elderly person's safety — If immediate danger is identified, the police can take necessary steps to safeguard them, potentially removing them from a harmful environment.
  • Make arrests — If the investigation reveals evidence of criminal activity, the police may make arrests and pursue charges against those responsible for the abuse.
  • Collaborate with other agencies — Police collaborate with additional agencies, including adult protective services or regulatory bodies, to comprehensively respond to the abuse.
  • Offer support and resources — Law enforcement can connect victims with support services, including victim advocacy, counseling, and legal assistance.

  1. Exploring an Out-of-Court Settlement

Through your attorney, you could explore an out-of-court option to address the abuse. This approach to resolution, conducted outside formal court proceedings, is preferred by many nursing homes and victims alike. The aim is to avoid the time, expense, and public scrutiny of a court trial. You can actively pursue significant compensation when your attorney negotiates with the nursing home’s legal representative without getting entangled in a prolonged and public legal battle.

  1. Regulatory Action

If you observe cases of nursing home abuse in Nevada, report these instances to the Nevada Department of Health and Human Services, specifically the Division of Public and Behavioral Health (DPBH). Reporting abuse is a critical step to ensure the well-being of nursing home residents and hold those responsible accountable for their actions.

APS, a division within the DPBH, handles reports of abuse, neglect, or exploitation of vulnerable adults. You can contact APS to file a report or seek guidance on the reporting process.

The APS hotline is available 24/7 for reporting abuse. Call the toll-free hotline to report concerns and speak with a representative.

When reporting, provide detailed information about the abuse, including names, specific incidents, and any evidence you have. Reporting helps regulatory authorities investigate and take appropriate actions to address the issue.

  1. Opting for an Alternative Nursing Home

Opting to shift your loved one to a different nursing home is a practical consideration, whether you are contemplating legal action or exploring alternative solutions. The well-being and safety of your loved one take precedence. A change in environment provides an opportunity for a fresh start, potentially aligning better with your loved one's needs.

If concerns about the current nursing home encompass issues like the quality of care, abuse, or neglect, relocation becomes a viable solution to avert further harm. In your quest for a new facility, prioritize those with positive reviews, high care standards, and a commendable track record. Thorough research and personal visits to potential nursing homes empower you to make a well-informed decision in the best interest of your loved one.

Find a Personal Injury Attorney Near Me

Reaching out to an attorney is vital when looking to take legal action against those accountable for the abuse of a loved one in a nursing home. Their expertise is pivotal in influencing your endeavors to obtain compensation and justice for the wrongdoing. The guidance and support offered by an attorney are crucial for navigating the legal intricacies of nursing home abuse cases and ensuring the effective presentation of your case. Their involvement heightens the probability of a successful outcome, enhancing your pursuit for compensation and justice in light of the wrongdoing.

The team at the Las Vegas Personal Injury Attorney Law Firm understands the suffering that abuse causes families. That is why we make it our mission to pursue justice on behalf of our clients. Contact us today at 702-996-1224 for a case assessment as we evaluate your legal options.