Regardless of age, you and your loved ones deserve proper respect and treatment.
As Las Vegas personal injury lawyers, we are proud to serve a diverse community. We represent individuals of all ages, races, and backgrounds, and do not reserve our legal advice for only those with considerable means. By offering free consultations and working on a contingency fee basis, we ensure that an experienced and skilled legal representative is available to everyone who needs it.
If you or your elderly loved one was injured while living in a nursing home or other long-term care facility, there is no risk in coming to use for help. We are here to address your concerns, investigate the situation, and advise you of your legal options. In the end, we want to you and your loved one to fully recover in whatever way you need. When we take on your case, you do not have to pay us until we win.
Nursing Home Neglect
Nursing home neglect arises when the staff members in charge of caring for residents violate the professional standard of care. In less legal terms, elder neglect occurs when staff members are careless in providing basic and necessary services to residents, such as in providing, food, fluids, and a clean living environment. Neglect is not necessarily intentional, though it can be. Common causes of nursing home neglect include understaffed facilities, inadequately trained staff members, and inadequate supervision.
Examples of nursing home neglect include:
- Residents are not moved as often as they should be resulting in bed sores.
- Residents are not bathed often enough, which can cause skin issues and infections.
- Residents’ clothing and bedding are not changed regularly or when they are soiled.
- Residents do not receive enough food and water throughout the day, leading to malnutrition and dehydration.
- Residents are not supervised or provided with assistive devices, leading to falls and injuries.
Elder neglect can result in your loved one’s physical and mental condition worsening. It can cause new injuries, such as severe bed sores, dehydration, malnutrition, infections, and dangerous falls. If you believe your elderly family member is getting worse or suffering new injuries or conditions because of neglect at a care facility, do not hesitate to call a nursing home neglect lawyer at Paul Padda Law.
According to Nursing Home Abuse.org, 1 in 10 elders over the age of 60 have been abused; however, as many as 24.3 percent of nursing home residents experienced at least one instance of physical abuse while in a nursing home.
Nursing Home Abuse
Unfortunately, elder abuse in nursing homes is common throughout Nevada, and the U.S. Elderly individuals are victimized because of their mental and physical ailments, their inability to fight back, and often due to their social isolation. When elderly residents have few or no visitors, they are viewed as easy targets.
While nursing home neglect often arises from unintentional carelessness, abuse results from knowing and willful conduct. Abuse occurs any time a staff member, another resident, or a visitor intentionally causes your loved one harm.
Nursing home abuse can be:
If you notice any signs that your loved one has been abused, contact a nursing home abuse attorney in Las Vegas as soon as you can. There are many federal and state laws prohibiting abuse. In some situations, abuse may lead to criminal charges. In many cases, it gives your injured loved one a right to pursue compensation for their injuries. If your loved one passed away as a result of abuse, your family might have the right to file a wrongful death claim against the facility.
At Paul Padda Law, we help you get the compensation you deserve.
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Common Nursing Home Abuse and Neglect Injuries
Abuse and neglect at a nursing home or assisted-care facility often lead to residents suffering from:
- Contusions and lacerations
- Broken bones, including broken hips
- Concussions or more serious traumatic brain injuries (TBIs)
- Bed sores/pressure sores
- Neck and back injuries
- Infections, including urinary tract infections (UTIs)
- Antibiotic-resistant infections
If your loved one is inexplicably injured while living at a nursing home, has suffered multiple injuries at the facility, or their condition is rapidly declining, contact a nursing home abuse attorney about investigating the situation.
Signs of Elder Neglect and Abuse
There may be many signs that your loved one is not well cared for or the victim of intentional abuse at a facility, including:
- Poorly explained cuts and bruises
- Multiple falls
- Multiple broken bones
- Any type of bed sore, particularly advanced pressure sores
- Unusual self-soothing behavior such as rocking back and forth
- Unusual behavioral changes or regression to child-like behaviors
- Sudden fear of being touched
- Unusual social withdrawal or isolation
- Signs of being upset or agitated, especially around certain individuals at the facility
- Reluctance to speak with you when certain individuals are in the room
Your elderly loved one may confess to you that something is wrong. Or, they may not. Seniors who are victimized at nursing homes and other care facilities are often embarrassed or worried about retribution. If your loved one tells you they have been hurt or you notice any signs of neglect or abuse, consult with a nursing home abuse lawyer from Paul Padda Law.
Federal Nursing Home Abuse and Neglect Law
There are numerous federal laws that control the level of care facilities that receive federal funding must provide their residents. If your loved one resides at a facility that accepts Medicare or Medicaid, then that facility must comply with the Nursing Home Reform Act and other applicable federal laws.
The Nursing Home Reform Act dictates a facility:
- Have sufficient staff.
- Conduct an initial, comprehensive and accurate exam for each resident to determine their capabilities.
- Develop a comprehensive care plan for each resident.
- Prevent deterioration of each resident’s ability to communicate, move, eat, use the toilet, bathe, and dress themselves.
- If a resident is unable to take care of themselves on a daily basis, the facility must provide good nutrition, grooming, and personal oral hygiene.
- Ensure residents receive proper treatment and assistance devices to help them hear and see.
- Ensure residents do not develop bed sores.
- Ensure residents receive adequate assistive devices and supervision to prevent accidents.
- Provide appropriate services and treatments to restore normal bladder function as much as possible.
- Provide residents with sufficient fluids to prevent dehydration.
- Ensure residents are free from significant medication errors.
These are only a handful of the requirements nursing homes, and other assisted-living facilities must follow if they receive federal funds. However, if your loved one resides in a private facility, then certain laws may not apply to their care. Call a nursing home abuse attorney to discuss federal law and how it applies to your relative’s situation.
$150,000 Elder Abuse Settlement
When a veteran was preyed upon by a conman, who was negligently permitted to enter an assited care facility, Paul Padda Law helped recover what was lost.Read Case Result
Nevada Nursing Home Laws
Nevada has several laws regarding training requirements for nursing home staff, individual and comprehensive patient care plans, and the professional standard of care nursing homes are required to provide to residents.
Nevada’s Abuse, Neglect, Exploitation or Isolation of Older and Vulnerable Person’s Act defines five types of elder abuse: physical abuse, intentional and unintentional neglect, self-neglect, exploitation, and isolation. It requires reporting and investigations in certain cases. If an individual violates this act, either through committing abuse or by failing to report suspected abuse or neglect when required, they can be charged with a crime.
A first-time violation of elder abuse, neglect, or isolation may be charged as a gross misdemeanor in Nevada or a Category C felony. This is only if no substantial bodily or mental harm was inflicted on the elderly victim. If the individual charged is convicted of a gross misdemeanor, they can be jailed for up to 364 days, fined up to $2,000, and ordered to pay restitution. If convicted of a Category C felony, the individual faces between one and five years in prison and up to $10,000 in fines.
Subsequent charges of elder abuse, neglect or isolation or first-time violations that result in injuries are charged as Category B felonies, which can result in much harsher punishments.
At Paul Padda Law, we cannot guarantee that the individual who caused your elderly loved one harm will be charged and convicted. This is up to prosecutors. However, we can fight hard for your loved one to receive compensation through a civil claim. Call us today to speak with a nursing home abuse lawyer.
Compensation for Elder Abuse and Neglect
If a senior is harmed due to abuse or neglect in Nevada, then they may have the right to pursue compensation from the individual and/or facility responsible for the harmful treatment.
Through a personal injury claim, your loved one may seek compensation for:
- Medical expenses
- Pain and suffering
- Decreased quality of life
You and your relative should speak with an attorney today about the strength of their claim, the legal process, and the potential value of their damages. The more egregious the abuse or neglect or, the more significant your loved one’s injuries, the more their case may be worth.
If your loved one passed away and you believe it was due to abuse or neglect, call Paul Padda Law right away. We will thoroughly investigate the situation to determine whether the facts support a wrongful death claim. If you have a valid wrongful death claim, then we will discuss pursuing compensation for you and your family.
Contact a Las Vegas Nursing Home Abuse Attorney Today
If your loved one has suffered an injury or deteriorating condition because of neglect or abuse at a nursing home, you should speak with a lawyer at Paul Padda Law right away. Let us investigate the situation and advise you and your loved one of your legal options, including reporting the nursing home abuse or neglect to state authorities, contacting law enforcement, and filing a civil claim for compensation.
We have decades of experience handling nursing home abuse cases. Our firm can coordinate with the Nevada Long-Term Care Ombudsman, the Nevada Aging and Disability Services Division, the Elder Protective Services Program, and the Office of the Attorney General to ensure all allegations of abuse and neglect are thoroughly investigated and corrected. By working with the police and the Attorney General’s Office, we ensure that when caretakers violate the law, they are properly charged and prosecuted.