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Las Vegas Nursing Home Abuse Lawyer

Older adults deserve to be treated with courtesy and respect and receive the best care. Sadly, this is not always the case in nursing homes. If your elderly loved one has been a victim of nursing home abuse, contact The Janda Law Firm to speak to our Las Vegas nursing home abuse attorney right away. We are dedicated advocates for senior citizens.

Why Choose The Nursing Home Abuse Lawyers At Janda Law?

  • Paul Janda is both an attorney and a neurologist – the only one in the state of Nevada.
  • Given our medical background, we are able to research cases quickly, which can save you time and money.
  • We are well-versed in tactics employed by defense experts and know how to counter them in settlement negotiations or a court of law.

What Is Considered Nursing Home Abuse?

According to the National Council on Aging (NCOA), elder abuse can occur in several different ways:

  • Physical abuse: Inflicting injury or pain upon an older adult.
  • Emotional abuse: Verbal assaults, harassment, intimidation, or threats of abuse.
  • Sexual abuse: Touching, fondling, intercourse, or any sexual activity with an older adult who is threatened, physically forced, unable to understand, or unwilling to consent.
  • Confinement: Restraining or isolating an elderly person for reasons other than medical.
  • Willful deprivation: Denying a senior food, shelter, medical care, medication, a therapeutic device, or other physical assistance, exposing the older adult to the risk of physical, emotional, or mental harm.
  • Passive neglect: Caregiver failure to provide an elderly person with the necessities of life, including food, clothing, shelter, and medical care.
  • Financial exploitation: Misuse of or withholding of an older adult’s financial resources.

How Common Is Elder Abuse?

As stated by NCOA, approximately one in 10 people in the U.S. ages 60 and older have experienced some form of elder abuse, and only one in 14 cases are reported to authorities. According to the National Center on Elder Abuse (NCEA), the prevalence of elder abuse is approximately 10 percent, including physical abuse, psychological or verbal abuse, sexual abuse, neglect, and financial exploitation.

What Is the Prevalence of Elder Abuse In Nursing Homes?

NCEA has reported the following statistics on elder abuse:

  • In a recent year, 14,258 (7.6%) of complaints to Ombudsman programs involved abuse, gross neglect, or exploitation.
  • 70% of state nursing home surveys miss at least one deficiency, and 15% of these surveys miss actual harm and immediate jeopardy of a nursing home resident.
  • Abuse of residents by other residents in nursing homes is even more common than physical abuse by staff.
  • Nearly one in three nursing homes in the U.S. were cited for violations of federal standards that had the potential to cause harm, or had actually caused harm, to a resident during a two-year period.
  • In a study involving interviews of 2,000 nursing home residents, 44% said they had been abused.
  • 95% said they had been neglected or seen another resident neglected.
  • In one study, more than 50% of nursing home staff admitted to mistreating older residents within the previous year.
  • Two-thirds of those incidents involved neglect.

Legal Options Available to Nursing Home Abuse Victims

Nursing homes have a duty to provide a certain level of care to the people under their watch. If a nursing home employee abuses and harms a resident, that individual could face liability—along with the facility itself.

Victims of nursing home abuse in Las Vegas have the right to file civil lawsuits against the individuals and entities responsible for their mistreatment. If you or a loved one has suffered from harm at the hands of a nursing home employee, you can file a lawsuit against the liable parties and recover compensation for any losses that you endured.

In most cases involving nursing home abuse, the individual staff member who inflicted the harm is the defendant. However, the facility may also be liable if its employees commit acts of harm while performing their job duties.

Other liable parties may include the following:

  • Any doctors or nurses who provide care at the facility and commit an act of medical malpractice
  • Companies that cook food for the nursing facility if the food caused the victim to become ill or suffer harm
  • Companies that provide cleaning services to the facility if their products cause the victim to fall ill or become injured

A nursing home abuse attorney from The Janda Law Firm can carefully evaluate your or your loved one’s case and identify your eligibility for litigation. Our firm will also conduct an in-depth investigation into the abuse and identify the liable party or parties.

What Compensation Is Available From Las Vegas Nursing Home Abuse Lawsuits?

A victim could recover thousands of dollars in compensation by filing a nursing home abuse lawsuit, depending on the circumstances surrounding the incident. In Nevada, you have the right to recover two categories of compensatory damages: economic and non-economic.

Economic damages involve the financial hardship that you sustained. Non-economic damages, also known as pain and suffering, refer to the physical and emotional trauma that you experienced. 

Common types of damages in nursing home abuse claims include the following.

  • Past and future medical expenses for any treatment related to the abuse
  • The cost of psychological counseling for the resident and his or her family
  • Chronic pain or permanent disability due to the abuse
  • The psychological trauma that the resident suffered, such as emotional distress and post-traumatic stress disorder
  • Disability accommodations that are needed due to the abuse, such as mobility equipment

What to Do If Your Loved One Is Being Abused at a Nursing Home

If you suspect that your loved one is being abused at a nursing home, it can be difficult to know what to do next. In these situations, it is important to report the abuse immediately and seek the help of an attorney.

First, speak with your loved one and ask if he or she needs help. Keep in mind that your loved one may feel ashamed of or embarrassed by the abuse and may not want to talk. Remind him or her that you want to help, and that the abuse is not your loved one’s fault.

Next, file a report with the Adult Protective Services (APS) division of Nevada’s Aging and Disability services. In Clark County, you can file a report by calling APS at (702) 486-6930.

Take your loved one to receive medical care and document all evidence related to the abuse, including medical records, photographs, videos, and incident reports. Then, seek help from a Las Vegas nursing home abuse attorney at The Janda Law Firm.

Contact Us Today For A Free Case Review

Nursing home facilities that fail to meet their duty of care obligations may be liable for damages when a resident is mistreated, abused, neglected, or injured. If you suspect your elderly loved one has been a victim of nursing home abuse, contact The Janda Law Firm today to schedule a free consultation with our Las Vegas nursing home abuse attorney. We can tell you if you have a case and what damages you may be entitled to claim.