It is difficult to see your elderly loved ones give up their homes, vehicles, and freedom and move into a nursing home or other care facility. There is nothing easy or comfortable about addressing the aging process and the eventual loss of your relative. During this challenging time, you may notice signs that all is not right with your loved one and their living situation. You may begin to notice signs of nursing home abuse and neglect.
If you believe your loved one is being victimized in a Nevada nursing home, contact a nursing home abuse lawyer at Oronoz & Ericsson, LLC. We have years of experience handling nursing home abuse cases as well as unintentional neglect cases. We will fight for your relative to be compensated for their injuries and help you get them to a safe place.
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Your elderly loved one may go to or live at one of several types of facilities. It is important to distinguish the type of facility and the care they are required to provide. The type of daily and medical care the facility provides can influence your claim, particularly if you based your claim on negligent care.
If you are not sure of a facility’s designation under Nevada law, talk with an elder abuse lawyer as soon as possible. Our Las Vegas personal injury attorneys will research the facility where your loved one is a resident, determine the type of facility, and confirm the facility is properly licensed under Nevada law.
Eldercare facilities owe your loved one a certain standard of care. Your loved one is entitled to a clean and safe living environment, healthy meals, liquids to prevent dehydration, personal hygiene assistance, and much more.
Nursing home neglect arises when the facility does not properly care for your loved one, and your loved one’s health and quality of life suffer. Neglect also can lead to serious injuries and worsening medical conditions.
Nursing home neglect can arise in a variety of situations. In many cases, neglect is due to facilities being understaffed. We also have handled cases in which the staff is undertrained and not qualified for the work they are required to perform.
Neglect typically falls into one of four types:
Neglect can seem benign, but over time it can severely harm your elderly loved one. If you notice any signs of neglect at the facility, immediately talk with the administrators. If your loved one’s health has suffered, consider talking with an attorney about filing a formal complaint or a lawsuit against the facility.
Signs of nursing home neglect include:
Neglect, while serious, is not necessarily intentional. Nursing home abuse is intentional harmful conduct toward a resident that results in physical, emotional, or financial harm.
Contact a nursing home abuse attorney immediately if there are any signs of:
Signs of physical, sexual, and emotional elder abuse in nursing homes include:
Signs of financial abuse often include changes in an elderly relatives’ financial or legal situation, unexplained checking account or ATM withdrawals, unexplained changes in the resident’s will, insurance policies, property titles, or powers of attorney, missing cash or personal property, and lack of medical care or services despite being charged for them.
If you notice signs that one or more staff members are abusing your relative, contact a nursing home abuse attorney in Las Vegas right away.
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If you notice signs that your loved one is being neglected or abused at a nursing home or other care facility in Nevada, talk with your relative. Ask them about what is going on and what needs to change. Ask if they are afraid of anyone in particular. The more you understand what is going on, the better you can fight for your relative.
If your relative’s physical condition requires immediate medical care, do not hesitate to seek emergency services or to ask for a physician at the nursing home. Your loved one’s needs come first.
Once your relative is safe and cared for, talk with the nursing home administrator, director, or risk manager about the situation and your complaint. Minor issues often can be corrected once administrators know of the issue.
Any instance of abuse or on-going neglect should result in a complaint to the Nevada Department of Health and Human Resources, Division of Public and Behavioral Health’s Bureau of Health Care Quality and Compliance (BHCQC). The BHCQC reviews complaints regarding health care facilities and patient care.
If your complaint is against a doctor or other medical professional, you should file a complaint with that professional’s governing board.
Additionally, talk with a nursing home abuse lawyer about your relative’s right to file a personal injury lawsuit, or your family’s right to pursue a wrongful death claim.
You can file a complaint online, over the phone, by mail, or in person. The Southern Nevada Office of the BHCQC is located in Las Vegas.
Family members file many complaints, but you do not have to be a legal relative to do so. Friends, other patients, health care workers, medical personnel, police officers, religious workers, and many others file nursing home complaints.
Each complaint is assessed to determine whether it includes substantial, minimal, or no harm. For alleged substantial harm, the BHCQC begins an investigation within 10 days. For minimal harm, the BHCQC begins an investigation within 45 days. A BHCQC investigator may review records, contracts, and policies, observe conditions at the facility, and conduct interviews with staff members, administrators, residents, and family members.
Investigators determine whether a facility violated a law or regulation or whether an allegation was unsubstantiated. Citations can result in sanctions such as fines, occupancy limits, and license revocation.
Has your loved one suffered an injury from nursing home neglect or abuse? Do you believe your loved one suffered an early death because of neglect or abuse? Then contact an elder abuse lawyer right away.
Our team at Oronoz & Ericsson, LLC will thoroughly investigate your loved one’s living and care environment and gather evidence of any neglect or abuse. We can guide you through the nursing home complaint process. We also will analyze whether your loved one or family has the right to file suit against the facility or a specific caregiver.
If we find evidence that neglect or abuse occurred and directly caused your relative’s injury, worsening condition, or death, then we may recommend demanding compensation in court.
It is illegal to physically or sexually abuse anyone in Nevada. However, the state has a specific penal law regarding harmful conduct toward a person over 60 years old. Individuals who neglect or abuse a senior may be charged with a misdemeanor or felony in Nevada. If the neglect or abuse led to substantial harm, then prosecutors will charge the responsible caretaker with a felony.
There is no excuse for a nursing facility or caregiver to neglect, abuse, or in any way harm an elderly or disabled resident. If you suspect someone is hurting your elderly relative in Las Vegas, Henderson, or surrounding areas, contact Oronoz & Ericsson, LLC through our online form or at (702) 878-2889. We offer free consultations during which we can listen to your circumstances and advise you on the best next steps.