The Centers for Disease Control and Prevention (CDC) reports that at least 1.3 million Americans reside in nursing homes. It is the responsibility of these facilities to provide care and a safe environment for the senior citizens who live there. However, many residents of nursing homes experience abuse or neglect instead.
According to the National Center on Elder Abuse (NCEA), one in every 10 people older than 60 years of age experience abuse, or about five million elders every year. Elder abuse is a serious problem within nursing homes, and residents experience abuse both from facility staff and other residents.
If your spouse, parent, or other loved one in a nursing home facility experienced mistreatment, or you suspect they have suffered abuse or neglect, an attorney could help you get justice and compensation for their suffering. A Las Vegas nursing home abuse lawyer with Ben Crump Law, PLLC, could help you pursue legal action and get your loved one the proper care they deserve. Call our team today at (800) 712-9119 for a free no-obligation consultation.
Nursing Home Abuse and Neglect
Unfortunately, elder abuse and neglect within nursing homes is not a rare occurrence. An NCEA study found that 95% of nursing home residents reported that they experienced neglect or observed another resident neglected, and 44% of residents reported that they experienced abuse.
While many people conflate the terms abuse and neglect, and victims can use both as the grounds for a lawsuit, abuse and neglect are not the same. According to the National Consumer Voice for Quality Long-Term Care:
- Neglect is the failure to provide care, including failing to act to prevent harm or react to a harmful situation. Neglect may be either unintentional or intentional.
- Abuse is when a person intentionally causes harm to another person. It is never accidental or unintentional. Abuse can take many forms, including physical, financial, sexual, psychological, or verbal.
Neglect is more common than abuse, but both are unacceptable. Nursing home facilities have a duty to care for their residents, so if you or a loved one experienced either abuse or neglect within a nursing home, you have the right to pursue legal action for your suffering. A Las Vegas nursing home abuse lawyer could help with this pursuit. Call Ben Crump Law, PLLC, today to get started.
For a free legal consultation with a nursing home abuse lawyer serving Las Vegas, call (800) 712-9119
Signs of Abuse and Neglect to Watch For
Nursing home abuse and neglect can occur in many ways—from staff failing to position a resident’s body correctly in their bed or wheelchair to one resident assaulting another. Here are some indicators of abuse or neglect that you should watch for in your loved one:
- Large and frequent bruises or bruises in unusual places
- Bone fractures
- Incorrect medication or dosages
- Poor hygiene or lack of cleanliness
- Dirty or torn clothing or bedding
- Undocumented or untreated injuries
- Failure to follow medical orders
- Anxiety, fear, depression, and withdrawal
- Unclean facilities
- Lack of assistance
If you believe or suspect abuse or neglect within a nursing home in Las Vegas, you should report it immediately to the Nevada Aging and Disability Services Division (ADSD).
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You Can Take Legal Action for Nursing Home Abuse and Neglect
If you or your loved one experienced abuse or neglect within a nursing home, you have the right to take legal action. You can pursue a personal injury or wrongful death lawsuit to hold the facility or caretakers responsible for their actions.
At Ben Crump Law, PLLC, our Las Vegas nursing home abuse lawyers stand ready to help you. We take the matter of elder abuse very seriously and devote ourselves to standing up for victims. You can entrust your case to us, so you can focus on recovering from your suffering or loss.
Our team can investigate to gather evidence of the abuse or neglect. We can look at facility records, medical records, surveillance videos, and photos and gather witness statements and expert medical testimony. We can pursue a lawsuit on your behalf, manage all the necessary paperwork and communication, and negotiate a settlement or represent your interests in court.
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Recoverable Damages for Nursing Home Abuse and Neglect
By pursuing a civil lawsuit, you could receive financial compensation for you and your loved one’s suffering. Recovering compensation, or damages, can deter more wrongful actions and help ease your financial burden. There are three main types of damages you could recover through a civil lawsuit in Las Vegas:
- Compensatory damages: Reimburse you for direct costs, such as medical expenses, funeral expenses, and other out-of-pocket losses.
- Non-economic damages: Payment for intangible losses, such as emotional distress, pain and suffering, loss of companionship, loss of enjoyment of life, loss of guidance, and more.
- Punitive damages: Awarded only in cases of severe neglect or malicious actions. They serve to punish the defendant.
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There Is a Two-Year Time Limit for Most Cases
Civil lawsuits are subject to statutes of limitations, state laws that set a deadline for how long you can take legal action after a wrongful event or offense. In Nevada, the statute of limitations for both personal injury lawsuits and wrongful death lawsuits is two years, according to Nevada Revised Statutes (NRS) § 11.190.
If you miss this deadline, you could lose your right to recover compensation and hold the responsible parties accountable for their abusive or negligent actions. You might want to contact an attorney as soon as possible to make sure you know your legal options.
Ben Crump Law, PLLC, Can Help
You can reach out to a Las Vegas nursing home abuse lawyer even if you only suspect nursing home abuse or neglect. At Ben Crump Law, PLLC, our team offers free consultations without any obligation to continue your case. Contact us to learn more about your legal options and how we can help protect your loved ones in nursing homes.
Our firm works on a contingency fee basis, which means you have no upfront costs and will never owe us any attorney’s fees unless you recover a settlement or court award. Call us today at (800) 712-9119 to get started.
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