Nursing Home Abuse Attorneys in Las Vegas
If you suspect that a loved one is being neglected or abused in an extended care home, contact us immediately at Gazda and Tadayon, Las Vegas’ most trusted attorneys for nursing home neglect and abuse injury. We deal with many personal injury cases in Nevada as one of the city’s most experienced law firms, but we take neglect and abuse cases very seriously. Let us help you fight for your family’s rights and due compensation.
When you trust your loved ones to the care of a nursing home or assisted living facility, they have a duty to provide them the best care and attention possible. Unfortunately, that is not always the case. One out of every four nursing homes has been cited for neglect or elder abuse, a shockingly high number, and many victims are unable to communicate with family back home about the incident. They can suffer for months or years under the abuse of a negligent or malicious caregiver, and this can lead to unneeded medical complications and emotional distress.
We Can Help You
- Determine if there is neglect or abuse taking place
- Gather concrete evidence of abuse or neglect
- File the necessary paperwork
- Consult with medical experts on the true costs of treatment and long-term care
- See your case through either to trial or to a settlement
Our first priority is your family’s well-being. When you work with us at Gazda and Tadayon, we take no fees until we collect from a trial or settlement, so you can focus on your loved one’s recovery and care. We put people and results first. Contact us today for a free consultation on filing a neglect and abuse claim.
How To Tell If Your Loved One Is Being Abused at the Nursing Home
It can be hard to tell at first if there’s something wrong at the nursing home. Many cases of neglect or elder abuse are not reported because patients might be unaware of the situation, or out of fear that their caregivers will retaliate. If you notice anything out of the ordinary with your loved one, don’t hesitate to ask questions and demand answers. Here are a few signs that may suggest that a neglect and abuse situation is on-going:
- Malnutrition or dehydration
- Falls and fractures
- Physical or chemical restraints
- Signs of physical or sexual abuse
- Bed sores
- Poor hygiene
- Unsanitary living conditions
- Wandering or leaving the property
- Extreme changes in behavior
- Emotional affectation
It’s better to be safe than sorry. You don’t want to take any chances when it comes to your loved one’s physical and emotional well-being. If you suspect they are being abused or neglected, call us today at 702-220-7128 for a free consultation and get the most experienced personal injury attorneys in Las Vegas on your side.
What to Know About Nursing Home Neglect
Nursing home neglect refers to inadequate care of the residents by the staff. Sadly, this is quite common. In fact, the National Center on Elder Abuse (NCEA) found that almost 95 percent of nursing home residents have been affected either by witnessing neglect or by experiencing the neglect and abuse themselves. A caregiver may start mistreating a patient in small ways at first before escalating the abuse and behavior, making it more difficult to detect. The elderly patients themselves may not want to speak out about the abuse since they might not be aware of their rights, or because they are intimidated by the staff. In some cases, a language barrier or cognitive issues may also prevent discovery of nursing home neglect.
Types of Nursing Home Abuse
Neglect and abuse cases can take on many different forms. The basic premise is that the caregiver has a duty to the patient, and they either fail to fulfill those duties or conduct malicious activities that causes injury and sometimes death to the patient.
Here are some of the most common examples of neglect in the nursing home environment:
- Medical. Medical neglect refers to inadequate attention to the elder resident’s medical issues. When a patient is admitted to a nursing home, they have a file that caregivers must review and refer to. Failure to keep to these standards, such as forgetting to provide medication or alert a medical professional in the event of an emergency, can all constitute medical neglect.
- Basic needs. In addition to medical needs, patients also have a right to their basic needs, such as sufficient food, water, and a safe, clean environment. In some cases, the facility does not provide enough access to these everyday needs.
- Personal care and hygiene. Personal care refers to needed help with hygiene, bathing, dental, clean sheets, and so on. For example, upkeep of a patient’s bedding should be done to prevent bedsores and other skin issues from developing.
- Social and emotional. Social or emotional neglect includes a failure to give the residents adequate company or entertainment. A patient’s social and emotional needs can sometimes be overlooked, but they are a critical part of their overall picture of health. Neglect or malicious treatment can lead to cognitive decline and emotional and behavioral issues.
- Abuse. In extreme cases, caregivers subject patients to physical, emotional, or sexual abuse. Even seemingly minor injuries, like cuts and scrapes, can be a warning sign of abuse,since caregivers often start with small forms of mistreatment before escalating to more abusive behavior.
There are countless more ways that an elder can be mistreated, and it’s important to be aware of these so you can take immediate action to protect your loved one. In some extreme cases, mistreatment of elders can lead to wrongful death. When a neglect and abuse case is suspected, the patient must be immediately transferred to a different facility in Las Vegas to protect their well-being and health.
Why Nursing Home Neglect Might Occur
For many of us, it’s unthinkable that a caregiver could be so heartless when it comes to their patients and wards, especially for disabled and elderly patients who need the most care. Should a case go to court, the legal team will want to demonstrate why the neglect occurred, but many families also want to understand the motives behind the abuse in the first place. It almost always stems from some lapse on the part of the management or the staff.
These are some typical reasons why nursing home neglect occurs:
- Understaffed nursing facilities. Sometimes, nursing homes put money before their patients and fail to hire enough caregivers to handle the number of residents that need care. As a result, the caregivers are unable to give everyone the adequate care and attention they need. This additional pressure on caregivers can also lead to serious mistakes due to overwork and stress. Currently, more than 90% of nursing facilities may be understaffed.
- Negligent hiring practices. It’s the responsibility of the facility to carefully vet their employees. During screening, the employees should ideally have clean records and the right credentials for their position. Failure to check for these standards can lead to the wrong kinds of caregivers in a facility.
- Poorly trained staff: In some cases, the caregivers might have good intentions but make neglectful mistakes because they did not get the right training from the facility. It is their employer’s responsibility to ensure that initial and continued training is provided. This can lead to routine mistakes, like improper handling of mobility issues or daily hygiene.
Most care professionals are compassionate, skilled workers who are fantastic at their jobs, but it takes just one bad apple to ruin a nursing home environment. Luckily, there are systems in place in Nevada that make certain that neglect and abuse are caught and stopped. By filing a neglect and abuse case on behalf of your loved one, you are fighting for their rights to proper care, but also ensuring that other residents and patients can be protected as well once the abusive party is taken out of the care system.
Taking Action: Next Steps and Compensation
Anybody who suspects nursing home neglect should act right away. There are certainly false alarms, but there’s nothing to lose and everything to gain when we prioritize the well-being of our families and loved ones. Patients can suffer from very serious mental and physical problems even after just a short time of neglect, and in extreme cases abuse can lead to serious injury or even death.
Neglect and abuse is illegal in Nevada, and as personal injury lawyers with more than 50 years of experience, we are well-equipped to help you take legal action. The mistreatment of your loved one may have already caused you and your family immense grief and anger, in addition to the extra costs of medical treatment and recovery. At Gazda and Tadayon, we use all available resources to help get you the compensation and peace of mind you deserve.
The amount of compensation varies from case to case, but some of the costs that can be covered include:
- additional medical treatment or surgeries
- transfer to another nursing home or facility
- loss of wages caused by time spent on the case
- costs of travel
These cases can sometimes be settled out of court, but at times we need to litigate, or pursue a lawsuit against the liable party. Many lawyers are proficient at settlements but lack the knowledge and experience to pursue litigation, especially for a complex personal injury case like neglect and abuse. Luckily, you have us on your side. Our law firm is known for our confidence in personal injury litigation, and we work tirelessly until your case comes to a conclusion.
Should we choose to litigate, the case will go to court and be seen by a judge or jury. Settlements are often faster, but in some cases a trial can be the best way to pursue monetary compensation and justice for the victim. As always, we are a no fee law firm at Gazda and Tadayon, which means we cover all legal fees until we collect from a case.
One more important thing to note: Nevada is a limited statute state, which means there is a limited time frame for people to file a personal injury claim, like nursing home neglect and abuse. Even if the abuse occurred in the past, there could still be time to file for compensation. It is critical that you work with an attorney with extensive knowledge of these types of cases, and who can work on your case as soon as possible.
Why choose our Las Vegas Neglect and Abuse Law Firm
With over 50 years of combined experience, we’ve seen it all at Gazda and Tadayon. As former defense attorneys for the insurance industry, we know the ins and outs of personal injury cases, and we fight relentlessly for your rights and adequate compensation. We have extensive knowledge of the types of injuries that occur in a neglect case, and we also consult with medical experts to get a complete understanding of the treatment required. This also means you have a better shot at getting complete and full compensation in your case.
We leave no stone unturned to help you get back the quality of life and peace of mind you deserve.
Every single detail can make or break a neglect and abuse case. We work with medical professionals and law enforcement to get a better sense of the situation, and conduct our own independent examinations so that we can use every possible opportunity to improve your case.
We also understand that your legal fight is just one part of your journey to recovery. Our friendly staff is there to make the legal process as smooth and comfortable as possible, and we help our clients consult with medical experts to determine the care they need.
Other law firms go to us for advice on their most challenging and difficult cases. If our peers and clients trust us to call the shots, you know that we can handle your case with the highest standards of compassion and professionalism.
A Proven Record Of Success
The attorneys of Gazda and Tadayon have been recognized by the Multi-Million Dollar Advocates Forum for winning millions in compensation for our clients. Our ethical standards have also been highlighted by the law directory Martindale-Hubbard. When you work with Gazda and Tadayon on a personal injury case, you will receive proven representation with full integrity.
To get started, schedule a free consultation for your neglect and abuse claim, or read what our clients have to say on our Gazda and Tadayon reviews page. You can also visit us in person at our welcoming and compassionate law firm, located at 2600 S Rainbow Boulevard, Suite 200.
Additional Resources for Elderly Abuse:
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Nursing Home Neglect & Abuse FAQs
A resident in a nursing facility that participates in the Medicare program has the right, under statute, to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition.
Today, all states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations. An investigation will usually include interviews with the resident, his or her family members, and nursing home staff and management. If allegations are found, adult protective services will provide services to the older person to try to remedy the problems and prevent their recurrence; however, there may be situations where the victim or the victim’s family do not feel satisfied or justly compensated for the injury or indignity suffered at the hands of the nursing home. In such cases, the resident or resident’s family member should speak to an attorney about bringing a civil action for damages against the nursing home. In addition, the circumstances may warrant a criminal prosecution.
Most states define neglect of an older person as the failure to provide him or her with services essential to health and safety, such as food, shelter, clothing, supervision, and medical care. Even if such failures are intentional, or simply careless, often will determine whether a case against a nursing home is framed as one for neglect or abuse.
An act of abuse, neglect or exploitation of an older person might give result to one or all of the following proceedings:
1) an investigation and finding by an adult protective services agency
2) a civil cause of action for damages (a lawsuit) and/or,
3) a criminal prosecution.
These proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the goal of a civil action (lawsuit) is to remedy damages; and the criminal prosecution is meant to punish the harmful conduct.
A lot factors have been shown to contribute to the abuse or neglect of nursing home residents. This includes:
1.) poorly qualified and inadequately trained staff
2.) staff with a history of violence; inadequate numbers of staff
3.) the isolation of residents