What to Do if You Suspect Elder Abuse at a Las Vegas Nursing Home
It’s important to stay calm if you suspect that a family member is being abused in a nursing home. It’s equally important to act quickly to protect your loved one. If you believe the resident is in imminent danger, call the police or 911. If there is no immediate or obvious risk, take these steps:
Always believe your family member if he or she reports being mistreated. Disorientation and confusion are common among older people, but this is not the time to discount their claims. Ask what happened and who was responsible for it. If you see red flags of abuse or neglect, such as bruises or pressure sores, ask your loved one if he or she is being hurt. Keep in mind that they may not be able or willing to tell you.
Ask to meet with the nursing home management to report your concerns. If administrators cannot or will not provide a valid explanation, then you consider taking further legal action.
If you file a nursing home abuse claim in the future, you will need evidence. Start collecting it by taking pictures, writing down the names and job positions of anyone you have spoken to, and speaking with other residents that can corroborate your claims.
Nursing homes are responsible for providing proper care and complying with state and federal laws. When they fail to do this, it is important to report the abuse to stop it from happening and to prevent it from happening to anyone else. You can report nursing home abuse and neglect to the Long Term Care Ombudsman Program, the Aging and Disability Services Division of the Department of Health & Human Services, the Division of Public and Behavioral Health, or the Nevada Attorney General.
Your loved one may be entitled to claim compensation to help with the cost of injuries, including the emotional trauma they have experienced. A compassionate lawyer will fight for the full amount that the victim deserves for his or her suffering.
How to Prove Nursing Home Negligence
To be successful in your nursing home abuse and neglect claim, you will have to prove that the nursing home was at fault for the injuries and related losses. This is called proving negligence.
First, you (or your attorney, if you choose to hire one) will have to establish that the nursing home had a duty to keep your loved one safe. This can be one of the easier points to prove. If you had a contract and business agreement for your family member to reside at the facility, it had a duty to protect that resident from harm.
Next, you must show how the facility or its staff breached that duty. Evidence will be critical here to prove that the abuse or neglect happened. This can come from medical records, witness statements, photographs, video surveillance (if any), or other documents.
Third, you must establish how the breach caused the victim’s injuries. Again, evidence will need to show that a certain action (or failure to act) directly resulted in harm. Let’s say that your family member developed infected bedsores. If you can establish that staff did not regularly move or bathe the resident, or failed to report the sores to medical staff, they could be held liable.
Finally, you will need to show that you suffered damages related to the injuries. A skilled lawyer will be able to place a dollar value on the case based on the victim’s medical expenses, pain, and suffering, and lost quality of life.
Because the burden of proof is on you to convince an insurance company, judge, or jury that an elder care facility was negligent, it’s highly recommended that you contact a nursing home abuse lawyer before taking legal action.
When to Contact an Elder Abuse Lawyer
Contact an attorney as soon as you suspect that a family member is being mistreated at a nursing home. A lawyer can listen to your concerns and explain all of your legal options.
If your attorney believes your claim has merit, he or she can help build a strong claim for compensation by:
- Gathering evidence
- Determining who should be held liable
- Filing the claim in a timely and accurate way
- Alerting the appropriate authorities about the abuse
- Negotiating a settlement with the nursing home and their insurance companies
- Representing you at trial, if necessary
How Can THE702FIRM Injury Attorneys Help Me?
Every nursing home resident has rights under federal and Nevada laws. The nursing home abuse lawyers in Las Vegas at THE702FIRM Injury Attorneys can help you enforce them.
We know that acting fast is essential to protect your loved one’s welfare, as well as any future legal claim. That’s why our law firm is available 24/7 to respond to your needs. Call or contact us today for a free consultation.