Elder Abuse Attorney in Las Vegas, NV
Elder abuse is a serious issue that affects many vulnerable individuals in nursing homes and other care facilities. When an elderly loved one suffers from physical abuse, emotional abuse, or financial exploitation, it can cause significant trauma and harm. As an elder abuse personal injury lawyer in Las Vegas, NV, we seek justice for victims.
We can assist you in recognizing the signs of abuse. Whether the abuse occurs in a nursing home, elder care facility, or at the hands of a caregiver, we are here to provide the legal support needed to take action and hold the responsible parties accountable.
Types of Nursing Home Abuse and Neglect
According to The National Center on Elder Abuse (NCEA), there are seven different types of nursing home abuse and neglect. These include:
- Physical abuse: Any physical force that results (or could result) in pain, impairment, or bodily injury is considered physical abuse. Examples include hitting, pushing, shaking, shoving, slapping, pinching, or kicking. The use of restraints, improper use of medication, and any type of physical punishment are also considered physical abuse.
- Sexual abuse: Any type of unwanted sexual contact, such as touching, intercourse, assault, and battery, is considered sexual abuse. Many nursing home residents cannot provide consent, so any sexual contact may be regarded as sexual abuse.
- Emotional abuse: Also known as psychological abuse, this can include intimidating, humiliating, insulting, threatening, or harassing nursing home residents. Emotional abuse can also involve giving residents the silent treatment, treating them as a child, and preventing them from participating in social activities that they enjoy.
- Financial abuse: Stealing and inappropriate use of a resident’s property, money, or assets is financial abuse. Staff members may forge a resident’s signature, deceive a resident into signing financial documents, or cash their checks without permission.
- Neglect: Nursing home abuse is intentional. Neglect refers to carelessness that results in a resident becoming injured. Nursing homes that do not ensure that all residents are provided proper hygiene and have access to medicine, food, shelter, and clothing may be held liable for neglect.
- Abandonment: Leaving a resident alone or unsupervised is abandonment and a severe departure from the standard of care expected at nursing homes.
- Self-neglect: Residents may refuse to care for themselves. However, even when this happens, nursing homes ensure residents receive proper care.
How to Spot Nursing Home Abuse and Neglect
Nursing home abuse is widely believed to be an underreported crime. Look for these warning signs if you suspect that someone is a victim of nursing home abuse or neglect:
- Poor personal hygiene: Nurses, doctors, and staff are responsible for helping residents maintain proper hygiene. This includes assistance with bathing, toileting, dressing, and managing health conditions to prevent hygiene-related medical problems. Staff members should also help residents dress cleanly and provide fresh bedding.
- Sanitary living conditions: Nursing home administrators and staff should always ensure all areas of their facilities are clean and hygienic. Federal law also requires them to maintain an infection control program. When dirty bathrooms, kitchens, and everyday living areas are dirty, dangerous health infections can spread rapidly.
- Malnutrition/dehydration: Signs of malnutrition and dehydration include chapped and dry lips and skin, sunken eyes and cheeks, and sudden weight loss. Malnutrition and dehydration can occur due to neglect. These conditions can also be abuse-related, as in cases where staff members intentionally deprive a resident of food and drink as a form of punishment.
- Mobility issues: Many people are moved to nursing homes when their mobility diminishes. Facilities are responsible for providing opportunities for elders to move around safely. When residents are left in beds or wheelchairs for long periods, their mobility issues can worsen. Circulation problems, loss of muscle tone, bedsores, and balance issues are all possible signs that residents are inactive enough.
- Unexplained injuries: Falls are a leading cause of injury among the elderly. Nursing homes must provide assistive equipment, monitoring, and support to help residents avoid unnecessary falls. Broken hips, head injuries, bruising, skin redness, or scrapes that go unexplained could be a sign of abuse or neglect.
- Psychological injuries: Residents who suddenly become angry, fearful, withdrawn, or experience a cognitive decline may be victims of nursing home abuse.
- Wandering: Older people with dementia and other cognitive impairments may not have the judgment to make safe decisions.
These residents should be kept on a secured wing with locked doors that prevent them from making an easy exit. If your family member was found wandering or was injured due to wandering, it could be a sign of nursing home neglect.
Don’t be afraid to say something if you have concerns about how a nursing home operates. It’s better to be safe than sorry.
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:
Talk to your loved one:
Always believe your family members if they report being mistreated. Disorientation and confusion are common among older people, but there are better times 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 they are being hurt. Keep in mind that they may not be able or willing to tell you.
Talk to management:
Ask to meet with the nursing home management to report your concerns. If administrators cannot or will not provide a valid explanation, then you should consider taking further legal action.
Take notes:
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 talking with other residents who can corroborate your claims.
Report the abuse:
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 Division, or the Nevada Attorney General.
Speak to a Las Vegas nursing home abuse attorney:
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 win your nursing home abuse and neglect claim, you must prove the nursing home was responsible for the injuries and related losses. This means proving negligence.
First, you need to show that the nursing home must keep your loved one safe. This is usually straightforward. If you had a contract for your family member to stay at the facility, it had a duty to protect the resident from harm.
Next, demonstrate how the facility or its staff breached that duty. Evidence is necessary. You can maximize the following resources to prove the abuse or neglect happened:
- Medical records
- Witness statements
- Photographs
- Video surveillance
- Other documents
Third, you must prove that the breach caused the victim’s injuries. Evidence must show that an action (or failure to act) directly resulted in harm. For example, if your family member developed infected bedsores and you can prove the staff did not move or bathe the resident regularly or failed to report them to medical staff, they could be held liable.
Since the burden of proof is on you to convince an insurance company, judge, or jury that the elder care facility was negligent, it’s highly recommended to contact a nursing home abuse lawyer before taking legal action. Protecting your elderly loved one is the first priority. Don’t wait—act quickly to ensure they receive the proper care and justice they deserve.
When to Contact an Elder Abuse Lawyer
If you suspect that an elderly loved one is experiencing abuse, understand when to seek legal help. Elder abuse can manifest in many forms, including physical, emotional, sexual, and financial harm.
If you see any of these warning signs, contact the authorities or a skilled attorney specializing in cases of elder abuse to get guidance on how to document the abuse. This is also to initiate a nursing home abuse lawsuit if necessary. They can also advise on how to ensure the safety of your loved one and help you explore the best legal options available.
How Can THE702FIRM Injury Attorneys Help in Elder Abuse Cases?
When facing the distressing reality of elder abuse, THE702FIRM Injury Attorneys stands ready to advocate for the vulnerable and their families in Las Vegas. Specializing in cases of elder abuse, our law firm tackles instances of physical, emotional, and sexual abuse with diligence and sensitivity. For those suspecting mistreatment in nursing homes, whether it’s financial exploitation, neglect, or physical injuries, we provide the necessary legal support to address such injustices.
Schedule a consultation with us and trust our dedicated elder abuse attorneys in Las Vegas to guide you through this challenging time with compassion and competence.