Millions of American families trust nursing homes to care for their elderly loved ones. Unfortunately, some nursing homes fail to meet the needs of their residents. Nursing home negligence is a nationwide problem and can have serious consequences on the health and well-being of residents. In some cases, such negligence can even be fatal.
When a nursing home resident suffers a preventable injury or illness because of negligence by the facility or staff, that resident and their family have legal rights. Negligent nursing homes can be liable for damages related to the injury or illness if the family files a personal injury claim.
At the Cottle Firm, our personal injury lawyers are proud to represent families who have suffered due to nursing home negligence. Contact us today at 866-755-9111 to learn more about your family’s legal options in a free consultation.
Negligence is a legal principle that applies when one party is injured due to the carelessness or recklessness of another party. Individuals, businesses, and other entities often owe a duty of care to others, meaning that they are legally obligated to conduct themselves in a way that does not put others at risk of preventable harm. When one party breaches this duty of care and another gets injured as a result, the first party may be considered negligent.
Most personal injury lawsuits are filed based on negligence. Nursing homes owe a legal duty to provide each resident with everything they need and to ensure a safe environment that minimizes the risk of preventable injuries and illnesses. If a nursing home fails to meet this duty of care and residents suffer harm as a result, the resident and their families may have grounds for a lawsuit against the facility based on negligence.
Nursing home negligence encompasses a range of issues, including physical, emotional, and medical neglect, as well as financial exploitation.
Physical Neglect and Abuse
Physical neglect and abuse occur in nursing homes when residents suffer injuries due to inadequate care or intentional harm. Such injuries often result from understaffing, inadequate training, or harm caused by abusive individuals (either other residents or staff members).
Families who suspect physical neglect or abuse should consider speaking with an experienced Las Vegas nursing home negligence lawyer.
Emotional and Psychological Neglect and Abuse
Emotional harm caused by negligence can be just as damaging as physical neglect and abuse. Mistreatment by staff members can cause severe emotional suffering, which can manifest as nervousness, fear, depression, social isolation, withdrawal, sudden behavioral changes, and unexplained emotional distress.
Emotional abuse and neglect can significantly diminish a resident’s quality of life and lead to serious mental health issues. Families of residents should be aware of the signs of emotional and psychological neglect and abuse, as many residents may not be able to vocalize what they’ve been through.
Medical Negligence and Malpractice
Nursing homes have a critical legal duty to meet the medical needs of all residents. Medical negligence and malpractice can lead to severe health complications and even deaths among residents.
Common forms of medical negligence in nursing homes include:
Residents depend on nursing home staff for proper medical care, and any lapses in this duty can result in irreversible harm. Families who suspect medical negligence in a loved one’s nursing home should consult with an experienced nursing home abuse and neglect lawyer.
Recognizing the warning signs of nursing home neglect and abuse is vital for ensuring the safety and well-being of vulnerable residents. Certain red flags often indicate potential issues that require immediate attention. By being aware of these warning signs, families can take the necessary action to protect their loved ones and seek legal assistance when needed.
Unexplained Injuries and Bruises
Unexplained bruises, cuts, or fractures are often indicators of physical abuse or neglect, especially if the nursing home is unable to provide a reasonable explanation for these injuries.
Sudden Changes in Behavior
Abrupt shifts in behavior, such as withdrawal, depression, anger, or anxiety, could signify emotional or psychological neglect. Families who notice such changes should further investigate the living conditions and treatment of their loved ones.
Poor Hygiene and Unsanitary Living Conditions
Neglected nursing home residents often exhibit poor personal hygiene, live in unclean environments, and suffer from bedsores. All of these signs suggest a lack of proper care and attention from the nursing home staff.
Social Isolation and Withdrawal
Nursing home residents deserve to live in a supportive and nurturing environment. Those who live in negligent or abusive environments often struggle with social isolation, lack of interaction, and limited engagement with other residents or staff members, all of which are signs of emotional neglect.
Unexplained Weight Loss
Unexplained weight loss and signs of malnutrition or dehydration are typically clear indications of neglect. Residents who exhibit these warning signs require immediate attention to ensure that their nutrition and hydration needs are met.
When nursing home negligence leads to harm or injury to residents, families have the right to seek legal recourse. Understanding the legal options available is critical for families looking to protect their loved ones and hold negligent facilities accountable for the harm they’ve caused.
Families who have been affected by nursing home negligence should strongly consider discussing their case with a personal injury firm that handles nursing home negligence cases. At the Cottle Firm, our Las Vegas nursing home abuse and neglect lawyers are proud to provide the necessary guidance and support to navigate the complex legal system and ensure that the rights of nursing home negligence victims are protected.
Compensation for nursing home negligence may include reimbursement for all economic and noneconomic damages related to the harm suffered.
Damages commonly awarded in nursing home negligence lawsuits include:
Taking legal action against negligent nursing homes does not just help the families affected by it directly; it also holds these facilities accountable for their actions. A lawsuit can raise awareness and serve as a way of advocating for improved standards of care, which contributes to the overall well-being of nursing home residents in other Las Vegas facilities.
Nursing home negligence frequently goes undetected or unaddressed. Many victims never seek the help they need, and families often don’t realize what’s happened until significant harm has already occurred. According to a 2019 study by the Office of Inspector General, one in five high-risk hospital ER claims in 2016 involved potential abuse or neglect in skilled nursing facilities. This study also found that many of these facilities failed to report these incidents as required by federal law. Let’s take a look at the reasons why nursing home neglect and abuse are underreported.
Many nursing home residents suffer from conditions like dementia, Alzheimer’s, and other cognitive disorders that make it difficult for them to recognize abuse or communicate clearly. Even when residents do realize they’ve been neglected or abused, they may not be able to describe it accurately or consistently. This makes it harder for loved ones or authorities to intervene.
Some residents are afraid that if they report abuse or neglect, they’ll face retaliation. There have been cases of residents being handled roughly, verbally intimidated, and emotionally isolated after speaking up about abuse or neglect. This fear may be especially strong in facilities where residents are highly dependent on staff for daily care.
Negligent or abusive staff members may actively work to cover up evidence of mistreatment. This may include altering incident reports, giving misleading explanations for injuries, or even pressuring other staff members to stay silent. These actions make it much harder for families to learn the truth and gather proof of negligence.
Even the most attentive families can miss the subtle signs of nursing home neglect or abuse. Sudden personality changes, minor injuries, or vague complaints may be dismissed or misinterpreted. Loved ones may also place too much trust in facility staff or fear that raising concerns could lead to conflict or worsen their relative’s care.
In some cases, residents may feel embarrassed to admit they are being mistreated, especially in cases involving emotional, psychological, or sexual abuse. They may worry about being judged or not believed. This can cause them to suffer in silence rather than come forward.
The harm caused by nursing home neglect and abuse often goes beyond the immediate injuries and illnesses. Even minor lapses in care can lead to lasting physical, emotional, and financial consequences.
Lasting Physical Complications
Nursing home residents are entitled to several rights under a law called the Nursing Home Reform Act (NHRA), a congressional law passed in 1987 as part of the Omnibus Budget Reconciliation Act (OBRA). The NHRA includes a provision called the Bill of Rights for nursing home residents, which establishes that all residents must be guaranteed the following rights:
If you believe that your loved one is a victim of nursing home neglect or abuse, consider taking the following steps:
If you believe a loved one is suffering from nursing home neglect or abuse, it’s important to take action. Get in touch with the experienced Las Vegas nursing home negligence lawyers at the Cottle Firm today at 866-755-9111 to learn more about seeking justice for your elderly loved one.
