Las Vegas Nursing Home Abuse Attorneys

Often, yes. If a facility fell short of the care the circumstances required and your loved one was harmed as a result, you may have grounds for a claim. Two things decide how and where that claim proceeds, and neither is on the admission paperwork by accident. First, nursing home admission agreements commonly contain a pre-dispute arbitration clause, which may send the dispute to arbitration instead of a courtroom; whether a particular clause applies and is enforceable has to be looked at. Second, if the claim is pleaded as professional negligence against a provider of health care, NRS 41A.071 provides that the district court shall dismiss the action, without prejudice, if it is filed without a supporting affidavit from a medical expert meeting the four requirements the section lists. Bring the admission agreement to your first meeting with a lawyer.

Compensation in nursing home abuse cases may cover medical expenses, pain and suffering, emotional distress, loss of enjoyment of life, and, where clear and convincing evidence shows the facility acted with oppression, fraud or malice, punitive damages of up to three times the compensatory damages, or $300,000 if those are under $100,000, unless an exception in the statute or another specific statute applies. If the abuse leads to the death of the resident, a wrongful death claim can follow: the deceased’s heirs recover losses such as loss of companionship and support along with the pain and suffering of the deceased, and the personal representative of the estate recovers the estate’s losses, such as medical expenses incurred before death and funeral expenses.

Deadlines for nursing home abuse claims in Nevada depend on how the claim is framed. The general limit for an action for injuries to a person is two years (NRS 11.190(4)(e)). Where the claim is one for professional negligence against a provider of health care, NRS 41A.097 governs instead and sets a different period, measured from both the date of injury and the date the injury was discovered, whichever comes first, so it can be shorter than two years. Other exceptions can apply as well, including that the period does not run while the person entitled to sue was under 18 or insane when the claim accrued (NRS 11.250). It’s best to consult with an attorney as soon as possible to protect your rights.

At Jack Bernstein Injury Lawyers, we work on a contingency fee basis for nursing home abuse cases. This means you pay nothing upfront, and we only get paid if we successfully recover compensation for your case.

Retaliation against a resident who reports abuse is illegal. If your loved one fears retaliation, it’s crucial to discuss this with the nursing home management and your attorney. A plan can be developed to protect your loved one, which could involve moving them to a new facility or increasing oversight at their current residence.