Las Vegas Nursing Home Abuse Lawyers
Top-Rated Nursing Home Negligence Law Firm Serving Las Vegas for Over 25 Years
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Is Your Relative Suffering from Nursing Home Neglect in Las Vegas?
Benson & Bingham Accident Injury Lawyers, LLC has one primary objective: Justice. Justice for the malicious treatment of a variety of ailments brought on by negligent caregivers to residents. Justice to the victim; Justice to the family; and Justice to the perpetrator. Benson & Bingham Accident Injury Lawyers, LLC focus on hearing individual cases, trying lawsuits, and instituting reform. Victims can have their questions answered 24 hours a day, telephonic-ally or by email. Do not delay-call for a free, confidential appointment. Let our experienced Las Vegas Nursing Home Abuse Lawyers help you and your loved ones. Elder law in Nevada protects those ages of persons aged 62 and over. The chapters of the law that deal with this group are covered in NRS 427 (A), services to aging persons.
What is Nursing Home Negligence or Neglect?
Nursing home abuse occurs when a facility resident suffers mistreatment, neglect, isolation, exploitation of their finances or Medicare funds, or another form of negligence. This can encompass a wide range of intentional and neglectful behaviors, including being denied sufficient nutrition, clothing, medical care, or water; lack of a clean and environment; emotional abuse and threats; drugging; beatings; or sexual abuse. It may be caused by understaffing, undertraining, isolation, fear of reporting wrongdoing, negligent maintenance of the building, lack of safety protocols and equipment, and much more.
Who Can File a Nursing Home Abuse Claim?
Either the elderly person who has been the victim of nursing home abuse or neglect can file a personal injury claim on their own, or their close relatives can bring a lawsuit on behalf of their family member. Typically, the right to bring a personal injury claim is limited to either the individual themselves, the individual’s estate executor or personal representative, or the closest living relative, such as an adult child, spouse, sibling, or grandchild. Your Nevada nursing home abuse attorney can help you determine whether you are eligible to file a claim on your relative’s behalf.
Nursing Home Abuse Statute of Limitations Under Nevada Law
As with other personal injury claims, nursing home abuse or neglect has a 2 year statute of limitations from the date of the injury or the date it was discovered. Occasionally, a pause in that two year statute of limitations may be initiated if the nursing home or a staff member intentionally hid the abuse from the family to avoid discovery. However, building a strong personal injury case takes time, so it’s best to schedule your consultation with a leading Las Vegas nursing home neglect lawyer as soon as possible.
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Why We’re Las Vegas’ Top Choice Nursing Home Neglect Lawyers
We’ll Help You Get Compensation for Your Nursing Home Abuse Claim
Nursing home abuse claims are emotional and complex. Multiple parties may be at fault, and family members may be dealing with anger, sadness, and guilt over what their loved one has suffered. That’s why you need a trusted Nevada personal injury law firm who has what it takes to ensure justice is done. The experienced attorneys at Benson & Bingham Accident Injury Lawyers, LLC, are experts in negotiation and will leave no stone unturned as we search for evidence. We will handle your case with professionalism, compassion, and a completely personalized approach. Call us at 702-382-9797 to schedule your free consultation and discuss your legal options!
Types of Damages Awarded Through Nursing Home Abuse Lawsuits
What Compensation Can You Claim When a Senior Relative is Suffering from Negligence?
Loss Of Income
Family members who had to take time away from their job to handle the nursing abuse situation, including time spent on the legal case, caring for the victimized family member, and finding a new care situation for their loved one, may be able to claim the wages or income they lost when they were away from work.
Family Member’s Grief & Sorrow
Your loved one and relatives may be entitled to psychological counseling or therapy as a result of their suffering, as well as compensation for their grief, sorrow, and emotional distress that resulted from their mistreatment. Your Las Vegas nursing home abuse lawyer will work to calculate a fair amount.
Medical Expenses
Any medical bills or expenses that were incurred for your loved one’s injuries as a result of their abuse, including transfer of care to another facility and their anticipated future medical expenses, should be calculated into a fair settlement amount in your personal injury nursing home abuse case.
Pain & Suffering
Nursing home abuse can be physically painful and/or emotionally painful. Whatever the circumstances, you and your loved one may be entitled to financial compensation for the pain and suffering they endured during their mistreatment. An experienced Las Vegas personal injury lawyer will know how to demonstrate this in your claim.
Decreased Quality of Life
Victims of nursing home abuse frequently endure a reduced quality of life. Whether this is due to starvation, physical neglect, emotional distress, or another kind of abuse, your Las Vegas nursing home neglect lawyer will uncover evidence and fight to include this compensation in your personal injury claim.
Cost of Future Care
Once the neglect has been discovered, your loved one will need to find care at another facility. In some cases, the victim may need additional care and attention. The cost of this future care for any injuries that were incurred is typically calculated into a fair settlement amount in nursing home abuse claims in Nevada.
Meet Our Skilled Team of Attorneys
Benson & Bingham Accident Injury Lawyers, LLC, is redefining personal as we take a respectful, compassionate, and personalized approach to each case we serve. Partners Joseph L. Benson II and Ben J. Bingham, along with their associates, have developed a reputation as one of the most respected personal injury attorney firms in Nevada. We will listen carefully to your story, uncover evidence, build a strong case on your behalf, fight for a fair settlement in negotiation or at trial, and do whatever we can to see justice done.
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Las Vegas’ Leading Attorneys For Nursing Home & Elderly Abuse Cases
Client Testimonials
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
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Award-Winning Nursing Home Abuse Law Firm Serving Las Vegas
Benson & Bingham: Extensive Experience with Nursing Home Abuse Cases
Total Settled By Verdicts For Clients
Since 2004, our firm has recovered over $500 million in compensation for victims who have been injured as a result of someone else’s negligence or recklessness. Our firm specializes in nursing home abuse, wrongful death, and other personal injury claims.
Wrongful Death
When a victim dies as the result of someone’s negligent or reckless actions, their family can bring a wrongful death claim against the at-fault party. We recently settled nearly half a million dollars for a suffering family after a wrongful death.
Medical Malpractice
Our trusted Las Vegas medical malpractice attorneys were able to win $300,000 on behalf of a client who had suffered as a result of medical malpractice, which can include neglectful or willful actions against a patient.
Visit Our Local Nursing Home Abuse Law Firm in Las Vegas
Las Vegas, NV 89101
If you’re ready to learn more about how our firm can ensure justice is done for your elderly loved one who has suffered from nursing home abuse, call our conveniently located office in Nevada to schedule your free, confidential consultation with one of our personal injury attorneys. We will review your legal options and discuss a plan for how to move forward. Call us today! We are ready to fight on your behalf.
What Evidence Do I Need in a Nevada Nursing Home Negligence Lawsuit?
Medical Records, Exams, Prescriptions & Expenses for Related Injuries
Documentation is essential to building a strong case. In Nevada nursing home abuse cases, this will include medical records, imaging reports, prescription medication information, and proof of medical expenses that were incurred to treat the injuries from the neglect. This information will be used to build a case and calculate a fair settlement amount for your loved one’s suffering.
Photos & Videos Proving the Resident’s Injuries were Caused by Neglect
Photographic and video evidence of your loved one’s injuries, living situation, and other elements related to your case will provide compelling evidence in a negotiation or at trial. Your Las Vegas nursing home neglect attorney may utilize expert testimony and phone records, subpoena nursing home records and policies, interview other residents and witnesses, and much more in order to build a strong case on behalf your loved one.
Documents Proving Your Relationship to the Nursing Home Resident
If you are filing a nursing home abuse claim on behalf of the victim, you’ll need to provide proof of your relationship to that person. This could include government documents, such as your birth certificate or marriage certificate to prove that you are the victim’s child or spouse. If you are the executor of the victim’s estate, you’ll need to provide estate planning documentation that establishes your authority on the victim’s behalf.
The Most Common Ailments We Encounter in Nursing Home Abuse Cases
Neglect and abuse in nursing homes can take many different forms, which means the signs and symptoms of neglect can vary dramatically from one person to another. Most commonly, our Las Vegas medical malpractice lawyers will observe physical symptoms, such as bed sores, malnutrition, falls, and other injuries. We may also be able to document depression and emotional trauma, a decline in function or the will to live, or evidence of sexual abuse. We will work to uncover evidence to find proof of the damage that was done.
Bed Sore Injuries
Bed sores can occur when a person is bedridden, unconscious, unable to sense pain, or immobile. Bed sores are ulcers that occur on areas of the skin that are under pressure from lying in bed, sitting in a wheelchair, and/or wearing a cast for a prolonged period of time.
Fall Related Injuries
Falls can be the result of understaffing, poor safety procedures, or staff neglect and may be a sign of nursing home abuse. Victims may experience fractures, bruising, lacerations, and many other injuries related to falling.
Bone & Hip Fractures
Falls frequently result in hip fractures and other broken bones. These types of injuries can also be the result of physical abuse, such as beatings, malnutrition, rough handling, and other neglectful practices.
Traumatic Brain Injuries & Organ Damage
Nursing home residents who have been struck, abused, and neglected, or who have fallen due to lack of assistance may suffer from traumatic brain injuries and organ damage that may be permanent.
Mental Health Declines & Depression
Victims who are suffering emotional abuse, isolation, sexual abuse, or who are being mistreated physically frequently experience a decline in their mental health and will to live, and may suffer from depression or anxiety.
Malnourishment & Dehydration
When a resident is denied sufficient food and water, or is not fed nutritiously, they may experience physical decline from malnutrition and dehydration. This may cause serious weight loss and can even be fatal.
Poor Personal Hygiene & Unsanitary Living Conditions
Neglect of personal hygiene and lack of cleanliness are serious and unfortunately common situations seen by our Las Vegas nursing home abuse lawyers. Victims may suffer infections, illness, and discomfort from this inhumane treatment.
Neglect and Wrongful Death
Neglect and forceful medicating can lead victims to feel like prisoners of their own body, vegetating until the next dose. This horrific and common medicating practice is not only a civil rights violation but also a criminal act. Neglect leading to wrongful death can also bring murder charges and/or negligent homicide.
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FAQs
About Nursing Home Abuse Claims
Review these common questions about nursing home abuse claims in Nevada. If you have more questions or are seeking personalized advice for the harmful situation that your loved one is experiencing, contact the experienced personal injury lawyers at Benson & Bingham Accident Injury Lawyers, LLC, to schedule your obligation-free, completely confidential consultation. You can also read more about nursing home abuse and personal injury claims in Nevada on our blog!
How Do You Prevent & Treat Bed Sore Injuries Caused by Nursing Home Neglect?
Bedsores can be prevented by inspecting the skin for areas of redness (the first sign of skin breakdown). Other methods of preventing bed sores and preventing progression of existing bed sores include:
Bed Sore Injury Prevention:- Frequent turning and re-positioning
- Providing soft padding in wheelchairs and beds to reduce pressure
- Providing good skin care by keeping the skin clean and dry
Specific treatment of a bed sore is determined by your physician and based on the severity of the condition. Treatment may be more difficult once the skin is broken, and may include:
Bed Sore Injury Treatment:- Removing pressure on the affected area
- Protecting the wound with medicated gauze or other special dressings
- Keeping the wound clean
- Transplanting healthy skin to the wound area
- Medication (i.e., antibiotics to treat infections)
What are the Types of Fall Related Injuries in Nursing Home Abuse Cases?
Fall-related injuries are a major health threat for nursing home residents. Older people who live in nursing homes tend to fall more frequently than older adults who live within the community. Approximately 50% of nursing home residents aged 65 and over fall each year, and nearly 1,800 die annually as a result of their falls. About 10 to 20 percent suffer injuries, and 6 percent sustain fractures. In a typical 100-bed nursing home, 100 to 200 falls are reported each year, and many go unreported. When older people fall, they can experience decreased physical functioning, a reduction in the quality of life, decreased confidence, and an increased fear of falling, which can lead to further functional decline, depression, social isolation, and feelings of helplessness. If you or a loved one has been injured in a fall, it is crucial to consult with our experienced Las Vegas slip and fall lawyers to understand your legal rights and seek the compensation you deserve.
Fall Related Injuries:- Wet floors
- Poor lighting
- Lack of necessary bed rails and improper bed heights
- Improperly maintained or fitted wheelchairs
- Debris and Clutter
- Medications, especially mind altering drugs
- Difficulty in moving patients, or assisting them to the restroom, due to poor staffing
- Failure to have sufficient staff to answer call buttons *Failure to have call buttons that are in proper working condition
- Failure to properly to rain staff in lifting and handling techniques
- Failure of the staff to adequately supervise residents
- Poor foot care
- Restraints
- Weakness and gait problems associated with malnutrition and/or dehydration
Why Do You Need an Attorney to File a Nursing Home Abuse Claim in Nevada?
Nursing home abuse cases are complex and emotional as family members frequently feel anger, disappointment, grief, and guilt over what has happened. An experienced Las Vegas nursing home neglect attorney has the legal knowledge and expertise that is needed to build a strong case on behalf of the victim. We know how to uncover evidence, what deadlines must be met, and how to give a compelling argument. Many nursing home abuse claims are settled out of court, which requires strong negotiation skills. If necessary, we are prepared to take your case to trial. Hiring a personal injury attorney will significantly increase the chances of a successful claim and maximize your compensation.
What Is The Resident’s Bill Of Rights In Nevada?
The Nursing Home Reform Act established the following rights for nursing home residents:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
- The right to voice grievances without discrimination or reprisal.
Falls in Nursing homes according to the CDC is the largest problem in Nursing homes. In 2003, 1.5 million people 65 and older lived in nursing homes (National Center for * Health Statistics 2005). If current rates continue, by 2030 this number will rise to about 3 million: Center for Disease Control and Prevention (CDC) Details How Nursing Home Falls have Risen
Per the CDC:
- About 1,800 people living in U.S. nursing homes die each year from falls (Rubenstein et al. 1988).
- About 10% to 20% of nursing home falls cause serious injuries; 2% to 6% cause fractures (Rubenstein et al. 1988).
- Falls can make it hard for a person to get around, cause disability, and reduce quality of life. Fear of falling can cause further loss of function, depression, feelings of helplessness, and social isolation (Rubenstein et al. 1994). Id.
In the Event of Wrongful Death Should I Contact the Insurance Company First?
The Las Vegas wrongful death attorneys at Benson & Bingham strongly recommend scheduling your free consultation with our firm before you contact any insurance companies. It’s easy to make unintentional mistakes that can reduce the strength of your claim or to accidentally admit partial fault, especially when you are facing the intense emotions that come with wrongful death of a loved one. Let us handle the legal aspects of your wrongful death case to increase the likelihood of success. We will provide representation with insurance companies and negotiate on your behalf.
Are Punitive Damages Recoverable in Nursing Home Abuse Lawsuits?
In some cases, we can fight for punitive damages in a nursing home abuse case. Punitive damages are generally reserved for especially egregious and negligent behaviors and may be much higher than compensatory damages as they are designed to punish the behavior while preventing it from happening again.
How Much Does a Nursing Home Abuse Lawsuit Cost?
The cost of any personal injury lawsuit will greatly depend on how many hours and resources are required to build a case on your behalf. In many cases, we can resolve the dispute out of court in negotiation, which is much less expensive and time consuming than going to trial. During your consultation, we will provide an estimate of the cost of pursuing your case. Our Las Vegas nursing home neglect law firm works on a contingency basis, which means we only get paid if we win. We will always strive for your satisfaction with our work and never take more than you receive in compensation.
Which Family Members Can Claim a Nursing Home Abuse Case?
Generally speaking, the closest living family member or the victim’s personal representative, such as the executor of their estate, can make a nursing home neglect claim. This can include a living spouse, adult children or grandchildren, siblings, or the next closest relative.
Which Nursing Homes are Located in Las Vegas & The Surrounding Areas Of Nevada?
When a loved one has been a victim of nursing home abuse or neglect, you need an experienced law firm that will work hard to protect your loved one’s rights. Find below a list of medicare approved nursing homes – Benson & Bingham Accident Injury Lawyers, LLC will come to you for a confidential visit at any of the below nursing homes locations.
Desert Lane Care Center: 660 Desert Lane Las Vegas, Nv 89106 (702) 382-5580
College Park Rehabilitation Center: 2856 E. Cheyenne Ave. North Las Vegas, Nv 89030 (702) 644-1888
Mission Pines Nursing & Rehabilitation Ctr: 2860 E. Cheyenne Avenue North Las Vegas, Nv 89030 (702) 644-7777
North Las Vegas Care Center: 3215 E. Cheyenne Ave. North Las Vegas, Nv 89030 (702) 649-7800
Las Vegas Healthcare And Rehab Center: 2832 S. Maryland Parkway Las Vegas, Nv 89109
**Vegas Valley Rehabilitation Hospital 2945 Casa Vegas Street Las Vegas, Nv 89109 (702) 735-7179
**St Joseph Transitional Rehabilitation Center 2035 W. Charleston Blvd. Las Vegas, Nv 89102 (702) 386-7980
Gaye Haven Icf: 1813 Betty Lane Las Vegas, Nv 89115 (702) 452-8399
Harmon Medical & Rehabilitation Hosp – Snf: 2170 East Harmon Ave Las Vegas, Nv 89119
Life Care Cent-paradise Valley: 2325 E. Harmon Ave. Las Vegas, Nv 89119 (702) 798-7990
Silver Ridge Healthcare Center: 1151 Torrey Pines Dr. Las Vegas, Nv 89146 (702) 938-8333
Life Care Center Of Las Vegas: 6151 Vegas Drive Las Vegas, Nv 89108
The Plaza Regency At Sun Mountain: 6021 W. Cheyenne Ave. Las Vegas, Nv 89108 (702) 658-9494
Caremeridian: 7690 Carmen Blvd Las Vegas, Nv 89128 (702) 255-7399
El Jen Convalescent Hosp Snf: 5538 W Duncan Driv Las Vegas, Nv 89130 (702) 645-2606
Delmar Gardens Of Green Valley: 100 Delmar Gardens Drive Henderson, Nv 89014 (702) 361-6111
Tlc Care Center: 1500 W Warm Springs Rd Henderson, Nv 89014 (702) 547-6700
Silver Hills Health Care Ctr: 3450 N. Buffalo Drive Las Vegas, Nv 89129 (702) 952-2273
**Manor Health Care Center 8501 Del Webb Blvd Las Vegas, Nv 89134 (702) 804-3000
The Heights Of Summerlin, Llc: 10550 Park Run Drive Las Vegas, Nv 89144 (702) 515-6200
Henderson Healthcare Center: 1180 E. Lake Mead Drive Henderson, Nv 89015 (702) 565-8555
Boulder City Hospital Snf: 901 Adams Blvd. Boulder City, Nv 89005 (702) 293-4111
Mountainview Care Center At Bc: 601 Adams Boulevard Boulder City, Nv 89005 (702) 293-5151
Nevada State Veterans Home – Boulder City**: 100 Veterans Memorial Dr Boulder City, Nv 89005 (702) 332-6864
Evergreen At Pahrump Health: 4501 North Blagg Rd Pahrump, Nv 89048 (775) 751-6600
Highland Manor-mesquite: 272 Pioneer Blvd Mesquite, Nv 89027 (702) 346-7666
Read More on Nursing Home Abuse Law Inside Our Personal Injury Blog
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Nursing Home Abuse Lawyer Today
Reach out to our Las Vegas personal injury law firm today to schedule your completely free, confidential consultation. We will listen carefully to your story, discuss any available evidence, inform you of your legal options, and begin to develop a plan for moving forward. Our consultations are completely free of any obligation. We will fight on your behalf to ensure that justice is done! Call our office or fill out our contact form now. We look forward to hearing from you.