Nursing Home Abuse in Carson City, NV
What Is Nursing Home Abuse?
Nursing home abuse refers to harmful or neglectful actions towards residents of long-term care facilities. This abuse can take several forms, including physical, emotional or psychological abuse. Regardless, it’s essential to understand that any action (or inaction) endangering a resident constitutes abuse.
Confronting and dealing with nursing home abuse can be a deeply challenging experience. We will explore the various facets, including the steps to take and resources available in Carson City. Let us guide you through this complex issue and the complexities you must navigate.
Federal Laws Protecting Against Nursing Home Abuse
Nursing Home Reform Act (1987)
The Nursing Home Reform Act of 1987 established a rigorous set of guidelines for Carson City, Nevada nursing homes. This legislation came about in response to a study by the Institute of Medicine that revealed widespread mistreatment and negligence. According to this law, Carson City facilities must:
- Ensure appropriate supervision and deploy measures to prevent falls and other accidents.
- Offer appropriate hygiene and nutrition services.
- Sustain an appropriate staffing level to ensure proper patient care and prevent instances of neglect.
- Maintain precise health records for every resident.
- Support residents in fostering an active lifestyle.
- Develop an individualized written strategic plan for each resident.
- Record and evaluate the health condition and specific requirements of residents.
Nursing Home Residents’ Bill of Rights
The Nursing Home Reform Act also enacted a Bill of Rights to defend the rights of nursing home residents. This document outlines the entitlements that you can expect in a facility in Carson City, NV. It includes provisions such as:
- Adequate healthcare and treatment from the nursing home staff.
- The freedom to express concerns or grievances without facing retaliation or harassment.
- The right to exercise autonomy and make independent decisions (if mentally competent).
- Respect for privacy and confidentiality regarding health-related matters.
Elder Justice Act
The Elder Justice Act became law in 2010 to combat elder abuse and neglect. This legislation requires nursing home staff to report elder abuse or neglect. It also includes the following provisions:
- Elder Justice Coordinating Council – Twice a year, this alliance convenes to explore innovative approaches to preventing elder abuse and neglect. The Council also formulates reports containing suggestions for Congress.
- 60-Day Closure Window – Nursing homes must inform both their home state and the Secretary of Health and Human Services. Additionally, the staff must ensure the appropriate transfer of all residents to a suitable alternative.
- Employee Background Check Database – The legislation grants nursing homes the authority to adopt a more discerning approach. The objective is to deter abuse by thoroughly vetting prospective employees.
State Laws Protecting Against Elder Abuse and Neglect
Each state has regulations concerning this issue. While some use federal laws as a guide, they retain the authority to enact additional legislation. States with a substantial proportion of nursing home residents typically have more laws than others.
Under NRS 200.5099, abusing, neglecting, or exploiting older or vulnerable persons is a felony. This crime can result in severe penalties, including imprisonment and fines. These sentences increase in severity depending on the circumstances in Carson City. The law also requires certain professionals, like healthcare providers, to report suspected cases.
Can You File a Lawsuit in Carson City, Nevada For Nursing Home Abuse?
It is both appropriate and advisable to pursue maximum compensation. Individuals who have experienced nursing home abuse or neglect can start legal proceedings in civil and criminal courts. It is feasible to negotiate a settlement and receive financial restitution. However, a lawsuit may become necessary if there is a dispute regarding fair compensation.
Regulations for nursing homes fall under the Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC). They outline several resident rights, such as the following:
- Right to be free from physical and mental abuse,
- Right to privacy
- Participating in care planning.
There are regular state inspections to ensure facilities in Carson City uphold these standards. Violations can lead to fines, license suspensions, or even closures. Furthermore, the Nevada Long-Term Care Ombudsman program works to resolve residents’ complaints.
How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?
Individuals who have suffered from nursing home abuse in Carson City can seek compensation by filing a civil lawsuit. There are various avenues through which victims can potentially receive payment:
- Restitution – Victims typically receive compensation through this order in criminal cases. This mechanism allows the responsible party to provide financial recompense for the harm inflicted upon the victim.
- Verdict – In this scenario, a trial jury examines the evidence presented in the case and determines culpability. If the jury finds the nursing home responsible, they determine the amount that goes to you or your family.
- Settlement – Engaging a lawyer helps you avoid costly errors during this process. Settlement occurs when both parties mutually agree on a specific compensation amount without involving a jury. Upon reaching an agreement, all parties sign a legally binding document.
The monetary damages granted through a lawsuit can assist in covering various expenses. These may include medical bills, mental health therapy, relocation, and pain and suffering.
Civil and Criminal Nursing Home Abuse Lawsuits
The majority of nursing home abuse cases go through civil courts. However, there are situations where victims file both civil and criminal complaints. For instance, if a nursing home staff member physically pushes a victim, they can face criminal liability. Subsequently, they may also be subject to a civil lawsuit for the same incident.
Civil cases from Carson City would typically be under the jurisdiction of the First Judicial District Court. Depending on the circumstances, your litigation could make its way to the Nevada Supreme Court.
What Types of Nursing Home Abuse Lawsuits Exist?
Most nursing home abuse lawsuits in Carson City, NV fall under two categories. There are torts and breach of contract cases. Tort lawsuits are more common to get compensation for direct harm. On the other hand, breach of contract lawsuits have more limited financial awards.
Tort Nursing Home Abuse Lawsuits
Tort lawsuits arise when the victim seeks financial compensation for pain and suffering. Various types of these lawsuits align with different categories of offenses:
- Wrongful death – In the unfortunate event of a patient’s death, the surviving family members have the right to file a lawsuit.
- Neglect – When a nursing home neglects its responsibility to provide proper care for a patient, neglect occurs. Neglect pertains to situations where nursing home staff exhibit laziness, carelessness, or indifference toward patient care.
- Medical malpractice – The healthcare professionals in the nursing home deviated from the standard protocols of their profession.
- Abuse – Victims suffer deliberate harm that leads to significant physical injury.
Work with an Experienced Local Lawyer in Carson City, Nevada.
If you intend to initiate a lawsuit, find the support of an experienced attorney in Carson City. Nursing home abuse lawyers can assist you in gathering the essential information, identifying witnesses, and proceeding to trial if necessary.
Do you want to schedule a consultation with an experienced Carson City nursing home abuse attorney? We can even help you connect with an attorney across Nevada state lines.
Submit a request online or call us today at (866) 345-6784!
