Recognizing and Addressing Nursing Home Negligence in Las Vegas
Choosing a nursing home for a loved one is never easy. Las Vegas families trust these facilities to provide their loved ones with safe, attentive care when they can no longer live independently. The last thing anyone expects is for that trust to be broken.
But sadly, nursing home negligence happens more often than many realize. Staff shortages, inadequate training, poor oversight, and other forms of negligence can seriously harm residents. Family members of nursing home residents should be aware of this and know how to spot signs of negligence and abuse.
If you’re worried that your loved one has been harmed due to nursing home negligence, you have legal rights. At the Cottle Firm, our Las Vegas nursing home abuse and neglect lawyers help families seek justice for injuries and deaths caused by nursing home negligence. Call us today at 702-722-6111 to learn more about your family’s legal options in a free consultation.
What is Nursing Home Negligence?
Negligence occurs when a nursing home fails to meet the standard of care expected under the law. This can mean failing to do something they should have done (an omission) or doing something careless or harmful (a commission). In either case, the resident suffers because the facility didn’t do its job.
It’s important to distinguish between negligence and abuse. Abuse is typically intentional, such as hitting, yelling, or isolating a resident on purpose. Negligence may not be malicious, but it still causes serious harm. For example, a bedridden nursing home resident might suffer preventable bedsores because a staff member forgot to turn them regularly.
Common Forms of Nursing Home Negligence
Nursing home negligence can take many forms. Here are some of the most common forms of negligence our Las Vegas nursing home lawyers have seen in our nursing home neglect and abuse cases.
Medical Errors
Nursing home residents often have complex medical needs that require careful monitoring. Residents can be put at risk if staff members make medical mistakes or fail to provide proper treatment. Common examples include failing to administer medications correctly, delaying treatment, and ignoring signs of a worsening condition.
For instance, giving the wrong dosage of a drug or missing a dose entirely can cause potentially life-threatening complications. The same can be said for ignoring early symptoms of bedsores, infections, or respiratory problems.
Failure to Prevent Falls and Injuries
Falls are among the leading causes of accident injury for all demographics, but the elderly are at an especially high risk of suffering severe injuries in falls. Even a minor slip and fall can lead to a broken hip or head injury. Sadly, falls in nursing homes are often the result of negligence, such as failing to provide mobility aids or wet floors without warning signs.
Poor Hygiene and Unsanitary Conditions
Nursing homes are legally obligated to keep their facilities sanitary and ensure that the hygiene needs of all residents are met. Staff members are expected to assist with bathing, brushing teeth, changing clothes, and keeping living spaces clean. When workers skip these tasks, it may result in infections, skin conditions, illnesses, and an overall drop in quality of life for affected residents.
Malnutrition and Dehydration
Some nursing home residents need help eating or reminders to drink water. Others have dietary restrictions that staff must follow. Neglecting these needs can cause serious harm. Malnutrition can weaken the immune system, impede healing, and increase the risk of falls. Dehydration can be dangerous or even fatal for elderly residents.
Neglect of Emotional and Social Needs
Not all harm is physical. Residents who are ignored, isolated, or treated with cold indifference often suffer emotionally. They may stop eating, sleep poorly, or become socially withdrawn. Over time, emotional neglect can cause depression, anxiety, and cognitive decline. For residents already dealing with memory loss or dementia, being left alone too long can be frightening and disorienting.
Inadequate Supervision
Some residents, especially those with Alzheimer’s or other forms of dementia, are at risk of wandering. They may leave their rooms or even the building without knowing where they are. Nursing homes are responsible for closely monitoring residents and having security measures in place to prevent this.
Delayed Emergency Responses
Many nursing homes use call buttons or intercom systems so residents can ask for assistance. A resident who’s fallen, in pain, or having trouble breathing needs immediate help. Delayed response times can put residents’ lives at risk and are often a sign that a facility is understaffed or poorly managed.
Common Signs of Nursing Home Negligence
It’s not always easy to know when something’s wrong in a nursing home. Residents may have trouble speaking up for themselves, or they may be afraid of retaliation if they complain. That’s why it’s so important for family members and friends to stay alert and watch for red flags. Here are some common warning signs that may indicate a loved one isn’t getting the care they deserve.
Unexplained Injuries
Bruises, cuts, fractures, and other injuries that don’t come with a clear explanation can be a sign of neglect. While occasional accidents do happen, repeated incidents may indicate that staff aren’t providing adequate supervision or assistance. In some cases, a facility may try to downplay or hide the truth about how an injury occurred.
Bedsores
Bedsores are one of the clearest signs of neglect. They develop when a bedridden person isn’t moved or repositioned regularly. These painful sores can easily become infected and lead to serious complications. Bedsores are easily preventable with basic care and attention. Their presence often suggests serious issues with staffing or oversight.
Poor Hygiene
If your loved one is frequently unwashed, sitting in soiled clothing, or surrounded by dirty linens and clutter, that’s a strong indication that basic hygiene and housekeeping needs are being ignored. This can lead to infections, skin problems, and a decline in overall health.
Changes in Mood, Behavior, or Personality
If a previously upbeat or talkative resident becomes withdrawn, anxious, or depressed, it could be a sign of emotional neglect or abuse. Sudden changes in mood or personality should never be ignored. Residents who are being ignored, isolated, or mistreated may act out or shut down entirely.
Fearfulness Around Staff
A resident who seems nervous or frightened around a certain caregiver, or who becomes silent when staff enter the room, may be trying to communicate that something is wrong. Watch for signs of flinching, avoiding eye contact, or clinging to visitors when it’s time for them to leave.
Causes of Nursing Home Negligence
Nursing home negligence usually stems from deeper, systemic problems inside a facility. While some cases involve careless or unqualified staff members, many are the result of poor management, underfunding, or stretched resources. Understanding what leads to neglect can help families spot facilities that may be putting their loved ones at risk.
Understaffing and Overworked Staff
One of the most common causes of negligence is simply not having enough people on duty. When staff are responsible for too many residents at once, even the most caring nurses and aids can’t keep up. Tasks like feeding, bathing, administering medication, and repositioning bedridden residents all take time. When workers are rushing from room to room or pulling double shifts, mistakes and oversights become much more likely.
Inadequate Training and Supervision
Nursing homes have a legal duty to properly train all staff members. But unfortunately, not everyone working in nursing homes is properly trained for the job. Even with proper training, a lack of supervision or leadership can lead to sloppy practices or dangerous shortcuts that put residents at risk. Nursing homes can be held liable if poor training or supervision results in harm to residents.
Poor Management and Profit-Driven Practices
Some Las Vegas nursing homes are owned by large corporations or investors that focus more on profit than people. When financial decisions influence operations, resident care may suffer. Facilities that cut corners to save money may not hire enough staff, pay competitive wages, or invest in the resources needed to maintain a safe and dignified environment for residents.
High Turnover and Low Employee Morale
Nursing home jobs are often physically and emotionally demanding. When staff members feel unsupported or burned out, turnover rates rise. Constantly hiring and training new employees means there’s less consistency and fewer experienced caregivers on the floor. This revolving door environment can lead to mistakes and residents falling through the cracks.
Systemic Challenges in Long-Term Care
On a broader level, the long-term care system in the U.S. is strained. Due to an aging population and a shortage of caregivers, many nursing homes are struggling to meet rising demand. Regulatory agencies are often underfunded, which makes it harder to catch violations before serious harm occurs.
Legal Rights of Nursing Home Residents in Nevada
Nursing home residents in Las Vegas are protected by several state and federal laws. These laws are designed to ensure that seniors and vulnerable adults are treated with dignity, receive proper care, and live in a safe environment.
The Federal Nursing Home Reform Act
Passed in 1987, the Nursing Home Reform Act sets the baseline for how nursing homes must operate if they receive Medicare or Medicaid funding. It gives residents the right to:
- Be free from abuse or neglect
- Participate in their own care decisions
- Voice grievances without fear of retaliation
- Have access to necessary medical, social, and psychological services
- Maintain dignity and privacy
Facilities are legally obligated to meet these standards and may face liability in addition to legal penalties, fines, and loss of funding if they fail to do so.
Nevada State Regulations for Long-Term Care Facilities
In addition to federal laws, Nevada has its own rules governing nursing home operations. The Nevada Bureau of Health Care Quality and Compliance (HCQC) licenses and inspects facilities throughout the state. Under Nevada law, residents have the right to:
- Receive proper medical treatment and personal care
- Live in a clean and safe environment
- Be treated with respect and dignity
- Access and review their own financial records
- File complaints with the state without interference
Nevada also requires specific staffing ratios and care protocols. Any violation of these state regulations may be considered negligence.
The Long-Term Ombudsman Program
Nevada’s Long-Term Care Ombudsman Program is a valuable resource for residents and their families. Ombudsmen are trained advocates who investigate complaints, visit facilities, and help resolve disputes. They are independent and impartial, with the authority to address concerns confidentially and push for corrective action when problems are found.
Taking Legal Action Against a Negligent Nursing Home
When nursing home negligence results in harm, families have the right to seek justice. Legal action can be used to hold facilities accountable, help prevent future abuse and neglect, and provide compensation for the physical, emotional, and financial toll on victims and their loved ones.
When is a Lawsuit Appropriate?
Not every lapse in care justifies legal action. To file a successful negligence claim, there must be evidence that the facility breached its duty of care and that the breach directly caused harm. Cases involving serious issues like untreated infections, repeated falls, bedsores, malnutrition, or emotional abuse often meet this threshold. A lawyer can help determine whether your case has merit based on the evidence and applicable law.
Types of Legal Claims in Nursing Home Cases
Families may be able to pursue several types of claims based on the circumstances, including:
- Negligence – for failures in care, supervision, or safety.
- Medical malpractice – if a licensed healthcare provider made a serious error.
- Wrongful death – if negligence led to a resident’s death.
Each type of claim has specific legal requirements, so it’s important to work with an attorney who understands elder law.
How a Nursing Home Negligence Attorney Can Help
An experienced Las Vegas nursing home lawyer can assess your case, explain your rights, and guide you through each stage of the legal process. This typically includes:
- Investigating the incident and gathering evidence
- Sending a demand letter or notice of intent to sue
- Filing a formal complaint in court
- Engaging in discovery
- Attempting to negotiate a settlement
- Going to trial if necessary.
Most personal injury claims in Nevada are resolved through settlements, but a trial may be needed if the facility refuses to offer a fair amount based on the damages suffered.
Learn More From a Las Vegas Nursing Home Lawyer
Nursing home negligence is a heartbreaking breach of trust, and families should not have to face it alone. If you suspect neglect or abuse in a Las Vegas nursing home, don’t wait to take action. Contact our experienced Las Vegas nursing home negligence attorneys to explore your legal options, including a potential personal injury claim to pursue financial compensation. You can learn more about your legal rights in a free consultation: call us today at 702-722-6111.