legal resources necessary to hold negligent facilities accountable.
Carson City Nursing Home Abuse & Neglect Attorneys
Many things change as individuals grow older that affect their daily living that could include managing their memory loss problems, dealing with complicated medications or living with serious medical conditions. In many situations, family members have no other option than to place a loved one in a nursing facility to ensure they receive the best quality care and that their health and hygiene needs are met around-the-clock. Unfortunately, the Carson City nursing home abuse & neglect attorneys at Nursing Home Law Center LLC have witnessed a significant rise in the number of nursing home abuse, neglect and mistreatment cases throughout Nevada.
Medicare routinely gathers information on every nursing facility in Carson City based on data collected through inspections, surveys and investigations. Currently, the national database shows that inspectors found serious violations and deficiencies at three (19%) of the sixteen Carson City nursing facilities that led to avoidable injuries and preventable death. If your loved one was harmed, injured, mistreated, abused or died unexpectedly from neglect while living at a nursing home in Nevada, your family has rights to ensure justice. We invite you to contact the Carson City nursing home abuse & neglect attorneys at Nursing Home Law Center (800-926-7565) today. Schedule a free case evaluation and let us discuss your legal options for obtaining monetary recovery through a lawsuit or compensation claim.
Even though nursing home residents are guaranteed specific rights under both state and federal laws, many nursing facilities lack adequate staffing or do not provide proper training to the detriment of the resident. Due to the huge increase in the number of nursing homes throughout the United States, government inspectors are not able to be everywhere all the time to keep an eye on the quality of care being provided every elder resident. As a result, many residents suffer serious injury or death at the hands of their caregiver or from other residents, visitors or family members inside the facility.
More than 500,000 people live in the Carson City, Sparks, Reno and Lake Tahoe area on both sides of the California/Nevada border. Out of the one half million residents, approximately 70,000 are 65 years and older. The number of senior citizens is likely to increase in the years ahead as more baby boomers reach their retirement years. This substantial increase in the aging population is placed a heavy demand on nursing home beds in both Carson City County and Washoe County Nevada.
Carson City Nursing Home Resident Health Concerns
Questions often arise from neglect and abuse of an elderly individual residing in a nursing facility. Many of these questions include how their loved one fell and broke her hip, developed a bedsore or was not provided adequate assistance to meet their daily needs. As an advocate for every Nevada nursing home resident, our elder abuse attorneys continuously review, evaluate and assess publicly available information from a variety of national databases including Medicare.gov.
The information we post outlines various opened investigations, filed complaints, health concerns and safety issues and nursing facilities all throughout Western Nevada/Eastern California. Many families use this information as a valuable tool to make the best-informed decision before determining where to place a loved one who requires the highest level of nursing care.
Comparing Carson City Area Nursing Facilities
The list below outlines nursing facilities in the Carson City/Reno/Lake Tahoe area currently maintaining below standard ratings compared other facilities throughout the United States. In addition, our network of attorneys has posted our primary concerns about each facility by detailing a specific case of major concern that has either caused harm or could cause harm to the residents in the nursing home.
Overall Rating of 16 Nursing Homes
Rating: 5 out of 5 (4) Much above average
Rating: 4 out of 5 (7) Above average
Rating: 3 out of 5 (2) Average
Rating: 2 out of 5 (3) Below average
Rating: 1 out of 5 (0) Much below average
ORMSBY POST-ACUTE Rehabilitation Center
3050 N Ormsby
Carson City, Nevada 89703
A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Ensure That All Services and Care Provided by the Nursing Staff Meet Professional Standards of Quality
In a summary statement of deficiencies dated 01/08/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “follow the standard practice for the administration of cardiac medication.” This deficient practice affected two residents at the facility.
The deficient practice was noted by state investigator after a facility’s medication pass observation occurring at 4:09 PM on 01/06/2014 with the facility’s Licensed Practical Nurse (LPN). At the time, the Licensed Practical Nurse gave medications to a resident at 4:00 PM as scheduled who “received medications via Percutaneous Endoscopic Gastronomy Tube (PEG tube)” that contained the resident’s oral solution medication. The surveyor noted that the “LPN did not check the apical pulse prior to the administration of [the resident’s medication] as the physician ordered.”
A few minutes later at 4:16 PM, “the LPN explained the apical pulse was not obtained prior to the administration of [the resident’s medications] because her personal stethoscope was broken […and] acknowledge the atypical pulse should be obtained before administering the medication.”
Investigator conducted a 10:25 AM 01/08/2015 interview with the facility’s Director of Nursing who “confirmed that the apical pulse should be taken prior to the administration of [the resident’s medication] and stated it was the standard of practice.”
Our Carson City nursing home neglect attorneys recognize the failing to follow procedures and protocols when administering medications and services could place the health and well-being of the resident in jeopardy, especially those receiving medication and food supplementation through a PEG tube. The deficient practice of the nursing staff also failed to follow the facility’s reference book titled Nursing 2015 Drug Handbook 35th Anniversary 35 Edition that reads in part from pages 446 to 450:
“Before giving the drug, take apical-radial pulse for one minute. Record, notify prescriber of significant changes.”
MOUNTAIN VIEW health and rehabilitation Center
201 Koontz Lane
Carson City, Nevada 89701
A “For-Profit” 146-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Ensure Residents Are Provided an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent an Avoidable Accident from Occurring
In a summary statement of deficiencies dated 09/15/2015, a complaint investigation was opened against the facility for its failure to “protect the resident from harm.”
The complaint investigation involved an incident involving a resident at the facility. The incident was revealed to the state investigator at 10:50 AM on 09/14/2015 in an interview with the resident who “account of the events of 01/29/2015, while being transported to an appointment in the facility van. According to the resident, the straps holding the wheelchair were not properly secured in place, resulting in loosening and causing of the resident to fall forward while seated in the wheelchair.”
As a part of the in the interview, the resident also “indicated he landed on the floor the van on the right side [… indicating] his right clavicle was fractured.” In addition, the resident also “stated before the incident the driver pulled out fast then the van came to an abrupt stop causing the resident’s wheelchair to fall forward.” The resident “insisted he and the wheelchair fell forward when the straps loosened or gave way.”
After the incident occurred on 07/29/2015, “the resident complained of pain in the right shoulder/clavicle area was sent to the hospital emergency department for treatment.” At the end of the treatment, the resident “was sent back to the facility with an arm sling for immobilization.” During the interview, the surveyor observed the resident “rubbing the right shoulder/clavicle area and verbalized continuing pain in the area.
As a part of the investigation, a review was conducted of the resident’s clinical record detailing “the x-ray taken on 09/25/2015.” The x-ray “revealed a healing right distal clavicle fracture showing near anatomical alignment. The document signed by the radiologist concluded – a healing fracture.”
In addition, the physician progress notes concerning the incident revealed that the resident had a “fractured clavicle with increased pain” and that the patient had been well controlled with his pain since starting methadone. At the time of the incident occurred resident was already prescribed 20 milligrams oxycodone available every four hours as needed.” The resident’s physician did not want to increase the dosage so instead, an increase of methadone was given to “help control pain from the fracture.”
A review of the resident’s MAR (Medication Administration Record) revealed that the “resident increase of medication three times a day beginning 01/30/2015 at 2:00 PM through 07/27/2015 […and] in addition to the increased methadone, the resident continued to request additional medication for pain. As such, in the days following the injury the resident requested oxycodone 10 milligrams available p.r.n. (as needed) one every four hours for increased pain related to clavicle fracture.”
The state investigator reviewed the 01/29/2015 Interdisciplinary Progress Note that indicated that the resident “was sent to the hospital emergency department and returned with the right clavicle fracture. Moreover, the note indicated the staff involved was re-educated to ensure belts are always double checked and secured properly. The note further indicated the resident thought the bus had flipped over.”
During an interview conducted on 09/14/2014 at 8:30 AM it was revealed by the Maintenance Director that “there was nothing wrong with the straps or the floor attachments […and he] thought it was operator error that causes a resident to tip over meaning the straps were not secured either because the driver lacked knowledge or simply did not secured the straps tight enough.” In a request to interview the driver, it was revealed that the employee had been terminated from their position. “According to the form titled Disciplinary Action Form dated 04/02/2015, the employee was terminated on 03/26/2015 for a pattern of negligence, carelessness and substandard care to residents” [nearly 3 months after the incident that caused injury to the resident occurred].
Our Carson City nursing home neglect lawyers recognize the failing to ensure that residents are provided an environment free of accident hazards and that adequate training is conducted to prevent an unavoidable accident from occurring could place the health and well-being of a resident in jeopardy. The deficient practice by the employees, management, and Administrator at Mountain View Health and Rehabilitation Center might be considered negligence because the employee was not terminated from their position until nearly 3 months after the incident causing injury to the resident occurred.
GARDNERVILLE HEALTH and rehabilitation CENTER
1573 Muller Pkwy
Gardnerville, Nevada 89410
A “For-Profit” 60-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Develop, Implement and Enforce Policies That Prevent Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 10/05/2015, a complaint investigation against the facility was opened for its failure to “ensure allegation of abuse were reported to the state agency.”
The complaint investigation involved an incident with a resident who reported at approximately 1:30 PM on 10/05/2015 that “he had a misunderstanding with a Certified Nursing Assistant (CNA) but they had worked it out. The resident reported he did not want to talk about it, but then added the CNA had hit him.”
15 minutes later, the CNA reported that the resident “was frequently combative, and reached out as if to strike her […and] demonstrated how she put her hands together and held them down, lightly blocking the resident’s arm, stating to the resident, ‘please do not hit me’.” The Certified Nursing Assistant reported that “she had not hit [the resident and had] reported that the resident claimed she had hit him.” The Certified Nursing Assistant reported “the incident to her Charge Nurse.”
The Director of Nursing indicated on 10/05/2015 that “she had investigated the incident involving [the resident] but had not reported to the state agency.” The Director “confirm there was no investigation done for any allegation of rough handling”
The resident reported “she felt a Certified Nursing Assistant (CNA) had handled her roughly […and] she told the nurse about the incident.”
Our Gardnerville nursing home abuse attorneys recognize failing to follow protocols to report any incident or allegation of abuse has the potential of causing one or more residents harm, injury or death. The deficient practice by the nursing staff at Gardnerville Health and Rehabilitation Center might be considered additional abuse, mistreatment or negligence.
MANOR CARE HEALTH SERVICES
Reno, Nevada 89509
A “For-Profit” 189-certified bed Medicaid/Medicare-participating facility
Overall Rating – 3 out of 5 possible stars
Primary Concerns –
Failure to Provide Assistance to Residents Who Require Assistance with Drinking, Eating, Grooming, Oral and Personal Hygiene
In a summary statement of deficiencies dated 08/06/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “provide showers, bed baths, or tub bath.” This deficient practice affected one resident at the facility.
The deficient practice was noted after a group interview was conducted at 10:30 AM on 08/04/2015 involving “three residents who reported they had not received baths (showers, bed bath and tub bath) as scheduled. The residents reported they believe the baths could not be completed due to staff shortage.” As a part of the interview, one resident “reported receiving four showers during the month of June 2015 […and that] staff shortage prevented residents from receiving baths and showers two times a week.” The resident also “reported feeling better after having a shower and likes to be clean.”
The state investigator reviewed the resident’s Shower Records that revealed “six showers were given from 06/01/2015 through 07/01/2015 […and that] the resident did not receive a bed bath or tub bath during this time.” The investigator also reviewed the Unit’s past schedule that revealed that “the resident was to receive a shower on Thursday and Monday.”
A review of another resident’s records reveals that that resident received “seven bed baths from 06/01/2015 through 07/31/2015. 18 refusal of bed baths were documented during this time period.” However, [the resident reported she rarely refused a bed bath and the staff was too busy to wash her twice a week.” The records reveal that that resident was “scheduled for a bed bath on Saturday and Wednesday every week.” That resident reported regular baths were not received […and] could not recall the last time any form of a bath was received.”
A review by the state investigator of a third resident’s records revealed that the resident “received for showers from 06/01/2015 through 07/31/2015 [where] no bed baths or tub baths were recorded.” The records indicated that resident “was to receive a bed bath on Tuesday and Friday.”
During the morning of the interviews with residents on 08/04/2015, “the Unit Manager confirm the bath schedules were not consistently followed […and] declined to state the reason the Certified Nursing Assistants (CNAs) were not able to follow the bath schedule.”
The state investigator conducted a 1:00 PM 08/05/2015 interview with the facility’s Director of Nursing who “reported the residents were to have one bath a week and the second bath could be refused […and that they had] no knowledge of the residents’ concerns regarding bathing.” Later that afternoon, the state investigator noted that “three additional CNAs reported they could not consistently follow the shower scheduled due to staffing shortages.”
The state investigator also noted that the facility’s December 2009 policy titled Bathing “did not specify required time frames or frequencies of bathing schedules. However, our Reno nursing home neglect attorneys recognize that failing to provide adequate assistance for residents who require help with bathing and personal hygiene could jeopardize the resident’s health and well-being. The deficient practice of short staffing the facility might be considered negligence or mistreatment of the residents of Manor Care Health Services-Reno.
HIGHLAND MANOR OF FALLON
550 North Sherman Street
Fallon, Nevada 89406
A “Not for Profit” 102-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Ensure That Every Resident Receives the Proper Care and Treatment to Prevent the Development of a New Bedsore or Allow Existing Bedsores to Heal Properly
In a summary statement of deficiencies dated 06/18/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “provide care to prevent and heal pressure ulcers.”
The deficient practice was noted by state investigator after an 8:45 AM 06/15/2015 observation of a resident in bed “lying in a fetal position on the right side, with knees drawn up. Noted bandage to the left hip area.
The state investigator reviewed the resident’ records that revealed a Physician’s Progress Note documenting “a mass on the left hip on 06/01/2015.” In addition, a Nursing Progress Note “showed a blister on the left hip on 06/11/2015, with new treatments orders noted for 06/12/2015. However, the resident’s “Care Plan is not initiated until 06/12/2015 […and] there was no documentation regarding the size, depth or severity of the wound available the resident’s record.”
The surveyor reviewed the resident’s TAR (Treatment Administration Record) that revealed “daily treatments orders and dated 06/12/2015, signed off five of seven days. A new order for treatment dated 06/15/2015, signed off two of four days for the same site with both orders signed off as being completed.”
The investigator interviewed the resident’s 3:00 PM 06/15/2015 Minimum Data Set Nurse Coordinator (MDSC) who indicated that the resident “had a decline in condition and a significant change MDS (Minimum Data Set) would be done on 06/25/2015.” The MDSC also indicated that “the notes were scanned into the computer system prior to nursing review for orders and information, therefore the mass and the order for laboratory work was not noted until nursing visualized blister is 10 days later.”
However, our Fallon Nevada nursing home neglect attorneys recognize that the failing to follow protocols to ensure that every resident receives the necessary care and treatment to minimize the potential of developing bedsores could place their health and well-being in jeopardy. The deficient practice by the nursing staff at Highland Manor of Fallon might be considered negligence or mistreatment. The actions of the facility failed to follow their own policy titled: Change in Resident’s Condition that reads in part:
“The nurse would notify the resident’s attending physician when: there was a need to alter the resident’s treatment significantly.”
Eastern PLUMAs Hospital – PORTOLA CAMPUS
500 First Street
Portola, California 96122
A “Government Owned and Operated” 66-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Necessary Treatment and Care to Residents Requiring Feeding Tubes in an Effort to Prevent Serious Life-Threatening Problems and Assist in Restoring Eating Skills, If Possible
In a summary statement of deficiencies dated 08/14/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure that [two residents at the facility] received appropriate care and treatment when the Licensed Nurses (LN) did not verify that the resident’s’ gastronomy tube (a feeding tube inserted through the abdominal wall into the stomach) were properly positioned in the residents’ stomachs.”
The deficient practice was noted that the licensed nurse “did not verify placement to administering water into the G-tube” for two residents at the facility. These failures by the nursing staff at Eastern Plumas Hospital – Portola Campus have the potential of causing serious harm to two residents “which could have resulted in pneumonia (lung infection) or peritonitis (abdominal infection).
The state investigator noted that one resident “receive water, nutrition and medications through a gastronomy tube […and that] during an observation on 08/13/2015 at 5:25 PM [the License Nurse] initiated a 200 cc (cubic centimeters – a measurement of liquid volume) of water via a bag to infuse into [the resident’s device but did not] verify the device was in the proper position with the resident stomach prior to initiating the water.”
The investigator interviewed the License Nurse at 8:15 AM on 03/14/2015 who “verify that she had initiated and infused 200 ccs of water into [the resident’s device at that time] without checking the device’s placement [stating] she thought the device placement only needed to be checked once a shift and she had checked placement earlier that day.” 03/14/2015 interview with the facility’s Director of Nursing who stated: “she expected all device residents to have their device placement verified by the License Nurse who utilizes the tube.” The Director of Nurses also stated, “that device placement should be verified each time before administering any water, medications or liquid nutrition.”
Our Portola nursing home neglect attorneys recognize that failing to follow procedures and protocols when administering care to residents requiring feeding tubes could cause serious life-threatening issues. The deficient practice by the nursing staff Eastern Plumas Hospital – Portola Campus might be considered negligence or mistreatment, especially if one or more residents suffer serious harm or injury.
LEFA SERAN SKILLED NURSING FACILITY
1st and A St
Hawthorne, Nevada 89415
A “Government Owned and Operated” 24-certified bed Medicaid/Medicare-participating facility
Overall Rating – 2 out of 5 possible stars
Primary Concerns –
Failure to Provide Residents an Environment Free from Physical Restraints Unless Required for Medical Treatment
In a summary statement of deficiencies dated 11/19/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure physical restraints were not used on [2 residents at the facility].”
The deficient practice was noted by the state investigator after “observations were conducted at varying times on 11/16/2015 through 11/18/2015, five residents seated in wheelchairs with seat belt restraints in place.” The state investigator noted that “upon request, residents were observed in a multi-purpose room for all activities took place including dining, planned activities and resting in a lounge area.”
The investigator noted that four out of five residents could not remove the seatbelt and one of five had difficulty releasing the seatbelt. Further, four out of five residents appeared not to understand the request.”
The state investigator conducted an afternoon interview on 11/17/2015 with the facility’s Director of Nurses who “indicated residents were not restrained because the restraint was of the type residents could remove.”
An interview was conducted with a facility NAT (Nurse Assistant in Training) who “indicated two of five residents could release the seatbelt on request sometimes and sometimes not and two residents could not release the seatbelt upon request.”
The investigator reviewed the five resident’s clinical records that revealed no evidence involving “a physician’s order, assessment, Care Plan, use of alternative measures or documentation regarding restraints.” In addition, there was no documented evidence of restraint use or assessment in all five resident’s MDS (Minimum Data Set).
The state surveyor reviewed the facility’s 04/05/2003 (revised 02/06/2005) policy titled: Restraints that reads in part:
“Restraints shall be used only where alternative measures are not sufficient to protect residents or others from injury and are not a substitute for less restrictive forms of protective restraint. Further, the policy required each resident considered for restraint use be assessed prior to instituting restraint and every 90 days thereafter.”
The state investigator noted that the above policy “included the definition of restraint as, any manual method or physical or mechanical device, material, or equipment attached or adjacent to the resident’s body that an individual cannot remove easily, which restricts freedom of movement.”
Our Hawthorne nursing home neglect attorneys recognize that failing to take appropriate measures when using physical restraints without authorization might be considered a form of abuse. The deficient practice by the nursing staff at Lefa Seran Skilled Nursing Facility failed to follow established procedures and protocols enforced by federal and state nursing home regulators.
KIT CARSON NURSING and REHABILITATION CENTER
811 Court Street
Jackson, California 95642
A “For-Profit” 199-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
Failure to Provide Adequate Palliative and End of Life Care Consistent with the Wishes and Needs of the Resident
In a summary statement of deficiencies dated 10/28/2015, a complaint investigation was opened against the facility for its failure to “provide appropriate palliative care, comfort care and end-of-life services consistent with the needs and wishes of [a resident at the facility].” This deficient practice by the nursing staff at Kit Carson Nursing and Rehabilitation Center “have the potential for [a resident] to experience unnecessary pain, apprehension, and restlessness.”
The complaint investigation revealed that the resident had been remitted to the facility after release from acute hospitalization “for weakness in transit alteration in awareness.” In addition, the resident’s MDS (Minimum Data Set) indicated that the resident “had moderately impaired cognition […and] required staff assistance with activities of daily living [ADL].”
The resident’s legally-recognized decision-maker and physician signed the resident’s POLST (Physician Order for Life-Sustaining) form that reveals “the implication of choices made” regarding the resident’s health decisions. “The instructions on the pulsed indicated the following treatment requests [that the resident] was designated as DNR (do not resuscitate), allowed to speak with the RP [responsible party]. No medications were ordered for [the resident] at the time.”
The resident’s Progress Note revealed that “18 hours after the previous attempt to obtain pain control for [the resident] indicated the physician assistant spoke with [the resident’s responsible party]. The note indicated that [the resident’s POLST] was not changed. However, the [narcotic pain patch medication for the resident “was to be applied every 72 hours for pain [along with other medications ordered] every six hours as needed for anxiety and restlessness.”
The Progress Note also indicated that the resident “was moaning with discomfort and had been given their [medication] before the Physician Assistant’s visit, which was somewhat effective. He later noted in the resident’s Progress Note documented that the resident “was found not breathing and without a pulse. The physician assistant was notified and [the resident] was pronounced deceased.”
A review of the resin’s MAR (Medication Administration Record) revealed that the resident “was last medicated for pain at 11:00 AM, approximately 24 hours prior to her death.”
The state investigator conducted a review with the Director of Nurses who stated that the resident’s “physician indicated that [the responsible party] was not accepting of the resident’s condition [… stated that the resident’s] physician said he order the medications it would’ve hastened the resident’s death and that is why you wanted the POLST change to Comfort Care.”
The Director of Nursing also acknowledged that “the resident did not speak directly to the [responsible party] on the evening [before the death of the resident], but relayed the information through the Licensed Vocational Nurse.” The Director of Nursing also acknowledged “that neither the physician nor [the responsible party] were notified that the pain medication was not readily available.”
An Interview Was Conducted by the State Investigator with the Facility’s MRS (Medical Records Staff) who “was asked to provide evidence [the resident] had been regularly monitored for pain during the [previous month].” The medical records staff member stated that the resident “had no documentation of every shift pain monitoring [between the time frame requested by the state surveyor].”
The state investigator noted that the facility’s Advanced Directives Policy involving pain management reads in part:
“Each resident will be informed that are facilities policies do not condition the provision of care or discriminate against an individual based on whether or not the individual has executed an advance directive.”
“To provide guidelines for consistent evaluation, management and documentation of pain, in order to provide the maximum level of comfort and enhances the quality of life for residents having pain or risk of having pain.”
“The licensed professional reevaluate the resident’s pain and relate consequences at regular intervals; at least each shift for acute pain and significant changes in levels of chronic pain natural death… Generally, avoid intensive care. Request transfer the hospital only if comfort needs cannot be met in the current location.”
The Realities of Nursing Home Neglect and Abuse
Making the decision to place a loved one in a nursing facility is always challenging. When a loved one is no longer capable of providing care for themselves, one or more family members need to seek a solution to ensure their loved one receives medical care and attention. At best, the nursing staff at many of these facilities provide the resident’s a level of dignity and care by treating them with respect, compassion and the kindness they deserve.
Unfortunately, many professionals working in the nursing home industry are abusive or neglectful of residents. For the family, it is often extremely painful to hear that their spouse, parent or grandparent has suffered from abuse or neglect that could have been prevented. Once the trust given to the caregiver is violated, all that is left is harm, injury or death.
The Legal Obligations of the Nursing Home Business
Nursing homes are businesses that have a legal obligation to provide a variety of services in exchange for compensation. In addition, they are legally responsible for any injury caused by them or others while the resident was under their care. By law, the facility must provide activities and services to obtain or maintain the resident’s highest practical mental, physical or psychosocial well-being.
In addition, the nursing facility is required to develop a written plan of care that outlines the nursing, medical and psychosocial requirements of the resident. The Plan of Care must also detail exactly how all of the requirements will be met. To do that requires conducting comprehensive, standardized, accurate reproducible assessments of the functional capacity of every resident under their care. Any failure to do so could place the health and well-being of your loved one in immediate jeopardy.
In addition, the nursing staff is required to maintain clinical records that outline the resident’s needs, cares, medications, medical condition, symptoms, medication reactions and other vital information. By law, the nursing staff can only administer pharmacological medications by physician’s orders and only when it is incorporated into a resident Plan of Care designed to eliminate or modify specific symptoms.
Any deviation from the Plan of Care could place the health and well-being of the resident in jeopardy. Many cases involving elder abuse concern residents who have been hit, physically abuse, overmedicated, under-medicated or provided substandard care. As a result, families will hire an attorney to serve as a legal advocate to ensure that the abuse and neglect stops immediately.
Hiring an Attorney
If you are concerned that your loved one has been victimized while residing in a nursing facility due to neglect, abuse or mistreatment, it is crucial to intervene on their behalf by obtaining legal representation as quickly as possible. The Elko nursing home abuse attorneys at Nursing Home Law Center LLC have extensive experience in handling investigations involving injuries, harm and wrongful death occurring in nursing facilities. Our team of dedicated reputable lawyers seeks justice for our clients to obtain the financial compensation they deserve.
Our lawyers handle a wide range of injuries and accidents occurring in elder care settings.
Schedule your free, no obligation full case review today by calling our Nevada elder abuse law offices at (800) 926-7565. The information you share with our network of attorneys is always confidential. We accept all nursing home neglect abuse mistreatment and abuse cases through contingency fee arrangements, meaning you receive immediate legal service without any upfront payment. Contact us today! Take steps now to secure your loved one’s health and safety.
For additional information on Nevada laws and information on nursing homes look here.
Nursing Home Abuse & Neglect Resources
If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.