Las Vegas Nursing Home Staff Shortage Lawsuits
Attorneys Taking on Negligent Nursing Homes
Every nursing home in Las Vegas and across Nevada has a responsibility to keep enough staff members on the clock at any given time, so elderly residents are never without care and supervision. If a nursing home broke this responsibility and your elderly loved one suffered an injury or passed away due to it, come to Burris & Thomas, LLC right away. Our nursing home negligence lawyers would be honored to help you explore your legal options, which could include bringing a claim or lawsuit against the nursing home that failed to hire or schedule enough staff.
Get more information today. Just dial (702) 529-3101 and ask for a free case evaluation.
How Do Nursing Home Staffing Shortages Happen?
Nursing home staffing shortages are usually caused by negligence on the part of management and parent companies, which may prioritize profit margins over adequate staffing levels. This inexcusable negligence can lead to harmful consequences for elderly residents, who may suffer neglect or injury due to insufficient care. In such cases, nursing homes should be held liable through a claim or lawsuit for failing to provide a safe and supportive environment. After all, companies often make policy improvements only after they are taken to court.
Factors that can contribute to nursing home staffing shortages include:
- Badly organized employee scheduling: Management must create a balanced staff schedule each day of each week. Poor organization can lead to long parts of a shift with not enough workers.
- Intentionally small staff roster: Nursing home companies that want to save profits sometimes keep an intentionally small staff roster, minimizing money spent on employee wages.
- Poor working conditions: High stress and burnout levels, coupled with a lack of support from management, can drive staff away.
- Lack of training: Insufficient investment in training programs can result in staff feeling ill-prepared and unsupported, so they do not stay with the company for long.
- Inadequate wages: Nursing homes that offer low pay make it difficult to attract and retain qualified staff.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
