Cogburn Davidson | June 9, 2025 | Nursing Home Abuse
When you place a loved one in a skilled-nursing facility, you’re not “hoping for the best.” You’re relying on a legally binding Bill of Rights—a blend of federal protections and Nevada-specific rules that guarantee every resident’s safety, dignity, and self-determination. Below, we decode those rights, flag early warning signs of abuse, and explain exactly what to do if a facility steps out of line.
Where Do These Rights Come From?
- Federal: All U.S. homes must follow the resident-rights regulations in 42 C.F.R. § 483.10, which promise “a dignified existence” and freedom from abuse, neglect, and exploitation.
- State: The state requires every licensed facility to adopt written policies that mirror or exceed the federal rules—see Nevada Administrative Code § 449.97036 (patient rights) and the zero-tolerance mandates in NAC 449.74491.
- Plain Language Guide: The Aging & Disability Services Division (ADSD) distills these laws in its consumer-friendly Long-Term Care Residents’ Rights brochure.
Your Loved One’s Core Rights: What They Look Like Day to Day
| Right | Everyday Example |
| Dignity & Respect | Staff knock, use preferred names, and explain each step of care before they act. |
| Freedom from Abuse & Neglect | No rough handling, name-calling, involuntary seclusion, or unnecessary restraints. |
| Participate in Care | Residents (or representatives) help craft care plans and can choose or change doctors. |
| Privacy & Confidentiality | Private phone calls, unopened mail, and secure medical records. |
| Manage Finances | Resident controls money or receives a written quarterly statement if the facility manages it. |
| Visitation | Family, friends, clergy, and the Long-Term Care Ombudsman may visit 24/7, subject only to reasonable safety limits. |
| Voice Grievances | Resident can complain internally, call ADSD, or contact an attorney, without retaliation. |
| Reasonable Accommodation & Choice | Personal décor, preferred schedule, and the right to refuse treatment. |
How Common Are Violations?
A World Health Organization fact sheet found that 2 in 3 nursing-home staff members admitted committing some form of abuse in the previous year, while only 16 percent of residents ever speak up—an enormous under-reporting gap that keeps countless cases hidden.
The U.S. Government Accountability Office’s infection-control study revealed that 82 percent of surveyed U.S. nursing homes were cited for infection-prevention deficiencies at least once between 2013 and 2017, and nearly half were cited in consecutive years—evidence of chronic oversight failures, not isolated mistakes.
During the first year of COVID-19, 2 in 5 long-term-care residents either had or likely had COVID-19, and more than 1,300 facilities logged infection rates above 75 percent, according to a February 2024 HHS-OIG report. The crisis exposed how quickly lapses in staffing, training, and basic safety protocols can spiral into tragedy.
The Nevada Long-Term Care Ombudsman’s 2022 annual report shows the scale of the problem close to home:
- 3,498 complaints investigated in a single fiscal year—almost ten every day
- 2,052 complaints came from nursing facilities, with physical abuse ranking as the second-most-common allegation
- Ombudsmen resolved or partially resolved 56 percent of nursing-home complaints, but nearly 4 in 10 cases had to be withdrawn, referred, or left unresolved—often because evidence was lost or residents were too frightened to proceed
Five Red Flags to Watch for in Nevada Facilities
- Unexplained bruises or recurring injuries
- Rapid weight loss or sudden dehydration
- Isolation tactics (“You’ll have to schedule visits with Administration”)
- Missing cash or strange credit-card charges
- Staff turnover is so high that you rarely see the same caregiver twice
What to Do If You Suspect a Violation
| Step | Why It Matters |
| Ensure immediate safety. Call 911 for emergencies. | Stops ongoing harm. |
| Document everything. Photos, diaries, and billing records. | Creates a paper trail. |
| Report to ADSD. Call the Elder Rights Intake Unit at 702-486-6930 (or 1-888-729-0571 statewide). | Triggers a state investigation. |
| Contact the Ombudsman. Toll-free 1-888-282-1155; services are free and confidential. | Resolves disputes and pressures the facility to comply. |
| Get legal firepower. Experienced counsel can subpoena records, depose staff, and pursue full compensation. | Levels the playing field. |
How Cogburn Davidson Protects Nevada’s Seniors
For 20 years, our award-winning team of nursing home abuse/neglect lawyers have forced negligent facilities to pay, recovering hundreds of millions for vulnerable Nevadans. We staff Spanish-speaking professionals, work on a contingency fee, and litigate every case as if it will see a jury.
Knowing Nevada’s Nursing Home Bill of Rights empowers you to spot trouble early, protect your loved one’s dignity, and—when necessary—hold facilities fully accountable. Contact us today to book your confidential consultation.