Criminal Neglect of Patients – NRS 200.495

Overview

Criminal neglect of patients is a serious offense under Nevada Revised Statute (NRS) 200.495 that addresses the failure of caregivers or healthcare professionals to provide adequate care to patients. This law aims to protect vulnerable individuals who rely on others for their health and well-being. The statute recognizes that neglect can lead to severe harm or suffering, and it establishes legal consequences for those who fail in their caregiving responsibilities.

Definition of Criminal Neglect of Patients

Under NRS 200.495, criminal neglect of patients is defined as the willful neglect or failure to provide necessary care to a patient, leading to physical or mental harm. Key elements of this offense include:

1. Duty of Care: The accused must have a legal duty to provide care to the patient. This includes healthcare professionals, caregivers, and anyone responsible for the well-being of another person.
2. Failure to Provide Care: The accused must have failed to provide the necessary care that meets accepted standards of practice. This could include neglecting medical needs, failing to provide adequate supervision, or not addressing a patient’s basic needs such as food, shelter, or hygiene.
3. Resulting Harm: The neglect must have resulted in physical or mental harm to the patient. This harm can range from minor injuries to severe consequences, including death.

Legal Requirements for Prosecution

To secure a conviction for criminal neglect of patients under NRS 200.495, the prosecution must prove the following elements beyond a reasonable doubt:

1. Existence of a Duty: There must be evidence that the accused had a legal duty to provide care to the patient in question.
2. Neglectful Actions: The prosecution must demonstrate that the accused willfully neglected their duty to care for the patient.
3. Causation of Harm: The prosecution must show that the neglect directly resulted in harm to the patient, whether physical or mental.

Related Offenses

Criminal neglect of patients is related to several other offenses, including:

• Elder Abuse – NRS 200.509: Involves the abuse or neglect of elderly individuals, which can also include the criminal neglect of patients.
• Child Abuse or Neglect – NRS 200.508: Involves the neglect of minors, similar to the neglect of patients.
• Assault – NRS 200.471: If the neglect results in physical harm, charges may overlap with assault.

Examples of Criminal Neglect of Patients

Understanding NRS 200.495 can be clarified through specific examples:

• Example 1: A nursing home staff member repeatedly fails to assist a resident with basic hygiene needs, leading to severe skin infections. This neglect can result in criminal charges if it is shown that the staff member willfully ignored the patient’s needs.
• Example 2: A caregiver for an elderly individual neglects to provide necessary medication, leading to a medical emergency. This failure to administer medication can be prosecuted as criminal neglect.

Penalties for Criminal Neglect of Patients

The penalties for criminal neglect of patients under NRS 200.495 can be severe and may vary based on the circumstances of the case:

• Category D Felony: Criminal neglect is typically charged as a Category D felony. The penalties may include:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the neglect results in serious bodily harm or death, charges may escalate to a Category C felony, leading to harsher penalties, including longer prison sentences and higher fines.

Defenses Against Criminal Neglect Charges

If you are facing charges related to criminal neglect of patients under NRS 200.495, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no willful intent to neglect the patient can be a strong defense. If the accused can show they acted in good faith and made reasonable efforts to provide care, this may negate charges.
2. Inability to Provide Care: If the accused can prove that circumstances beyond their control prevented them from providing necessary care, this may serve as a defense. For example, unexpected medical emergencies or staffing shortages may play a role.
3. Insufficient Evidence: The prosecution must provide clear evidence of neglect. If the evidence is circumstantial or weak, it may lead to a dismissal of charges.
4. Misunderstanding of Care Standards: If the accused can demonstrate that they adhered to accepted standards of care within their profession, this may help in defending against allegations of neglect.

The Importance of Legal Representation

Navigating the complexities of criminal neglect charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling healthcare-related cases equips him to provide a robust defense against charges under NRS 200.495.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in cases of criminal neglect.

Understanding Your Rights

If you are accused of criminal neglect of patients, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of criminal neglect of patients under NRS 200.495 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.