Elder Physical Abuse


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Baton Rouge Lawyers Handling Claims of Physical Abuse of the Elderly

Protecting Louisiana seniors when caretakers commit or permit physical abuse

No mother, father, grandparent, aunt, or uncle should ever be physically attacked or threatened. Physical abuse causes more than unconscionable physical pain. Physical abuse by a nursing home or any healthcare provider robs your loved one of trust, hope, and dignity. Most seniors already have physical and cognitive difficulties. Any physical force worsens those difficulties so much that many seniors are unable to fully recover. At Garcia & Artigliere, our Baton Rouge elder abuse lawyers have helped thousands of clients obtain strong settlements and verdicts. We are respected across America for our record of success which includes nearly 50 results for one million dollars or more. Call us today to stop the abuse now and compensate your loved one.


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What is physical abuse?

The US Centers for Disease Control and Prevention (CDC) defines physical abuse as any injury, distress, illness, loss of function, or death due to the intentional use of physical force. Physical abuse includes:

  • Using chemical restraints such as drugs, and physical restraints such as belts, bedrails, bandages, ties, lap belts, concave mattresses, and trays that prevent a senior from getting up or moving.
  • Hitting, slapping, pushing, or burning a senior
  • Denying a senior medications, food, or drink, and failing to move them to prevent bedsores
  • Sexual abuse

Some abuse is due to meanness. Often, caretaker abuse is used to control or punish a senior. Some of the alternatives to physical abuse include more frequent checks on residents, checks by different staff members, or taking steps to properly secure or move seniors so that force isn’t required.

What are the signs a senior in Baton Rouge has been abused?

Family and friends of the elderly in Baton Rouge can help their loved ones by making routine visits. Some of the signs of physical abuse of the elderly include:

  • Broken hips, legs, arms, and other body parts
  • Bleeding, cuts, and bruises
  • Changes in mood or behavior
  • Physical pain
  • Fear of someone who works for, visits, or lives in the facility
  • Infections or illnesses that are not treated
  • Weight gain or loss
  • Failing to participate in social activities, exercise, or other senior activities
  • Difficulty sleeping
  • Anxiety and depression
  • The need for emergency medical care
  • Sudden death

What are the causes of physical abuse in Baton Rouge facilities and homes?

Physical abuse of seniors is preventable. Long-term care facilities and other caretakers should anticipate who might commit physical abuse, why the abuse occurs, how to protect residents and patients from abuse, and how to act quickly to ensure any abuse that does occur stops immediately. Caretakers in Baton Rouge can take many preventive steps.

At Garcia & Artigliere, our Baton Rouge nursing home abuse and neglect of the elderly attorneys work with local adult protective agencies, law enforcement, and the state Ombudsman to address abuse when it happens. In most cases, the best way to stop the abuse is to obtain a substantial settlement or verdict against the caretaker.

The causes of senior abuse in Baton Rouse include:

  • The abuser is mean, has drug or alcohol problems, or doesn’t have the skills to work with the elderly who have cognitive, physical, or emotional impairments
  • The caretaker (an institutional facility or a home-health agency) failed to:
    • Educate and train staff members about the challenges seniors face
    • Hire enough staff members
    • Create and implement written safety measures
    • Have individual care plans
    • Conduct background checks
    • Fire or discipline any abuser
    • Notify the police, adult protective services, or the Louisiana Ombudsman Program
    • Implement caretaker best practices
    • Provide medical assistance
    • Comply with federal and Louisiana laws

Our lawyers work with the police and prosecutors if any criminal charges are filed.

What harm do victims of Baton Rouge physical abuse suffer?

Our Baton Rouge physical abuse lawyers work with gerontologists, other types of elder care doctors, and all types of physicians to verify what injuries your loved one has, what medical care is needed, and every way the injuries are affecting every part of his or her life.

Physical injuries due to nursing home, assisted living, or other types of caretaker abuse include:

  • Fractures
  • Concussions and traumatic brain injuries
  • Spinal cord damage and paralysis
  • Breathing disorders
  • Heart disorders
  • Nerve, muscle, ligament, and tendon damage
  • Back, neck, and shoulder pain
  • Chronic pain
  • Emotional suffering

Seniors who are physically abused also live in fear of further abuse. Their quality of life and happiness usually take a sharp turn for the worse if they are abused.


How much is a senior’s Louisiana physical abuse claim worth?

No matter how old your loved one is, your loved one deserves to live every day to the fullest. Every moment of pain deserves compensation. Every anxious moment deserves compensation. At Garcia & Artigliere, our Baton Rouge physical abuse lawyers demand compensation for the current and future expenses and harm:

  • The medical bills including ER care, surgeries, hospitalizations, physical therapy, occupational therapy, visits with specialists, assistive devices, medications, and psychological counseling
  • The daily physical pain and emotional suffering
  • Any income loss
  • Any scarring or disfigurement
  • Any inability to use a part of their body
  • The loss of quality of life

We also seek punitive damages from the abuser, and if the conduct is egregious, from the caretaker.

We file wrongful death claims if physical abuse by a caretaker tragically takes the life of your loved one.

When does the abused senior need to file their Baton Rouge physical abuse claim?

The time limit for filing a physical abuse claim against a Baton Rouge caretaker is just one year. That time limit applies to both personal injury and wrongful death claims.

You shouldn’t wait to help your loved one speak with a lawyer and file his/her claim. The physical abuse must stop now. If your loved one is being abused, it’s likely that other seniors in Baton Rouge are being abused too. Your loved one needs physical and psychological help now. Memories can fade with time. At Garcia & Artigliere, we’re ready to help you now.

Do you have a Baton Rouge physical abuse lawyer near me?

At Garcia & Artigliere, our physical abuse lawyers meet seniors and their families at our Louisiana office. We meet clients in Baton Rouge at their residential care facilities, homes, or other convenient locations. We also speak with senior physical abuse victims by phone and through video.

Our Baton Rouge physical abuse attorneys answer every question and guide seniors calmly and clearly through the claims process.

Contact the respected Baton Rouge physical abuse lawyers at Garcia & Artigliere now

At Garcia & Artigliere, our experienced attorneys have helped many people just like your loved ones. We’ve obtained numerous six and seven-figure results in elder abuse and neglect cases including $5 million for a 92-year-old dependent adult woman who suffered elder abuse and neglect over a seven-year period while she was a resident of a nursing home. To help your loved one assert  his/her rights, call us or fill out our contact form to schedule a free, confidential consultation. We fight for abused and neglected seniors in Baton Rouge, New Orleans, and across America. We represent physical abuse victims on a contingency fee basis.

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