Posts by Stephen Garcia

Facing the possibility of a loved one being discharged from a nursing home can be a distressing experience. At Garcia & Artigliere, our nursing home abuse attorneys understand the emotional and legal challenges that such situations can create. The question of whether a patient can be legally evicted from a nursing home is complex, involving…

If a nursing home is abusing your loved one, neglectfully causing harm, or just isn’t providing the type of care you like, you and your loved one generally have the right to request to move to another facility. Before entering a nursing home as a resident, a contract is signed (similar but not identical to…

The terms “abuse” and “neglect” have some similarities and key differences. Generally, abuse involves some intentional or deliberate failure or misconduct – or some affirmative act that causes harm. Abuse of a senior is intolerable and should never ever happen. Negligence refers to a lack of reasonable care – care that does not meet the…

Garcia & Artigliere has obtained more than $3 billion for our clients, including nursing home clients. One of the key reasons for a strong record of success is that we anticipate the defenses that nursing homes are likely to assert – and we take steps to show why those defenses lack merit. The specific defenses…

Nursing homes benefit from cameras and other technology to ensure the safety and well-being of their residents. These technologies help staff members monitor where the residents are, observe interactions with other residents, respond to emergencies, and provide care in many other ways. Nursing home technologies Technology should complement medical care, and not replace care. Nursing…

Nursing homes across the country must comply with federal and state regulations. These regulations help protect parents, grandparents, spouses, and other loved ones from abuse and neglect. Nursing homes in California, Arizona, Kentucky, Louisiana, and other states that violate these regulations may be liable for any injuries or deaths they cause. Most nursing homes are…

Chemical restraints, often misunderstood and misused, have become a significant issue in nursing homes. These restraints involve the use of medication to control the behavior of residents, particularly those with cognitive impairments like dementia. While there are circumstances where such medications may be necessary for the safety and well-being of residents, their misuse or overuse…

Strokes are a leading cause of disability and death globally, affecting millions of individuals each year. Despite the high incidence and severe consequences of strokes, they are frequently missed or misdiagnosed, leading to catastrophic outcomes. Several factors contribute to the frequent misdiagnosis or missed diagnosis of strokes, including atypical presentation, inadequate medical knowledge, systemic healthcare…

Dementia, a condition characterized by a decline in cognitive function, affects memory, reasoning, and the ability to perform everyday activities. This vulnerability makes nursing home residents with dementia particularly susceptible to various forms of abuse, including physical, emotional, financial, and neglect. Dementia significantly impairs a person’s cognitive abilities, making them dependent on others for their…

A recent article in the Louisiana Illuminator reports that Louisiana is failing its nursing home residents, alleging the state failed to follow up and investigate a variety of abuse allegations against senior citizens. The publication notes: Like child protective services, Elderly Protective Services (EPS) solicits tips from the public about potential cases. It received nearly…