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Louisiana Nursing Home Abuse & Neglect Lawyers
More than 150 years of combined experience from Louisiana nursing home abuse attorneys
Nursing homes in Louisiana are paid large fees to care for seniors. These fees come with the obligation to protect, nurture, and help the residents live their best lives possible. Nursing homes in New Orleans and across the state are required to follow federal and state guidelines to care for their residents. They’re also required to comply with the best practice standards of the nursing home industry. When residents suffer physical abuse, sexual abuse, or any other type of abuse or neglect, Garcia & Artigliere has the experience and track record of impressive results (more than $3 billion combined) to hold nursing homes liable. We fight to obtain full compensation for each senior’s physical and emotional suffering, medical expenses, and any financial damages that may have occurred.
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How can our Louisiana nursing home abuse and neglect lawyers help?
- What are the different types of Louisiana nursing home abuse or neglect?
- What are the signs of Louisiana nursing home abuse or neglect?
- What rights do nursing home residents in Louisiana have?
- Who is liable for Louisiana nursing home abuse and neglect?
- How can I support seniors who are subject to abuse or neglect in a Louisiana nursing home?
- Do you have a Louisiana nursing home abuse attorney near me?
What are the different types of Louisiana nursing home abuse or neglect
Garcia & Artigliere are dedicated elder abuse lawyers. We’ve been fighting for seniors and people who are disabled since 1992. Our lawyers understand what types of abuse occur in nursing homes, who is responsible, and why nursing homes should be held liable.
- Physical abuse. This type of abuse involves any contact with a senior that causes any type of pain or physical injury. Common examples include pushing, hitting, punching, and slapping. The use of physical or chemical restraints and denying patients their medication are also considered physical abuse.
- Emotional abuse. This type of psychological abuse is usually based on a staff member’s improper need to control a resident’s behavior. Examples include isolating a Louisiana senior from family, friends, and other relatives. Other examples include insults, rough verbal language, and intimidating words. Emotional abuse is designed to make the senior victim fearful, guilty, and anxious.
- Sexual abuse. This type of Louisiana nursing home abuse involves forcing a resident to watch or participate in sexual activities or conduct – without the senior’s consent. The sexual abuser may be a staff member, another resident, or someone who has access to the nursing home such as a visitor or a contractor.
- Financial abuse. This type of abuse involves taking anything of value from a senior nursing home resident. Items of value may include cash, bank accounts, credit cards, and retirement accounts. New powers of attorney and changes to a senior’s will are strong indicators of financial abuse.
- Neglect: Gross neglect is the deliberate failure to provide a resident with his/her essential needs. Our Louisiana nursing home abuse and neglect lawyers represent seniors who are deprived of proper shelter, nutrition, medications, family contact, and the violation of any other fundamental rights each nursing home senior has. Generally, gross neglect is deliberate while other types of nursing home neglect, which are also actionable, are unreasonable. Nursing homes also must prevent self-neglect, which occurs when seniors with cognitive disabilities or physical disabilities can’t take care of their basic needs like bathing, dressing, and eating.
Nursing home abuse and neglect also includes failing to protect seniors who may wander away from the facility or abandoning a resident altogether by making the resident take care of himself/herself.
At Garcia & Artigliere, our Louisiana nursing home abuse and neglect lawyers are respected across Louisiana. We file personal injury claims on behalf of injured seniors and wrongful death claims on behalf of families who died while in a nursing home.
Medication errors in nursing homes
The US National Institute for Health, as of May 2023, states that there are about 6,800 prescription medications available – along with countless over-the-counter (OTC) drugs. Each drug has its own set of dangers that only multiply when combined with more drugs. Most seniors take many medications. On average, about 8,000 people in the US die due to medical errors. Hundreds of thousands of prescription users experience health problems that they don’t report.
The NIH defines a medication error as:
… any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.
Healthcare providers who provide services for nursing homes may prescribe the wrong medication or make other prescription errors.
At Garcia & Artigliere, our Louisiana nursing home abuse and neglect lawyers have the skill and resources (working relationships with elder care doctors) to show that a nursing home had a duty to provide and administer medications properly and failed to do so.
Medication errors can cause severe injuries and death. Sadly, some medication mistakes at nursing homes are more than just errors. Some nursing homes deliberately withhold medications as a form of control or punishment.
We file personal injury and wrongful death claims against nursing homes for the following types of medical mistakes:
- Not giving a resident the correct medication at the correct time in the correct dosage
- Improperly mixing the drugs the resident takes
- Not reviewing the possible side effects and interactions of the medications
- Not reviewing the resident’s medical chart to see if the resident is allergic to any medications
- Failing to record the medications that each resident takes
- An improper diagnosis or a missed diagnosis
- Not having an individual health care plan for a resident
- Failing to look for or understand the signs that a resident is having a medical problem
- Delaying medical care or providing the wrong type of treatment
Delayed or denied treatment for stroke
Prompt action when a resident is displaying the signs of a stroke can save lives. An ischemic stroke, the most common type of stroke, can usually be treated with tissue plasminogen activator (tPA) if the medication is administered within three (3) hours of the stroke. An ischemic stroke prevents the brain from getting the blood it needs.
The Centers for Disease Control and Prevention (CDC) states that in 2021, almost 17 percent of heart disease conditions are due to stroke and almost 800,000 people, every year, have a stroke. Nearly one in four stroke victims die.
At Garcia & Artigliere, our Louisiana elder abuse lawyers work with doctors and nursing home professionals who understand what procedures nursing homes should have in place to prevent delays or mistreatment of stroke.
What are the signs of Louisiana nursing home abuse or neglect?
Everyone who cares for a Louisiana nursing home resident (family, friends, and staff members) should routinely look for signs of nursing home abuse or neglect. Some of the common signs are:
- Bedsores and pressure ulcers
- Malnutrition and dehydration
- Bowel and bladder difficulties
- Fractures, cuts, and bruises
- Signs that a resident fell
- Untreated infections
- Insomnia and other sleep difficulties
- Poor hygiene
- Fear of staff members or residents
- Withdrawal from contact and engagement with family, friends, and other residents
- Indications a resident is not receiving proper medical care
- Physical and sexual abuse by other residents
- Nursing home residents who wander off or elope from the premises
- Residents who are abandoned
- Self-neglect among residents with physical or cognitive difficulties such as Alzheimer's or dementia
- The wrongful death of a resident
Data from Brigham Young University state that more than 60 percent of nursing home staff members admitted to some type of elder abuse in the prior year.
What rights do nursing home residents in Louisiana have?
Nursing homes in Louisiana are required to respect the rights of each resident. These rights are set forth in:
- The Nursing Home Reform Act of 1987.
- The rules of Medicare and Medicaid. These rules apply to nursing homes that bill these agencies for their services. Most nursing homes do bill Medicare or Medicaid.
- Rights provided by Louisiana law.
Some of the rights include the right to private conversations, immediate access to the resident’s family doctor or an ombudsman, the right to present grievances, the right to adequate and appropriate healthcare, the right to be free from mental or physical abuse (including the use of physical or chemical restraints that are not medically necessary), and many other rights.
At Garcia & Artigliere, our Louisiana nursing home abuse and neglect lawyers represent seniors and other residents of nursing homes whose rights have been violated.
Who is liable for Louisiana nursing home abuse and neglect?
Louisiana nursing homes aren’t warehouses. There are wonderful people who live there. Those people deserve to enjoy the rest of their lives in the best physical and emotional health possible. At Garcia & Artigliere, our Louisiana nursing home abuse and neglect lawyers have more than 30 years of experience fighting for seniors and everyone else who lives in a nursing home or under the care of a caretaker.
We file personal injury and wrongful death claims against all responsible parties when nursing home abuse or neglect happens. The defendants may include any of the following:
- The Louisiana nursing home
- The owners, managers, and administrators of the nursing home
- Individual staff members
- Medical providers
- Any other responsible parties
In personal injury actions, we demand full compensation for each resident’s medical expenses, physical pain and emotional suffering, loss of bodily function, and loss of quality of life. In wrongful death claims we demand full compensation for the burial and funeral expenses, loss of financial support (such as inheritances), and the loss of comfort and companionship your loved one would have provided.
How can I support seniors who are subject to abuse or neglect in a Louisiana nursing home?
Our Louisiana nursing home abuse and neglect lawyers recommend families and others who care for a nursing home resident, take the following steps if there are signs of abuse or neglect:
- Help the resident contact the Louisiana Long-Term Care Ombudsman.
- Take pictures and videos (where possible) of the nursing home, your loved one’s room and person, and any other signs of improper care.
- Contact our experienced elder care lawyers. We’ve helped our clients obtain more than $3 billions of dollars in settlements, awards, and verdicts.
Do you have a Louisiana nursing home abuse and neglect attorney near me?
Garcia & Artigliere represents nursing home victims of abuse and neglect across Louisiana. Our New Orleans office is located at 400 Poydras Street, Suite 2045. Our lawyers help seniors assert their rights, prepare them for the claims process, and fight for all the compensation they deserve.
Get help now. Talk with the respected Louisiana nursing home abuse and neglect lawyers at Garcia & Artigliere today
At Garcia & Artigliere, our Louisiana elder nursing home abuse and neglect lawyers have helped thousands of seniors nationwide obtain justice when nursing homes and other caretakers cause or fail to prevent the abuse or neglect of the elderly. We hold nursing homes responsible for failing to protect your loved one. To schedule a free consultation, call or complete our contact form. We proudly serve Louisiana. We also represent nursing home residents in California, Arizona, and Kentucky. There are no upfront costs. We handle nursing home and abuse claims on a contingency fee basis.
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