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Metairie Nursing Home Abuse and Neglect Lawyers
Metairie nursing home abuse and neglect attorneys protecting your loved one’s rights
Here at Garcia & Artigliere, we have been protecting the rights of senior citizens from nursing home abuse and neglect since 1993. We understand that when you decide to place your loved one in a nursing home, you do so with the trust that their needs will be taken care of and they will receive compassionate care. If that trust is betrayed, our Metairie nursing elder abuse and neglect lawyers work to ensure they receive the justice and compensation they deserve - call us today to schedule a consultation.
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What is nursing home abuse and neglect?
The National Consumer Voice reminds us of senior’s rights:
According to the Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of funds. Neglect and abuse are criminal acts whether they occur inside or outside a nursing home.
Nursing home abuse and neglect can encompass a wide range of actions (or inactions) that can affect the safety and well-being of residents in long-term care facilities. These issues can take the form of:
Nursing home abuse. Nursing home abuse involves intentional actions that cause harm or distress to residents. It can take various forms, including physical, emotional, sexual, or financial abuse. Examples of nursing home abuse include:
- Physical abuse: Inflicting pain, injury, or physical harm through hitting, pushing, restraining, or other forms of physical force.
- Emotional or psychological abuse: Intimidation, humiliation, threats, verbal abuse, or isolation that causes emotional distress or anguish.
- Sexual abuse: Any form of non-consensual sexual contact or activity perpetrated against a resident.
Nursing home neglect. Nursing home neglect involves the failure to provide adequate care and support to residents, resulting in harm or deterioration of their physical, mental, or emotional well-being. Elder neglect can be intentional or unintentional and may include:
- Failure to provide proper nutrition, hydration, or assistance with feeding.
- Ignoring medical needs, such as administering medication, monitoring health conditions, or providing necessary medical treatment.
- Inadequate hygiene and personal care, leading to infections, bedsores, or other preventable health issues.
- Lack of supervision or attention, which can result in accidents, falls, or injuries.
- Social or emotional neglect, such as ignoring residents' emotional needs, social isolation, or abandonment.
Nursing home abuse and neglect can have devastating consequences for the physical health, mental well-being, and overall quality of life of elderly residents. Family members, caregivers, and authorities need to remain vigilant, recognize signs of abuse or neglect, and take action to protect vulnerable individuals and hold responsible parties accountable.
Medication mistakes
The National Library of Medicine reports that about 7,000 to 9,000 people die every year due to medication errors. Even more experience adverse reactions and side effects from their medication. Medication errors occur when patients are given the wrong medications or in an incorrect dosage. Factors contributing to medication errors include misinterpretation of prescriptions, allergies to medications, incorrect prescriptions, or mistaken documentation by nursing home and healthcare staff.
These errors can result from a variety of issues, including nursing home staffing shortages, poor communication, inadequate training, or insufficient oversight. Nursing homes must have systems in place to prevent and address medication errors, otherwise, residents are at risk.
Delayed treatment for stroke
The Centers for Disease Control and Prevention (CDC) note that strokes contribute to one in six cardiovascular disease-related deaths in 2021 – this is about 795,000 individuals every year. Further, about one in four of these people are those who have had a previous stroke. About 87% of strokes are ischemic stroke, which occurs when blood flow to the brain is obstructed.
Ischemic strokes can be treated with tissue plasminogen activator (tPA), commonly called a “clot-busting” drug. If administered within three hours of the onset of a stroke, tPA can significantly enhance outcomes, with the CDC reporting that “Studies show that patients with ischemic strokes who receive tPA are more likely to recover fully or have less disability than patients who do not receive the drug. Patients treated with tPA are also less likely to need long-term care in a nursing home.”
If you or a loved one have faced delayed treatment of stroke, the Metairie elder abuse lawyers at Garcia & Artigliere are here to offer the support you need to pursue justice.
What are the common signs of nursing home abuse and neglect?
Recognizing the signs of nursing home abuse and neglect is crucial for protecting the well-being of elderly residents. While the signs can vary depending on the type of abuse or neglect and the individual circumstances, here are some common signs to watch for:
Physical abuse
- Unexplained bruises, cuts, scratches, or welts, especially in areas not typically prone to injury.
- Broken bones or fractures without a plausible explanation.
- Restraining marks on wrists or ankles.
- Reports of physical assault or aggressive behavior by caregivers or staff.
- Refusal of caregivers to allow visits or alone time with the resident.
Emotional or psychological abuse
- Withdrawal from usual activities or social interactions.
- Unexplained changes in mood or behavior, such as sudden depression, anxiety, or fearfulness.
- Displays of fear or unease around certain caregivers or staff members.
- Verbal threats, insults, or intimidation directed towards the resident.
- Emotional detachment or lack of responsiveness to stimuli.
Sexual abuse
- Unexplained genital infections, injuries, or bleeding.
- Bladder or bowel injuries.
- Bruises or other signs of trauma in the genital area.
- Sexually transmitted infections (STIs) or pregnancy in non-consenting residents.
- Unwillingness to be left alone with certain staff members or visitors.
- Inappropriate or sexually suggestive behavior by caregivers or staff.
Neglect
- Malnutrition or dehydration, indicated by weight loss, dry mouth, or signs of hunger.
- Poor personal hygiene, including unwashed hair, soiled clothing, or strong body odor.
- Untreated medical conditions or infections.
- Bedsores (pressure ulcers) from prolonged immobility or lack of repositioning.
- Hazardous living conditions, such as unsanitary surroundings or inadequate heating/cooling.
These are only a few of the common signs of nursing home abuse and neglect. If you have any suspicion or concerns regarding your loved one’s well-being, try to talk to them directly or speak to the nursing home staff. You can also contact Louisiana Adult Protective Services for help.
Our Metairie nursing home abuse and neglect lawyers can guide you through the legal process with compassion and confidence. Give us a call today.
What rights do Metairie nursing home residents have under the law?
The 1987 Nursing Home Reform Act provides nursing home residents with the following rights:
- “The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
- The right to voice grievances without discrimination or reprisal.”
If you suspect your loved one’s rights are being violated, it’s important to talk to the Metairie nursing home abuse and neglect attorneys at Garcia & Artigliere for experienced help.
Do you have a Metairie nursing home abuse and neglect attorney near me?
Garcia & Artigliere has offices at 400 Poydras Street, Suite 2045, New Orleans, LA 70130. We can also arrange video calls or off-site visits if you are unable to travel due to your condition.
Metairie nursing home abuse and neglect lawyers protecting your loved one’s rights
When you suspect or have witnessed nursing home abuse or neglect, take action now. The team of Metairie nursing home abuse and neglect attorneys at Garcia & Artigliere are here to help. We have more than 30 years of experience defending the rights of senior citizens and we want to help you too. If a loved one is a victim of nursing home abuse or neglect, reach out to us today. Call our offices or contact us to set up a free consultation with an experienced lawyer.