Nursing Home Neglect

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Nursing Home Neglect Lawyers

Strong advocacy when a nursing home resident suffers from neglect

Nursing homes need to be held accountable when their negligence causes a resident to suffer any type of physical or emotional harm. There’s no excuse for failing to comply with federal and state laws that help to ensure the safety of the residents. There’s no excuse for failing to anticipate the dangers that the residents are likely to face due to their age and ailments. By asserting your right to compensation, you help ensure that your medical bills are paid and that you receive compensation for your pain and suffering. You also help ensure that the other residents in the home are protected from future harm.  Successful lawsuits are the best way to hold nursing homes accountable.

Garcia & Artigliere puts a combined 150 years of experience behind every case we take. Our attorneys have assisted in lawsuits that have led to more than $3 billion in recoveries for people across the country. We seek the maximum compensation for your results. Our lawyers are ready to try your case before a jury in federal or state court. Call us for help today.

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How common is nursing home neglect?

According to the National Center for Elder Abuse (NCEA), as of 2018, there were 52.4 million adults 65 and over in the United States. That number is expected to grow to 80 million (or 21 percent of the population) by 2040. It’s estimated that by 2034, there will be more seniors than there are children.

According to the Center for Justice and Democracy, a 2014 study revealed that a Department of Health and Human Services (HHS) Office of Inspector General (OIG) report show that 1/3 of seniors in skilled nursing facilities experienced adverse or temporary harm events. Nearly 60 percent of these events were preventable.

What types of nursing home neglect cases do you handle?

The NCEA defines neglect as “The refusal or failure to fulfill any part of a person's obligations or duties of care to an elder which includes, but are not limited to, life necessities such as food, water, clothing, shelter, personal hygiene, medicine, comfort, and personal safety.”

At Garcia & Artigliere, we handle all types of nursing home neglect claims, including those stemming from:

  • Medical neglect
  • Use of chemical or physical restraints
  • Social isolation
  • Failure to address mobility needs
  • Poor hygiene practices
  • Poor dietary decisions leading to malnutrition/dehydration
  • Improper room design
  • Failure to identify and address signs or allegations of abuse

Nursing home neglect also includes failing to treat self-neglect, which is behavior by a senior that threatens his or her health and provisions of life’s necessities.

It’s no excuse that a resident has dementia, Alzheimer’s, or any type of cognitive impairment. Many residents have these impairments. It is neglectful not to anticipate these impairments and the difficulties and challenges they cause.

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What kinds of injuries result from nursing home neglect?

Neglect can lead to a wide array of physical and emotional injuries. Garcia & Artigliere can help if your loved one has sustained injuries such as:

  • Bedsores/ Pressure Ulcers. Nursing homes know they need to regularly ensure residents are repositioned so these painful sores don’t develop and so that infections or other harms don’t occur.
  • Bladder & Bowel Injuries. Our nursing home neglect lawyers hold nursing homes accountable when they fail to help residents with incontinence, constipation, and other bodily function disorders.
  • Broken Bones/Fractures. Nursing homes should have fall prevention plans and emergency care plans to prevent and treat hip fractures, leg fractures, and other bone breaks.
  • Head Trauma. Falls are a leading cause of brain trauma in elderly residents. We hold nursing homes accountable when they fail to anticipate the causes of falls at long-term care facilities.
  • Scabies. Scabies are mites that infest the skin, and they are highly contagious. Facilities that are not careful about hygiene can see multiple residents develop these mites.
  • Strokes. Ignoring the signs of a stroke can lead to a delay in treatment and care, which in turn can seriously affect a resident’s long-term health.
  • Wrongful Death. We file wrongful death actions on behalf of the family members when a loved one dies due to nursing home neglect.

What are the signs of nursing home neglect?

Spouses, children, grandchildren, other relatives, and friends should look for the following signs of neglect when visiting a loved one or friend in a nursing home:

  • Mobility challenges that worsen rapidly
  • Poor hygiene includes not being dressed, shaved, groomed, or having clean teeth
  • Psychological challenges including social withdrawal, anxiety, anger, fear, depression, and resentment
  • Signs of not eating well or having enough liquids
  • Injuries and bruises that cannot be explained
  • A personal room that shows signs of disorder and uncleanliness

Why does nursing home neglect happen?

Some of the common reasons nursing home negligence occurs include:

  • Not having enough competent staff. Nursing homes should never put profit before the safety of their residents. Each resident requires quality care. Nursing homes should know how many employees they need and what medical partners they need
  • Not vetting and training their workers. Many incompetent and risky workers can be detected through a background check on the worker’s criminal record and qualifications. Unqualified workers may be in violation of state law. Training helps to ensure workers don’t mistreat the residents, recognize dangerous conditions, understand how to work with residents with dementia, and give the residents the correct medications
  • Fail to implement written policies and procedures for every known risk.
  • Fail to develop individual care plans for each resident.

At Garcia & Artigliere, our nursing home neglect lawyers have been fighting for nursing home residents for 30 years. We understand how nursing homes should work and when the homes are not complying with the laws and with industry standards. Our attorneys understand the procedures and safety measures that nursing homes should use. We understand why your pain or your loved one’s pain was clearly preventable.

What should I do if nursing home neglect is harming me or a loved one?

Seniors have specific rights according to federal law. These rights include the right to report and file grievances. When neglect occurs, the nursing home management should be notified. Residents have the right to file a complaint with the state ombudsman’s office.

The best remedy is to speak with our highly respected nursing home neglect attorneys. We’ll explain your rights and answer all your questions. We’ll investigate your claim by speaking with you, your family, and your friends. We’ll speak with other residents in the nursing home.

We’ll use the formal discovery process to question everyone in the nursing home who was involved in your care or lack of care. We’ll examine all relevant nursing home records including formal policies and the records of similar complaints. We’ll work with your doctors and our own network of doctors if necessary to show just how devastating your injuries are. We’ll conduct full inquiries if a loved one died.

We file claims against every responsible party. These parties may include the nursing home, the management of the nursing home, the staff members, medical personnel, and anyone else who owed the resident a duty of care.

What damages do you seek for nursing home neglect?

Our nursing home lawyers have obtained numerous million-dollar-plus settlements and verdicts. While each case is different, we regularly seek compensation for all of the resident’s current and future:

  • Medical expenses for ER care, surgeries, hospitalization, doctor visits, rehabilitative therapy, assistive devices, and medications
  • Physical pain
  • Emotional suffering
  • Loss of quality of life
  • Loss of function of any body part

For residents who are still working, we seek compensation for any lost income and lost benefits.

If a loved one died, we file a wrongful death claim on behalf of the family members.

Do you have a nursing home neglect lawyer near me?

Garcia & Artigliere represents injured nursing home residents and the families of loved ones across America. In just one year, 2018, we obtained $60 million in recoveries. In 2022 alone, we obtained over $50 million in recoveries. We’ll assert your rights and fight for your dignity.

You deserve better. When nursing homes are negligent, call Garcia & Artigliere

Seniors deserve to live their best lives possible. They deserve to be in the best physical and mental health possible that medicine, love, and quality care can provide. When nursing home negligence occurs, a senior’s life is turned from joy to sorrow; from being a functioning person to pain, anxiety, and depression. At Garcia & Artigliere, we help injured nursing home residents regain control of their lives. We help families honor their loved one if their parent, grandparent, or other close relative died due to negligence. Call or contact our offices today to schedule a free, confidential consultation. We represent nursing home residents and families in California, Louisiana, Arizona, and across the United States. There are no upfront costs. We don’t recover unless you recover. 

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