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New Orleans Nursing Home Abuse & Neglect Attorneys
Holding nursing homes responsible for failing to prioritize the safety of seniors in Louisiana since 1993
There’s no reason the music should stop for New Orleans seniors just because people turn 60 years of age. For many people, retirement and old age are when the jazz and joy of life should be a full-time job. Sadly, many nursing homes just see seniors as a way to make a profit instead of treasures to be nurtured with quality healthcare, compassion, and social interactions. When Louisiana nursing homes deny their residents their dignity and respect, Garcia & Artigliere is ready to hold them responsible. We have:
- Served as counsel in lawsuits leading to more than 3 BILLION DOLLARS in recoveries
- Achieved multi-million dollar awards in all types of claims – individual, class action, and wrongful death
- More than 150 years of combined experience
- Spent the last 30 years advocating for the elderly
Don’t wait to speak with our award-winning legal team in New Orleans. Call or contact Garcia & Artigliere now. Prompt action helps to stop abuse, correct neglect, and compensate senior nursing home residents so they can live their best lives possible. Consultations are free and confidential.
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How can we help?
- What is nursing home abuse or neglect?
- What are the signs and symptoms of nursing home abuse or neglect in New Orleans?
- What rights do residents of New Orleans nursing homes have?
- Who is liable for nursing home abuse or neglect in Louisiana?
- What should I do if I suspect my loved one is being abused or neglected in Louisiana?
- Do you have a nursing home abuse attorney near me?
What is nursing home abuse or neglect?
Abuse
Safe Senior Care defines abuse as “Non-accidental action, or failure to take necessary action, that results in real or potential harm to an elder. An elder is considered any person over 60 years old.” Most incidents of elder abuse are committed by a person the senior knows and trusts. Elder abuse often includes taking advantage of an elder’s vulnerability or because nursing home staff members are overwhelmed, untrained, and overworked.
Elder abuse, according to Safe Senior Care, includes:
| Type of abuse | Definition | Examples |
|---|---|---|
| Physical Abuse | The use of physical force that does or may cause pain, impairment or injury to a senior. | Examples of physical abuse include punching, pushing, hitting, or striking a senior. Physical abuse also includes confining or restraining a senior such as locking the senior in a room or using physical or chemical restraints. Physical abuse can include broken bones, cuts, bruises, head trauma, other physical injuries, and emotional trauma. |
| Sexual Abuse | This type of abuse includes non-consensual sexual contact with a senior. “It can also include forcing an elder to undress or watch sexually explicit images or activity.” The capacity to give consent may be an issue. | Examples include rape, molestation, forcing a senior to watch graphic images or pornography, sexual assault, and sexual harassment. The abuser may be a staff member, administrator, visitor, contractor, or even another resident. |
| Neglect | Elder neglect involves failing to anticipate the problems that seniors are likely to have and failing to take steps to prevent those problems or minimize the harm. | Examples of nursing home neglect in New Orleans include failing to implement fall prevention protocols, failing to vet employees, failing to train employees, failing to work with experienced elder care doctors, and many other types of conduct that is unreasonable given the ages and health of the seniors in the nursing homes. |
| Self-Neglect | This type of nursing home neglect occurs when the facilities fail to monitor and address elder self-care issues. New Orleans nursing homes need to anticipate and prepare for this common issue. | Many residents have dementia, physical disorders, and mental health problems. |
Nursing homes cannot deny responsibility by blaming abuse or neglect on their staff or outside visitors. Nursing homes in New Orleans have a duty to vet, supervise, and monitor everything that takes place in their facilities. They have a duty to prepare for every known contingency. They have an obligation to protect the rights of their residents.
If a senior is being abused or neglected, call our New Orleans nursing home lawyers today. At Garcia & Artigliere, we handle all types of nursing home abuse and neglect cases, including elder abuse, nursing home neglect, and wrongful death claims.
According to the National Council on Aging, about 10 percent of seniors 60 or older have suffered some type of elder abuse. One study estimated that only about 4 percent of abuse cases are reported to authorities.
Neglect
Seniors pay good money to receive quality care. Nursing homes are subject to federal and state regulations. When a resident of a nursing home receives substandard medical care or senior care – that causes physical or emotional harm – seniors have a right to file an elder abuse or neglect claim. Families have the right to file a wrongful death claim if a loved one died due to neglect.
Some of the many types of negligence cases, Garcia & Artigliere handles include:
Personal care negligence
- Dehydration/malnutrition
- Falls
- Bedsores or pressure sores
- Wandering/elopement
- Broken bones
- Violations of the rights of the residents
Medical negligence
- Misdiagnosis of a senior’s health condition
- Delays in treatment
- Medication mistakes
- Failure to conduct timely reviews of a resident’s health
- Failure to monitor a senior’s known health disorders
- Failure to treat infections
- Failure to help residents with dementia or Alzheimer’s
- Delayed treatment of strokes
- Surgical mistakes
Medication mistakes
The National Library of Medicine’s StatPearls reports that 7,000 to 9,000 people die due to medication mistakes each year. Most nursing home residents in New Orleans take numerous pills. The nursing homes need to work with doctors and pharmacists to keep current with each resident’s medications. The homes also need to work with in-house medical personnel to ensure that the residents receive the correct medications at the correct times in the correct amounts.
Medication mistakes may also be due to the failure to examine adverse side effects, allergies, and dangerous interactions with other drugs. Nursing homes should be prepared to respond immediately if complications arise or the senior is not getting the medications he/she needs.
Delayed or denied treatment for stroke
The Centers for Disease Control and Prevention (CDC) reports that close to 800,000 people have strokes yearly. One in six fatalities caused by heart disease is due to strokes. Nursing homes need to know the signs and symptoms of strokes because immediate care is often the difference between a full recovery – and living with disabilities or dying from a stroke. Delay is critical because ischemic strokes, the large majority of most strokes, can often be treated with tissue plasminogen activator (tPA). tPA is a blood clot “busting” drug that – must be administered within three (3) hours of the stroke.
Garcia & Artigliere works with cardiologists, neurologists, and nursing home professionals to show that treatment of a stroke was delayed, that delay caused injuries or death, and that the delay was preventable.
What are the signs and symptoms of nursing home abuse or neglect in New Orleans?
The family members and friends of seniors in New Orleans nursing homes need to visit and communicate with their loved ones on a regular basis especially if they have cognitive impairments. Many seniors are unable or afraid to speak for themselves if they’re being abused or neglected.
Some of the signs of abuse and neglect we’ve already mentioned – bedsores, malnutrition and dehydration, falls, and broken bones.
Other signs include:
- Bruises and cuts that can’t be explained
- Difficulties urinating or relieving one’s bowels – and other signs of bladder and bowel injuries
- Untreated infections
- Fear of other residents
- Unsanitary living conditions
- Bed bugs or scabies
- Indications that physical or chemical restraints are being used
- Poor health which may indicate the senior isn’t taking his/ her medications
- Feeding tubes and breathing tubes that are clogged or dirty
Sadly, many seniors do die due to abuse or neglect.
What rights do residents of New Orleans nursing homes have?
Seniors in nursing have many rights that are spelled out in writing. There are federal laws such as the Nursing Home Reform Act of 1987 which set forth specific rights. Any nursing home which bills Medicare or Medicaid (most do) requires that residents have certain rights. State laws and the contracts between the nursing home and the resident should also provide specific rights.
These nursing home rights include personal rights such as the right to choose who can visit the resident, healthcare rights such as the right to select a personal physician and the right to a personalized healthcare plan, financial rights such as the right to itemized bills for services, and the right to file grievances.
If a facility violates the rights of a senior, there are several options such as filing a complaint with the state ombudsman or with a local senior governmental organization. We recommend that you call our New Orleans nursing home abuse and neglect lawyers. We’ll seek to enforce your rights and compensate you for any damages.
Who is liable for nursing home abuse or neglect in Louisiana?
Nursing homes in New Orleans have a duty to keep their residents safe. Often abuse or neglect is not isolated – other residents may be hurting too. When nursing homes fail to comply with federal state laws and regulations, implement written safety procedures, or comply with nursing home best practices – they deserve to be held accountable for any abuse or neglect that occurs.
Garcia & Artigliere has been fighting for seniors since 1993. We leave no stone unturned to hold accountable everyone who should have helped and didn’t. We file abuse and neglect claims against:
- Nursing homes
- The owners and operators of the nursing homes
- Nursing home administrators
- The medical staff
- The elder care staff
- Volunteers
- Third-party contractors
- Visitors
No matter who harmed your loved one, our New Orleans nursing home lawyers are ready to help.
What should I do if I suspect my loved one is being abused or neglected in Louisiana?
Don’t wait. If your parent, grandparent, or other close family member or friend is being abused or neglected, you need to move fast. Delay can hurt your claim and cause further harm. You only have a limited time to file a claim or lawsuit, depending on where the nursing home is located.
A few critical steps you should take include:
- Document what you see. Take photos or videos of your loved one, their room, and – if possible – the facility.
- Contact your long-term care ombudsman. You can find yours here.
- Call Garcia & Artigliere. Our New Orleans nursing home and elder abuse attorneys have been fighting for seniors for 150 combined years. We’ve recovered billions of dollars on behalf of consumer across the nation.
Do you have a nursing home abuse and neglect attorney near me?
Garcia & Artigliere is located at 400 Poydras Street, Suite 2045, in New Orleans. We represent seniors and families in Louisiana and across the country. We’re nearby when you need us.
Award-winning advocates for victims of nursing home neglect and abuse in Louisiana
Call the nursing home lawyers seniors, senior organizations, and lawyers respect. We’ll be your voice. The New Orleans nursing home abuse and neglect lawyers at Garcia & Artigliere have helped thousands of seniors obtain strong recoveries. To schedule a free, confidential consultation with us, please call or contact our offices here or in Phoenix, Louisville, Los Angeles, or Long Beach. We’re a nationally respected law firm. We handle claims on a contingency fee basis.
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