Elder Abuse

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New Orleans Nursing Home Neglect Lawyers

Strong advocacy when nursing home neglect injuries residents of Louisiana

New Orleans nursing homes should understand the ailments and health problems that their residents have or will develop. The homes should know their residents will develop problems with vision, mobility, hearing, relieving their bowels and bladders - and many other health problems. The nursing homes should also expect that many of the residents will have cognitive impairments such as dementia or Alzheimer’s disease. There are specific federal and Louisiana regulations, along with standard nursing home best practices, that each nursing home in Louisiana should follow to address these health problems and ensure their residents are as healthy as possible.

At Garcia & Artigliere, our New Orleans nursing home neglect lawyers are respected nationwide for our dedication to helping the elderly and those people in the care of others. For a combined 150+ years, our lawyers have helped thousands of clients obtain more than $3 billion in civil recoveries across the United States. We have the experience and resources to show what steps nursing homes failed to take to ensure the safety and health of their residents. We seek full compensation for each resident who suffers physically and emotionally due to nursing home neglect. We’re ready to be your elder abuse and neglect advocate in the courts of Louisiana. Call us now to assert your rights.

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How common is nursing home neglect?

The senior population is increasing in Louisiana and across the country as the people born after WWII, the baby boom generation, are now mostly 65 and older. According to the US Census, nearly 17 percent of Louisiana’s population is 65 and older. With an estimated population of 4.59 million as of July 2022, that means Louisiana has about 780,000 seniors 65 and older. Many of those seniors live or will live in Medicare-certified nursing homes.

Sadly, many of those seniors will suffer nursing home neglect. The US Centers for Disease Control and Prevention defines neglect as the failure to meet the basic needs of a resident which include food, clothing, shelter, water, medical care and medications, and good hygiene. Nursing home neglect also includes failing to anticipate, respond to, and treat a resident’s physical, emotional, and social, needs.

What are the different ways nursing homes in New Orleans neglect their residents?

At Garcia & Artigliere, our New Orleans nursing home neglect lawyers fight for seniors and younger nursing home residents who are injured due to the following types of neglect:

  • Medical neglect
  • The use of physical or chemical restraints
  • Dehydration and malnutrition
  • Falls
  • Broken bones
  • Unsanitary conditions
  • Being isolated
  • Being denied the opportunity to engage in social activities
  • Being denied their rights
  • Faulty nursing home design and maintenance
  • Failing to identify and prevent physical abuse and sexual abuse

 

Our elder abuse and neglect lawyers also represent residents who are harmed by self-neglect, which is most likely to occur when residents have cognitive impairments. Self-neglect means not taking care of one’s own basic needs, such as washing, bathing, getting dressed each day, eating, and exercising.

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What types of injuries does nursing home neglect in New Orleans cause?

At, Garcia & Artigliere, our trial lawyers advocate for New Orleans nursing home residents who suffer any type of harm including:

  • Bedsores/ Pressure Ulcers. A very common ailment that nursing home residents can develop is bedsores. They are easily avoidable if residents make sure to move residents who are in the same position for too long. Untreated, bedsores can become infected and even fatal.
  • Bladder & Bowel Injuries. Residents of New Orleans are likely to develop bowel and bladder disorders. Nursing home staff need to help residents with these disorders by helping ensure that don’t fall while rushing to the bathroom and that the residents receive treatments for common disorders such as diarrhea, constipation, incontinence, the need to urinate frequently, and other complications.
  • Broken Bones/Fractures. Every Louisiana nursing home should have fall prevention strategies including regularly inspecting the premises for fall risks. Falls can cause broken bones – especially broken hips, legs, and arms. Falls can also cause traumatic brain injuries, concussions, and other types of head trauma.
  • Scabies. Nursing homes that fail to keep their rooms and premises sanitary may cause residents to develop scabies, a very contagious skin disorder caused by mites.
  • Strokes. Strokes are a well-known risk for nursing home residents. Nursing homes in New Orleans need to understand stroke symptoms and help residents receive immediate medical care, such as tPA blood-clotting medications which can save lives and minimize complications.
  • Wrongful Death. Our lawyers file wrongful death claims when nursing home neglect in New Orleans causes a loved one to die.

What are the signs that a New Orleans nursing home neglected your loved one?

Children, other family members, and friends should regularly visit and speak with the New Orleans nursing home residents they care about. During the visits and conversations, they should inquire about the following signs and symptoms of nursing home neglect:

  • Is the resident having mobility problems, including difficulty walking and difficulty getting out of chairs, bathtubs, and beds?
  • Is the resident upset, anxious, withdrawn, or sad?
  • How well or not well is your loved one eating? Are they getting enough liquids? Have they lost or gained weight?
  • Is your loved one wearing the same clothes or new ones?
  • Is he/she shaved and groomed? Does your loved one have any difficulty eating or swallowing?
  • Can you observe any bruises or cuts that can’t be explained?
  • Is your loved one’s room clean?
  • Does your loved one acknowledge other residents? Is he/she engaged in any activities?
  • Does your loved one have any complaints?

Why does nursing home neglect in New Orleans occur?

Our New Orleans nursing home neglect lawyers are skilled at showing how long-term facilities are neglectful. Some causes of neglect include:

  • Failing to conduct background checks. The staff members are working with vulnerable people. Nursing homes should run permissible checks to examine if a potential employee has a criminal record or any record of complaints involving the care of seniors and others.
  • A lack of proper credentials and education. New Orleans nursing homes should ensure each worker has the proper licenses and qualifications to help care for seniors, including the proper authority to dispense medications and provide other types of health care. The staff should be trained to work with residents who have cognitive impairments and physical or emotional difficulties.
  • Being understaffed. There should be enough staff members to work with the residents so no staff member is overstressed or overtired. There should be enough staff members to rotate the people who help each resident.
  • Not drafting and implementing written policies and procedures. The staff members should quickly be able to access these written documents so they understand what should and should not be done. Workers should know the “best practices” of the nursing home.
  • Failing to comply with the federal and state regulations that govern nursing homes.
  • Failing to create individual care plans. For example, these plans should detail what medications each resident can and cannot take, who the resident’s doctors are, and which family members to contact.

At Garcia & Artigliere, our New Orleans nursing home neglect lawyers are skilled at showing what type of neglect occurred, why the neglect was preventable, and what harm the neglect caused your loved one.

What rights do residents have if nursing home neglect happens in Louisiana?

Residents of New Orleans nursing homes have specific elder care rights. These rights are based on federal law, Centers for Medicare and Medicaid Services (CMS) regulations, and Louisiana state law. Among these rights are the right to file complaints and speak with legal representatives. At Garcia & Artigliere, our lawyers will explain the rights each resident has and help the residents assert their rights.

We’ll help residents file complaints with the Louisiana Ombudsman’s office. Complaints involving the following New Orleans parishes - Jefferson, Orleans, Plaquemines, St. Bernard, and St. Tammany – are filed with:

Tanya Hayes, Ombudsman Coordinator
Capital Area Agency on Aging
Post Office Box 66038
Baton Rouge, LA 70896
Office: (504) 909-0672 or (800) 833-9883
Work Cell: (504) 909-0672
Fax: (225) 922-2528
thayes@capitalaaa.org

Ombudsmen respond to any problem, complaint, or concern a resident may have.  Common problems are with the quality of care, food, finances, activities, visitation, and the ability to exercise their rights as a resident or citizen.

We strongly advise that nursing home residents, their families, and guardians speak with our distinguished New Orleans nursing home neglect lawyers. Our lawyers have been fighting for nursing home residents and other seniors who have been abused or neglected since 1993. We question everyone involved, seek records of prior complaints, examine the staffing levels of the nursing homes, review the care plans for the residents, and take all other steps necessary to show how neglect occurred and why neglect harmed your loved one. We also work with physicians who understand the treatments the resident needs and the trauma the resident is experiencing.

We file claims against all responsible parties including nursing homes, administrators, supervisors, staff members, other residents, and anyone else whose neglect harmed your loved one.

What is the value of a Louisiana nursing home neglect claim?

Our New Orleans nursing home lawyers have obtained strong settlements and verdicts for thousands of our clients. We demand compensation for your loved one’s current and future:

  • Medical expenses including ER care, hospital care, surgeries, physician visits, rehabilitative therapy, psychological help, assistive devices, and medications
  • Daily physical pain
  • Daily emotional suffering
  • Loss of function of any body part including cognitive impairments
  • Loss of quality of life

We also seeks compensation for any financial losses that may arise.

Our New Orleans elder care lawyers file wrongful death actions if a loved one tragically died due to nursing home neglect.

Do you have a nursing home neglect lawyer near me?

Garcia & Artigliere represents nursing home residents and the families of residents when nursing homes in New Orleans are neglectful. In 2022 alone, our lawyers obtained $50 million in recoveries for our clients. We’re ready to assert your rights today.

Call Garcia & Artigliere today if a Louisiana nursing home is neglectful

Residents of New Orleans nursing homes have the right to expect they will receive competent compassionate care to help them live their best lives possible. Most types of physical and emotional harm can be prevented with proper planning, monitoring, and paying attention to each resident’s unique needs.

At Garcia & Artigliere, we’re skilled at holding nursing homes accountable when their neglectful care causes harm to a resident or causes the resident to die. Call or contact our offices today to schedule a free, confidential consultation. In addition to New Orleans, we maintain offices in Long Beach, Los Angeles, New Orleans and Phoenix, and represent seniors across the United States. There are no upfront costs. Our lawyers only receive compensation if your claim is successful.

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