Posts by Stephen Garcia

Garcia & Artigliere has obtained more than $3 billion for our clients, including nursing home clients. One of the key reasons for a strong record of success is that we anticipate the defenses that nursing homes are likely to assert – and we take steps to show why those defenses lack merit. The specific defenses…

Nursing homes benefit from cameras and other technology to ensure the safety and well-being of their residents. These technologies help staff members monitor where the residents are, observe interactions with other residents, respond to emergencies, and provide care in many other ways. Nursing home technologies Technology should complement medical care, and not replace care. Nursing…

Nursing homes across the country must comply with federal and state regulations. These regulations help protect parents, grandparents, spouses, and other loved ones from abuse and neglect. Nursing homes in California, Arizona, Kentucky, Louisiana, and other states that violate these regulations may be liable for any injuries or deaths they cause. Most nursing homes are…

Chemical restraints, often misunderstood and misused, have become a significant issue in nursing homes. These restraints involve the use of medication to control the behavior of residents, particularly those with cognitive impairments like dementia. While there are circumstances where such medications may be necessary for the safety and well-being of residents, their misuse or overuse…

Strokes are a leading cause of disability and death globally, affecting millions of individuals each year. Despite the high incidence and severe consequences of strokes, they are frequently missed or misdiagnosed, leading to catastrophic outcomes. Several factors contribute to the frequent misdiagnosis or missed diagnosis of strokes, including atypical presentation, inadequate medical knowledge, systemic healthcare…

Dementia, a condition characterized by a decline in cognitive function, affects memory, reasoning, and the ability to perform everyday activities. This vulnerability makes nursing home residents with dementia particularly susceptible to various forms of abuse, including physical, emotional, financial, and neglect. Dementia significantly impairs a person’s cognitive abilities, making them dependent on others for their…

A recent article in the Louisiana Illuminator reports that Louisiana is failing its nursing home residents, alleging the state failed to follow up and investigate a variety of abuse allegations against senior citizens. The publication notes: Like child protective services, Elderly Protective Services (EPS) solicits tips from the public about potential cases. It received nearly…

A stroke is a medical emergency that often leads to visible side effects, such as weakness on one side of the body or obvious difficulty with communicating. That is not always the case, though. There are times when a “silent” stroke can occur, one that may not show very obvious symptoms. They can be just…

All individuals have the right to live in a place that is safe and where they feel supported. That is no different in a nursing home. There are numerous federal laws that put in place rules for nursing homes to follow to ensure that individuals are always protected. These laws are a foundation and should…

Nursing homes promise to provide care and a safe environment for those who live there. In some situations, it can feel as though the resident loses a lot of control and the ability to make their own decisions once they enter these locations. Yet, that is not the case. There are laws protecting nursing home…