How to File a Complaint Against a Nursing Home in Louisiana

Has your loved one suffered physical or emotional trauma due to abuse or neglect while residing in a Louisiana nursing home? Families of nursing home abuse or neglect victims have various legal avenues to pursue accountability and justice on behalf of loved ones. In Louisiana, families can pursue various types of complaints against nursing homes to seek legal and financial relief from facility operators and staff who abuse or neglect vulnerable residents.

Recognizing the signs of nursing home abuse and neglect

Before your family can file a complaint against a Louisiana nursing home for abusing or neglecting your loved one, you must have evidence to support your claim. The first step will be to learn what signs to look for so that you can recognize when your loved one has become a victim of abuse or neglect. Common signs of nursing home abuse and neglect include:

• Unexplained severe injuries, such as broken bones, sprains, strains, internal injuries, or traumatic brain injuries
• Unexplained STIs or UTIs
• Delayed transfers to the hospital for injury or illness treatment
• Delayed reporting of injury or illness to family members
• Bruising, welts, cuts, or scars
• Missed medications
• Signs of restraint, such as marks on wrists or ankles or unnecessary heavy sedation
• Broken eyeglasses or torn clothing
• A resident acting afraid or becoming unwilling to speak in the presence of staff members
• Residents not wanting family or friends to leave them alone in the nursing home
• Difficulty getting to speak to a resident on the phone or through letters or email
• Unusual changes in behavior, such as rocking, mumbling, wandering, or thumb-sucking (which may also resemble the signs of dementia)
• Dirty, unsanitary, or disheveled conditions in the nursing home or a lack of appropriate heating or air conditioning
• A resident suffering frequent falls without the facility developing a fall prevention plan
• A resident regularly eloping (wandering) from the facility
• Lack of visible staff presence
• Valuables, checks, credit cards, or cash going missing from the resident’s room
• Unexplained changes to the resident’s finances or estate plan

Louisiana laws and regulations governing nursing homes

Title 48, Chapter 97 of the Louisiana Administrative Code establishes the regulations for nursing homes in the state. The law requires all nursing facilities to hold licenses issued by the state’s Department of Health. The regulations also authorize the Department to conduct on-site surveys of nursing homes and other investigatory methods to investigate threats to residents’ health, safety, and welfare. The Department can issue notices of deficiencies to facilities to identify violations and corrective actions the facilities must take. Furthermore, the law allows any person aware of threats to the health or welfare of a nursing home resident to file a complaint with the Department; in response to such complaints, the Department may make unannounced site surveys and, if necessary, develop a plan of correction for the facility. The Department can also issue penalties for violations, such as fines, provisional licensure, denial of license renewal, or revocation. Regulations also require nursing homes to self-report incidents of resident abuse or neglect.

The complaint process in Louisiana

Families of nursing home residents in Louisiana who experience abuse or neglect may pursue complaints with various government officials. First, residents and their families may file complaints with the Louisiana Long-Term Care Ombudsman program. The program puts residents and their families in touch with a trained volunteer ombudsman who can investigate complaints and advocate on behalf of nursing home residents who suffer abuse or neglect by facility staff. Residents and families may file complaints with the ombudsman program regarding quality of care, activities, visitation, and residents’ abilities to exercise their rights as residents and citizens. A volunteer ombudsman can visit a nursing home facility on behalf of a resident and their family to investigate concerns about abuse or neglect and advocate on the resident’s behalf with facility operators and staff to resolve issues.

Alternatively, families can file complaints about nursing home abuse or neglect with the Louisiana Department of Health, which regulates nursing homes and other licensed healthcare facilities. Families can submit complaints online or over the phone to the Department’s hotline for nursing home abuse and neglect complaints at 888-810-1819. Complaints should detail the resident’s name, date of birth, and date of admission, the name(s) and title(s) of involved staff members, and the department(s) involved.

Once the Department receives a complaint, it will review and investigate the allegations, including contacting the nursing home operator or visiting the facility. The Department usually issues determinations within 30 days of the complaint’s filing date. If the Department finds that violations of state laws and regulations have occurred, it can order corrective action against the nursing home facility.

However, when family members believe that a loved one faces an imminent threat of harm due to abuse or neglect in a nursing home, they can also contact local law enforcement to intervene and protect their loved one from further abuse or neglect.

Additional steps for families

Families whose loved ones suffer harm due to abuse or neglect in a Louisiana nursing home can pursue additional steps to advocate for their loved one’s rights and interests. For example, families may pursue injury claims against staff members and nursing home operators responsible for abuse or neglect suffered by a resident. An injury claim can allow an injured nursing home resident to recover compensation for various financial and personal harm caused by abuse or neglect, including:

• Costs of treatment, rehabilitation, and therapy for physical and emotional injuries caused by abuse or neglect
• Costs of transferring abuse and neglect victims to new residential settings
• Physical pain and distress
• Emotional trauma
• Lost enjoyment or quality of life due to new disabilities, disfigurement, or emotional harm

Families should speak with a nursing home abuse and neglect attorney as soon as possible to ensure they file their legal claims within the deadlines set by Louisiana law.

Contact a nursing home abuse attorney today for help

After a loved one in a nursing home suffers from abuse or neglect, your family needs legal guidance and advocacy to protect your loved one’s safety and rights. Contact Garcia & Artigliere today for an initial consultation with a Louisiana nursing home abuse and neglect lawyer to discuss your family’s options for filing complaints against a facility that abused or neglected your loved one.