What Is the Average Settlement for a Nursing Home Abuse Claim in Louisiana?

Nursing homes, also called skilled nursing facilities, provide continual daily care for seniors and people with disabilities. Competent care includes healthcare, social engagement, and care for people with physical and cognitive challenges. Nursing homes have a duty to comply with the terms of their contracts, federal laws, Louisiana laws, and nursing home industry standards. When nursing homes fail to meet these laws and standards, our lawyers have the experience and resources to hold nursing homes accountable.

At Garcia & Artigliere, we file complaints against nursing homes and hospitals when they fail to keep your loved one safe from abuse and neglect. Our lawyers have 150 years of combined experience. We’ve secured more than $3 billion in recoveries for nursing home residents and other clients across the country. We work with physicians and life planners to fully evaluate all of your loved one’s damages.

What types of abuse and negligence do nursing home residents suffer in Louisiana?

Louisiana nursing homes should have policies and procedures in place to prevent the following types of abuse and neglect:

• Physical abuse, including physical contact and the use of physical or chemical restraints.
• Sexual abuse, including any nonconsensual sexual contact by staff members, other residents, and visitors.
• Emotional abuse, such as isolation and making residents feel anxious.
• Neglect, including poor hygiene, improper medication administration, bedsores, malnutrition and dehydration, falls, wandering and elopement, and delayed treatment of strokes.
• Violations of the rights of a nursing home resident as set forth by the Centers for Medicare and Medicaid and Louisiana law.

Nursing home injuries also include broken bones, spinal cord damage, head trauma, untreated infections, muscle and nerve damage, bowel and bladder injuries, and injuries due to the lack of proper medications.

What factors affect the value of nursing home settlements in Louisiana?

Each resident’s claim is different. Some of the factors that our Louisiana nursing home lawyers work to show are very serious and include the following:

• The type of injury/illness and the severity of the injury/illness. Injuries and illnesses that are life-changing, permanent, and/or chronic are generally worth more than injuries that heal within a short amount of time. For many seniors, even minor injuries can last a long time because their bodies need more time to heal.
• The resident’s life expectancy. Any injury or illness that shortens a resident’s life expectancy increases the potential damages. Every senior’s life is valuable, no matter their age.
• The type of medical care needed. Cases in which a resident needs surgery or time in the hospital are generally worth more, though residents who need long-term therapy can also receive large amounts.
• The length of the abuse. If the nursing home engages in or permits abuse or neglect repeatedly, then the nursing home may be liable for punitive damages – and should pay more for allowing the harm to continue.

Generally, insurance companies are willing to pay more for pain and suffering if the medical bills are higher. Some insurance companies even use a multiple of the medical bills to arrive at a pain and suffering amount.

The value of a nursing home claim in Louisiana depends on many other factors, including who is liable, the amount of insurance coverage, the expertise of the physicians who write medical reports or testify in court, and the likely amount the resident and/or family would receive if a jury decides the amount of damages to award.

What economic and non-economic damages can Louisiana nursing home victims receive?

Our Louisiana nursing home lawyers work with our network of physicians and with the resident’s doctors to fully review the type of injuries they have, the severity, the treatments that are necessary, and the quality of life the resident will live during and after the treatments. The value of your loved one’s nursing home claim in Louisiana is determined by considering the following damages (current and future):

• The medical bills. We demand payment for all your loved one’s emergency care, hospitalizations, surgeries, physical and other types of rehabilitative therapy, medications, and assistive technology and devices.
• Pain and suffering. Our lawyers seek compensation for every ache, twinge, itch, and moment of physical discomfort – and every moment of anxiety, depression, and stress – that your loved one endures.
• Other damages. These include any loss of bodily function, inability to enjoy life’s pleasures, and financial damages, such as the cost of transferring your loved one to another Louisiana nursing home.

We also seek punitive damages if the conduct of the nursing home or hospital is unconscionable. If the nursing home abuse or neglect causes the death of a loved one, we file wrongful death claims on behalf of the family member. Wrongful death damages include the funeral and burial costs, the grief of the survivors, the loss of personal support, and the loss of any financial support.

What settlement amount can nursing home victims expect to receive in Louisiana?

At Garcia & Artigliere, we have a very strong record of settlements and verdicts, including many for millions of dollars. Each case is different.

Some of our Louisiana successes include the following:

• $3,897,689 for nursing home abuse and neglect. Garcia & Artigliere secured this amount for the family of an elder abuse victim. This historic decision was the first healthcare fraud verdict in Louisiana. The result confirms our commitment to holding negligent long-term care providers accountable.
• $2,200,000 in a nursing home abuse and neglect case. We recovered this award against Defendants LTAC of Louisiana, LLC d/b/a “AMG Specialty Hospital” and Acadiana Management Group, LLC, respectively, for injuries caused by the negligence of the two defendants.

Our Louisiana nursing home lawyers will work with you during each step of the settlement negotiating process. Garcia & Artigliere maintains an office in New Orleans at 400 Poydras Street, Suite 2045. We’re ready to fight for you and your loved one.

Call our New Orleans office or fill out our contact form to schedule a free consultation today. We also have offices in Phoenix, Los Angeles, Long Beach, Long Beach, and Louisville.