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New Orleans Elder Abuse Lawyers
Relentless advocacy for Louisiana seniors who suffer abuse and neglect
The elderly, people 60 and older, should be able to join their senior years. This means that caretakers should prioritize the health of each senior, take steps to ensure the seniors are as socially engaged as possible, and ensure that residents with vulnerabilities such as cognitive impairments are not abused. Family members, friends, nursing home administrators, and staff may all be held liable if they breach their duty to provide medical care and elder care to any senior in New Orleans.
At Garcia & Artigliere, our Louisiana elder abuse attorneys fight for susceptible seniors who suffer physical injuries, emotional suffering, and violations of their rights. Since 1993, our national elder abuse lawyers have been fighting for seniors and their families in federal and state courts in New Orleans and across the country. Our record of success includes more than $3 billion in awards for folks across the nation. We file individual claims, class action claims when multiple seniors are being mistreated in the same way, and wrongful death claims when a senior tragically dies. We’re ready to help your loved one now.
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What is elder abuse?
Elder abuse is categorized, according to the National Institute on Aging (NIA) as follows:
- Physical abuse. This type of abuse involves any forceful contact with a senior including punching, pushing, striking, or causing physical harm. Physical abuse also includes the use of chemical or physical restraints to keep a senior immobile.
- Sexual abuse. Any kind of nonconsensual sexual contact with an elder person is considered sexual abuse. Seniors with cognitive disabilities such as dementia cannot give consent.
- Neglect. Personal caretakers, home health aides, adult daycare centers, nursing homes, and long-term care facilities need to anticipate the types of problems seniors in New Orleans have. The failure to avoid or manage malnutrition, dehydration, bedsores, falls, wandering, medication errors, and other health disorders is inexcusable.
- Emotional abuse. Many caretakers intimidate, threaten, and demean seniors. These caretakers may also prevent family and friends from communicating with a senior. Emotional abuse which often accompanies physical or sexual abuse, can cause PTSD, anxiety, depression, and thoughts of suicide.
Other types of elder abuse include financial abuse (stealing, unauthorized access, undue pressures, and fraud) and abandonment (leaving a senior in the caretaker’s care on their own).
A common factor in private and nursing home abuse of seniors is the physical and cognitive condition of the senior. Many seniors have mobility problems. Sadly, many have dementia or Alzheimer’s. Seniors who don’t have family or friends are also more likely to be abused. Caretakers who abuse seniors who have these vulnerabilities may be liable for punitive damages in addition to pain and suffering damages for elder abuse.
The NIA states that about 10 percent of seniors suffer some type of abuse. Many instances of abuse are not reported.
Garcia & Artigliere understands how traumatic and unconscionable elder abuse is. We demand justice when the elderly are abused.
What factors indicate a senior is being abused in New Orleans?
Many seniors are in poor health. Even active seniors can become quiet and withdrawn when abuse occurs. It is critical for the people who love them to visit them and communicate with them. Some of the many signs that a senior you love is being abused are the following:
Signs of physical abuse
- Malnutrition and dehydration
- Bedsores
- Broken bones
- Welts, cuts, and bruises
- Bruises and other signs of force in private areas of the body
- Infections
- Dental problems
- Difficulty going to the bathroom
- Difficulty sleeping
- Pain
- The worsening of preexisting health disorders
- Weight loss or gains
- Signs of being restrained
Some of the signs of sexual and emotional abuse include:
- Stress and anxiety
- Nonparticipation in social activities
- Withdrawal
- Depression
- Confusing
- A feeling of helplessness
- Post-traumatic stress disorder (PTSD)
- Unusual conversations about sex
Other signs of abuse include unsanitary conditions, poor grooming, signs that medications are not being taken, and many other conditions.
How can we prevent elder abuse in New Orleans?
Family and friends should visit seniors at their homes or facilities as much as possible. Being prevented from communicating or visiting with a senior is a red flag. Be aware. Be involved. Some of the ways you can help protect seniors from abuse in New Orleans include:
- Monitoring/watching the staff to ensure they’re helping the senior
- Reviewing the medications the senior is taking
- Speaking with the senior about their finances
- Reporting any signs of nursing home abuse to the state ombudsman.
- Helping the elderly assert their federal and Medicare/Medicaid rights
The best way to help your loved one is to call our New Orleans elder abuse lawyers as soon as you suspect any type of abuse. We’ve helped thousands of seniors who have been abused stop the abuse and obtain full compensation for the abuse. We’ll help investigate the abuse, file complaints, and pursue your claim in court.
Who is liable for elder abuse in Louisiana?
At Garcia & Artigliere, we understand who is responsible for elder abuse. We file claims against the individual abusers and the people and entities, such as nursing homes, who had responsibility for preventing the abuse, stopping the abuse, and taking enforcement actions. The defendants may include:
- The abuser
- Home-health agencies
- Adult daycare centers
- Nursing homes
- Assisted living facilities
- Long-term care facilities
- Guardians of the senior
- Private caretakers
- Hospitals
How can your Louisiana elder abuse attorneys help?
At Garcia & Artigliere, we have a personal mission to stop elder abuse and compensate victims for the suffering and losses. We work with professionals who understand why abuse occurs and how it should be stopped. We also work with elder care physicians who can articulate just how traumatic the abuse is for your loved one. Our work has led to outcomes such as:
- $38.6 million award in the largest Elder Abuse and Dependent Adult Civil Protection Act settlement in California history.
- $12 million in a class action lawsuit against Manor Care
- $6 million on behalf of seniors and dependent adult residents of the Ensign Corporation’s California long-term care facilities.
We have obtained many recoveries for more than $1 million dollars for a broad range of elder abuse cases including sexual abuse, failure to treat bedsores, failure to treat infections, the misdiagnosis of strokes, and other types of elder abuse and neglect.
Do you have an elder abuse lawyer near me?
Garcia & Artigliere is located at 400 Poydras Street, Suite 2045, in New Orleans. We represent seniors and their families whenever elder abuse happens. We’ll guide you through each phase of the claims process. We’ll fight to restore the senior’s dignity, hold the wrongdoers accountable, and obtain the compensation necessary to treat the senior’s medical problems and enjoy their futures.
Speak with the caring Louisiana elder abuse lawyers at Garcia & Artigliere today
At Garcia & Artigliere, our New Orleans elder abuse are respected nationwide for our preparation, understanding of the laws, understanding of just how damaging abuse is, and our persuasive abilities. We’re ready to help restore your loved one’s spirit and hold caretakers who commit or who are responsible for elder abuse liable. To assert your rights, call or contact our offices today for a free, confidential consultation. We represent the elderly and their families across the United States, and maintain additional offices in Los Angeles, Long Beach, Louisville, and Phoenix. There are no upfront costs. We don’t recover unless you recover.
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