LA Elder Abuse

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New Orleans Lawyers Handling Claims of Physical Abuse of the Elderly

Relentless advocacy when seniors are physically abused in Louisiana

You never think your sweet mother, grandfather, or another close relative will be abused but it happens more often than you might think. Physical abuse by private caretakers, nursing homes, and others who have a duty to care for seniors happens often in New Orleans and across Louisiana. Many times the abuser and the victim know each other. Seniors with cognitive impairments are among the most vulnerable victims. Sadly, many elderly people are afraid to report elder abuse. Seniors who are victims of physical or sexual abuse need experienced elder care lawyers on their side to stop the abuse and to seek compensation for their physical and emotional pain.

The perpetrators know that seniors often lack the strength, courage, and cognitive ability to resist. Many caretakers abuse the elderly because they’re not trained to properly help seniors. Seniors with Alzheimer’s, dementia, physical disabilities, and emotional difficulties are often abused the most. At Garcia & Artigliere, our New Orleans elder care lawyers are skilled at showing how the abuse occurred, such as through the denial of food, drink, or medications; the use of physical or chemical restraints; sexual assaults; and many other types of abuse.

We are respected nationwide for our ability to show what steps should have been taken by caretakers to stop the abuse and to show just how devastating and crushing the abuse is. At Garcia & Artigliere, our New Orleans elder abuse lawyers have been fighting for the elderly since 1993. We have obtained more than $3 billion in recoveries for clients nationwide. Call us now to protect your loved one.

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What is physical abuse?

The National Council on Aging defines physical abuse as “inflicting physical pain or injury upon an older adult.” Seniors are generally defined as anyone 60 or older. Physical pain or injury includes pain, functional impairment, and death. Acts of physical abuse include slapping, hitting, kicking, pushing, and burning. Physical abuse also includes the use of physical or chemical restraints. Nonconsensual sexual contact or abuse are also examples of physical force.

Physical abuse is illegal. The abuser can be charged with a crime.

What are the signs of physical abuse of the elderly in New Orleans?

The elderly need family, friends, and caretakers to know the signs a senior is being abused and have the courage to speak out on that senior’s behalf. The signs of physical abuse include:

  • Bleeding
  • Bruises, cuts, and scars that can’t be explained
  • Mood changes
  • Irritability, anxiety, and any signs of emotional distress
  • Being withdrawn
  • Remoteness from people the senior normally trusts
  • Difficulty sleeping
  • Weight loss or gain
  • New injuries after the old ones heal
  • The need for emergency care
  • Vague or unclear responses
  • Sudden death

What are the causes of physical abuse of seniors in New Orleans?

Elderly abuse may be committed by caretakers, relatives, nursing home visitors, contractors, and anyone who has contact with a senior. Residents may also commit physical abuse of other residents.

Caretakers may physically abuse a senior due to:

  • Overwork and other types of stress
  • Lack of education and experience in working with seniors who have cognitive, physical, or emotional difficulties
  • Alcohol or drug abuse
  • Antisocial behavior

New Orleans nursing homes may be responsible for the physical abuse of seniors due to:

  • Burnout by the staff members
  • Not enough qualified staff members
  • Lack of education about senior challenges, especially among residents with dementia and Alzheimer’s
  • The failure of nursing homes in New Orleans to vet the criminal record or prior complaint history of staff members
  • Failure to supervise and monitor the staff
  • Failure to encourage other staff members to file complaints
  • Failure to rotate the caretakers so different people are helping each senior
  • Failure to have policies and procedures to prevent nursing home abuse in place

Family members, visitors, and other non-caretakers may physically abuse the elderly. Nursing homes should have policies in place to observe who has contact with each senior, observe if a senior has been abused, and address any abuse of the elderly immediately.

Why is physical abuse of seniors so devastating?

Seniors are more vulnerable to serious injuries because they already are likely to be coping with various physical difficulties such as diabetes or heart disease. Injuries to the elderly take more time to heal. Seniors tend to have more brittle bones. Physical abuse of the elderly in New Orleans can cause broken bones, head injuries, internal bleeding and organ damage, nerve damage, spinal cord injuries, and other types of serious injuries.

Physical abuse of the elderly also includes the failure of the New Orleans caretaker to provide competent medical care. Medication mistakes and delays in treating strokes can have severe or even fatal consequences. Drugs should never be used to restrain a resident or someone in the caretaker’s charge without medical justification.

Seniors who suffer physical abuse often live with chronic pain. Some physical assaults are deadly.

Who is responsible for the physical abuse of the elderly?

The person who commits the abuse should certainly be held accountable. In some cases, criminal charges may be filed against the perpetrator. Home health agencies, adult daycare centers, nursing homes, and all long-term care facilities should investigate the abuse and take disciplinary action including firing the abuser when warranted. Civil lawsuits hold the abuser accountable financially while helping to compensate the victim.

Nursing homes, private caretaker agencies, and their managers and supervisors should also be held accountable if they failed to take the necessary steps to prevent the physical abuse of a New Orleans senior. Prevention includes:

  • Conducting background checks on employees
  • Monitoring visitors that the elderly patient or resident sees
  • Limiting the amount of time a senior is with any one person
  • Establishing policies and procedures for preventing physical abuse
  • Responding quickly to complaints of abuse

At Garcia & Artigliere, our New Orleans physical abuse lawyers are skilled at holding the people and businesses responsible for the physical abuse of the elderly accountable. In one case, we obtained a $38.6 million settlement. The settlement is considered to be the largest Elder Abuse and Dependent Adult Civil Protection Act settlement (EADACPA) in California history.

What is the value of a physical abuse of the elderly claim in Louisiana?

At Garcia & Artigliere, our New Orleans elder abuse lawyers have helped thousands of elderly clients who have been abused or neglected obtain strong recoveries. We demand compensation for your loved one’s:

  • Current and future medical bills of any nature
  • Lost income if the senior was working when the assault occurred
  • The daily physical pain and emotional suffering of the senior
  • The senior’s loss of quality of life
  • The loss of function of any body part

Physical abuse is intolerable. Caretakers need to prioritize the prevention of any harm to the elderly. Our attorneys often seek punitive damages against the wrongdoers. Punitive damages send a message to the wrongdoers and help provide additional compensation to the victim.

If physical abuse in or outside of a nursing home caused a loved one to die, our New Orleans physical abuse lawyers file a wrongful death claim on behalf of the senior’s family.

How soon should an elderly abuse claim in Louisiana be filed?

Don’t wait. The abuse needs to stop now, especially because if your loved one is being abused, other people in the care of the caregiver may also be suffering abuse. Physical abuse should be reported – to the police, to the state ombudsman if the abuse happened in a Louisiana nursing home, to the Louisiana Aging and Adult Services department, and to our respected New Orleans physical abuse lawyers.

The statute of limitations for filing a physical abuse action vary. There are criminal and civil time limits. The time limits may vary depending on what happened and whether your loved one died from the physical assault. The best course of action is to contact us immediately.

Our New Orleans elderly abuse lawyers will answer all your questions, explain your rights, discuss who needs to be notified and how, investigate the abuse, determine who is responsible for the abuse, and encourage your loved one to come forward.

Do you have a physical abuse of the elderly lawyer near me?

At Garcia & Artigliere, our New Orleans physical abuse of the elder abuse attorneys are relentless advocates for seniors and families when physical abuse occurs. We fight aggressively to hold all responsible parties accountable. We’ll guide you through each step of the claims process.

Speak with the Louisiana elder abuse attorneys at Garcia & Artigliere today

The elderly in New Orleans have earned the right to live the rest of their lives free from any type of physical harm. When seniors are assaulted, their trust and spirit are destroyed. For many seniors, the emotional trauma of a physical assault is just as harmful as the physical pain because of the fear the assault may occur again.

At Garcia & Artigliere, our New Orleans physical abuse of the elderly lawyers have 150+ years of experience fighting for the elderly.  To assert your rights, call or contact our offices today to schedule a free, case evaluation. Our lawyers represent the elderly across the United States, and maintain additional offices in Los Angeles, Long Beach, Louisville, and Phoenix. We will only receive compensation if your claim is successful.

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