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New Orleans Nursing Home Injury Lawyers Handling Resident-on-Resident Abuse Claims
Experienced representation for Louisiana nursing home residents who are harmed by other residents
A large number of residents in any nursing home in New Orleans are likely to have cognitive impairments such as Alzheimer’s or dementia. Some residents may have substance abuse problems. Many residents are likely to have emotional challenges. Nursing homes can’t assume that every resident will treat every other resident with respect and dignity. The nursing home administrators and staff need to anticipate, plan, and monitor the likelihood that some residents may assault or abuse other residents.
At Garcia & Artigliere, our New Orleans nursing home abuse and neglect attorneys represent any nursing home resident who is harmed by another resident. We are skilled at holding the owners, administrators, and staff of nursing homes accountable when they fail to implement common-sense reasonable strategies to prevent residents from hurting other residents. Louisiana nursing homes should assess and monitor the possibility or actuality of a resident-on-resident attack that involves physical harm, threats, and emotional assaults.
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How can we help?
- Why are resident-on-resident attacks so concerning?
- How are resident-on-resident nursing home incidents in New Orleans defined?
- What are the causes of resident-on-resident incidents in New Orleans nursing homes?
- How do your Louisiana lawyers hold nursing homes accountable?
- Do you have a nursing home abuse lawyer near me?
Why are resident-on-resident attacks so concerning?
Resident-on-resident incidents include any physical or psychological activity that would cause another resident physical or emotional harm, including any activity that would be unwelcome. Resident-on-resident abuse happens all too often and is likely very underreported because residents generally don’t like to complain about other residents.
A 2008 study called Resident-to-Resident Aggression in Long-Term Care Settings, found that:
- 9 in 10 nursing aides in long-term care facilities observed resident’s aggressive behavior towards another resident in the prior three months
- 7 in 10 nursing aides observed one resident stealing from another resident
- 4 in 10 nursing aides observed one resident exposing their body parts to another resident
How are resident-on-resident nursing home incidents in New Orleans defined?
Resident-on-resident incidents, according to the National Long-Term Care Ombudsman Resource Center include hostile interactions which include arguments, accusations, disproportionate replies, and attempts at social control; invasion of privacy, roommate problems, physical and verbal attacks that are unprovoked, and inappropriate sexual behavior such as intentional nudity and unwanted sexual advances.
Examples of resident-on-resident incidents, according to the National Long-Term Care Ombudsman Resource Center, include verbal threats, hitting, punching, kicking, biting, cursing, harassment, throwing items, screaming, and destroying personal property.
What are the causes of resident-on-resident incidents in New Orleans nursing homes?
Resident-on-resident abuse often involves one or both residents who have Alzheimer’s, dementia, mental illness, psychiatric problems, and health problems due to medications.
Nursing homes need to ensure that they have enough staff members, that the home is not overcrowded, and that members of the staff are educated about identifying and managing abusive residents.
Some of the injuries that New Orleans victims of resident-on-resident abuse include: falls, broken bones, cuts and bruises, head trauma, and other physical injuries. Residential incidents may also cause depression, anxiety, loneliness, and other types of psychological harm.
How do your Louisiana lawyers hold nursing homes accountable?
At Garcia & Artigliere, our New Orleans elder abuse and neglect lawyers hold nursing homes accountable for resident-on-resident abuse due to the following types of neglect:
- Failing to identify which residents may be a danger to other residents
- Failing to identify and address the reasons a resident might be a danger – such as cognitive impairments, fear, pain, malnutrition, physical disorders, and emotional disorders
- Failing to create a safe space for the residents
- Failing to train the staff members on how to help or monitor abusive residents
- Having too many residents
- Not having enough staff members
- Failing to have a resident-on-resident reporting system that encourages residents to step forward
- Failing to follow federal and Louisiana nursing home laws and rules
The best form of accountability is to file a complaint for damages against the nursing home and against any other responsible people or entities.
At Garcia & Artigliere, we seek full compensation whenever neglect or abuse by another resident causes harm to any New Orleans nursing home resident. We demand compensation for your loved ones:
- Medical costs such as ER care, hospitalizations, physician visits, physical therapy, psychological counseling, and other medical expenses.
- Constant physical pain and emotional suffering
- Loss of quality of life
The elderly need more time for their injuries to heal. Many victims of resident-on-resident attacks live with chronic physical pain and emotional trauma.
Our trial lawyers also file wrongful death claims on behalf of the family members if your loved one died due to a resident-on-resident attack.
Do you have a nursing home abuse lawyer near me?
Garcia & Artigliere represents New Orleans nursing home residents who suffer abuse, assaults, or incidents from other residents. We’ll help your loved one understand his/her rights and assert them through the claims process.
Don’t let your loved one suffer from a resident-on-resident assault in a Louisiana nursing home
Nursing homes in New Orleans know that some of their residents may lash out at other residents. Nursing homes should be prepared to prevent residential incidents through written policies and procedures that explain how to anticipate the abuse and stop the abuse before it happens – and how to respond when it does happen.
At Garcia & Artigliere, our New Orleans nursing home resident-on-resident lawyers have helped thousands of clients obtain justice for injuries and abuse that should have been stopped. To discuss your loved one’s rights, call us or contact us today to schedule a free case evaluation. We maintain additional offices in Long Beach, Los Angeles, New Orleans and Phoenix, and represent seniors across the United States. There are no upfront costs. Our lawyers only receive compensation if your claim is successful.
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