Nursing Home Neglect & Abuse Attorney in Louisiana

Deciding to put a loved one or family member in a nursing home or residential care facility is an incredibly difficult but necessary choice many make every year. The next step, finding a suitable home, can be even more challenging as families rightfully wish their elders to go to a place with a trustworthy staff that provides the utmost attention and best care possible. While most nursing homes successfully fulfill the duties and expectations set by these families, some are still prone to negligent and abusive practices. 

Unfortunately, elder abuse runs rampant, as approximately “1 in 6 people who are 60 years or older experienced some form of abuse in community settings” and “2 in 3 staff report that they have committed abuse in the past year,” according to the World Health Organization. Of course, no family expects their elder to be a part of this statistic, but the dismal reality is that it happens every day, and anyone can be a victim. If you have a hunch that a senior family member suffers from neglect at a nursing home, do not hesitate to contact a Louisiana personal injury lawyer.

What Are the Types of Elder Abuse?

From overt to discreet transgressions, elder abuse can take many forms. According to the National Center on Elder Abuse (NCEA), seven distinct types commonly occur in nursing homes. Ranging from physical to mental and beyond, some of the poor behavioral actions taken are harmful to residents. 

• Physical Abuse: punching, kicking, rough restraining, pushing, or shoving 
• Emotional and Psychological Abuse: insulting, isolating, or threatening controlling of a patient
• Medical Malpractice: failing to administer medications, administering the wrong dose, or administering the wrong medication entirely
• Abandonment: leaving resident unsupervised
• Sexual Abuse: bruising around the genital area, spreading of venereal diseases and infections, and more
• Financial Exploitation: forging signatures for unauthorized purchases, withdrawing funds without authorization, transferring funds, theft, and more

Common Nursing Home Neglect Injuries 

Nursing home neglect is a broader classification that describes various abusive actions. Examples of neglect include failing to report injuries, not accommodating residents’ needs, not listening to concerns or complaints, and any other behavior that fails to meet the requirements set forth by the assisted living facility. Evidence of neglect is often apparent through the appearance of unexplainable injuries, some of which include 

• Slip and Fall injuries 
• Pressure Sores
• Malnutrition
• Dehydration

While most facilities provide exemplary care and a safe environment, inadequately trained staff, poor communication, and blatant negligence can lead to wrongful death in the worst-case scenarios. 

Five Signs You Need an Elder Abuse Attorney

The responsibility lies on assisted living facilities to create a safe environment, which makes any malpractice intolerable as it is their job to care for their residents properly. The key to preventing and stopping abuse in nursing homes is to stay aware and be observant as possible. If you want to know how to look out for abuse or suspect your elderly loved one might be experiencing it, here are some things to look out for:

• You notice a behavioral or mood change from a loved one currently residing at a nursing home, including a drastic change in mood, newly formed depression, and anxiety.
• You notice apparent signs of neglect or errors in care like an unlivable and unkempt living space and unreported injuries. 
• Accidental and unexplained injuries appear like bed sores and bruises. 
• Your loved one requires medical attention for an injury.  
• Medical bills for injuries your elder sustained while in a nursing home

No one should have to worry about the well-being of their parents, grandparents, or any other family members who reside at an assisted living facility. Seek legal support from a personal injury attorney immediately if you suspect or notice any signs of abuse and neglect. A nursing home and elderly abuse attorney can assist you in gathering evidence for your case. 

Nursing Home Injury Laws in Louisiana 

There are laws set in place to protect elderly victims from abuse and compensate for any emotional or physical trauma that they suffer at the hands of a careless or malicious worker. Therefore, it is crucial to have a basic understanding of Louisiana’s nursing home injury laws if you think you could potentially have a case. 

Reporting Elder Abuse

Failure to act in accordance with the Abuse and Neglect of Adults Act by not reporting elder abuse and nursing home neglect is a misdemeanor. In addition, the person liable may be fined $500 and face up to six months of jail time. This law applies to family, visitors, and any staff at the assisted living facility. If you suspect a loved one is being neglected or abused in their assisted living facility, report your concerns to Elderly Protective Services as soon as possible. 

How Long Do I Have to File a Negligence Claim?

After discovering a sign of abuse and neglect, you will have one year from that date to file a negligence claim. This short time frame does not offer much allowance to sort out matters, so it is imperative to reach out to a lawyer as soon as possible. 

Statute of Limitation Changes in Louisiana:

Recent changes in Louisiana law have extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024 will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1-year for injuries sustained before July 1, 2024.
• 2-years for injuries suffered after July 1, 2024.

The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

Contact a Nursing Home Abuse Lawyer in Louisiana 

If your loved one is currently experiencing neglect and abuse in a nursing home or had in the past, schedule a free consultation with the nursing home abuse lawyers at Gordon McKernan Injury Attorneys by calling 888.501.7888. Dedicating years of service to families of the elderly all over the state of Louisiana, Gordon McKernan Injury Attorneys are confident that we can offer the guidance you need through difficult times. Alongside you, we want to speak up for your elders who may have gone through unfathomable mistreatment and deliver well-owed compensation.