Attorneys Fighting Against Nursing Home Abuse

The Reality Of Nursing Home Abuse

nursing home abuse lawyersChoosing a care facility for loved ones as they age is always a difficult decision. When elders are no longer able to take care of themselves, families must find a solution to make sure they get the attention and medical care they need. For many, the answer is a nursing home. At their best, nursing homes provide their residents with a balance of care and dignity, and treat them with the kindness, compassion and respect they deserve.

Sometimes, unfortunately, nursing home professionals are neglectful and even abusive of residents. In 2000, one survey found that a shocking 44 percent of nursing home residents reported having been neglected or abused. As a family member, it’s extremely painful to find out that a loved one has been neglected or abused in a nursing home. Trust has been violated, and a loved one has been harmed.


The Importance Of Hiring A Good Nursing Home Abuse Attorney

Taking legal action for a loved one can help stop the problem. Family members who don’t take action will oftentimes notice that the abuse doesn’t go away. Our nursing injury attorneys specialize in elderly injury/abuse cases. Our lawyers not only care that your elderly loved one receives compensation, but we care to defend and stand up for what is wrong. Nursing homes are extremely profitable businesses, and they’re expensive, and much trust is placed in them. If that trust is broken, let our attorneys help. Nursing homes will hire well experienced legal teams to defend themselves, that’s why it’s crucial you hire our experienced firm. Watch this short story and be sure to call us, we really do have some of the best nursing home attorneys around!


The Many Forms Of Elder Abuse

Elders make up a particularly vulnerable population. Many have physical or mental disabilities, and some feel too isolated to advocate for themselves. Generally, elder abuse is considered to be any intentional action by someone in a relationship of trust with an elder that harms, or creates a serious risk of harm, to that elder. Behaviors that are abusive include (but are not limited to):

Physical Abuse
This includes hitting and beating residents, as well as inappropriate physical restraints, force feeding, and physical punishment of any kind.

Sexual Abuse 
Any nonconsensual sexual contact with an elder is unacceptable. Though it seems unthinkable, there have been cases of nursing home attendants molesting residents.

Emotional, Psychological And Verbal Abuse 
Though often subtle, this common form of abuse is just as harmful as the others. Any intentional infliction of anguish or emotional pain is abusive. This may include verbal assaults, humiliation, threats, isolation, the “silent treatment,” and harassment.

Financial Exploitation
Since residents often have reduced mental capacities, they are vulnerable to manipulation by nursing care professionals, who may cash checks without permission, forge signatures, steal possessions, or coerce residents into financial transactions that are not in residents’ best interests.

Neglect 
This occurs when a nursing home professional doesn’t fulfill his or her obligations to a resident. Nursing home residents have rights to such essentials as shelter, proper nutrition, hydration, safe and sanitary living conditions, and medical treatment. It is neglectful to deprive elders of these necessities.

Abandonment
This simply means deserting an elder either within the facility itself, or in another location. This is especially dangerous for elders who suffer from Alzheimer’s or other cognitive diseases, who may come to harm, and wander off or become confused or agitated when unsupervised.


Symptoms Of Abuse

First and foremost, it’s important to take an elder’s report of abuse and neglect seriously. If a resident tells you that he or she is being abused at a nursing home, it is crucial that you take action immediately by reporting the abuse to the facility management and authorities. Also watch out for the other less obvious signs of abuse and neglect of your loved one, such as:

  • Bruises, open wounds or signs of having been restrained
  • Emotional distress
  • Acting withdrawn and uncommunicative
  • Dehydration or malnutrition, including sudden weight loss
  • Untreated health problems, including bedsores
  • Poor personal hygiene
  • Sudden withdrawals from a bank account, or unexplained transfer of funds
  • Sudden changes to a loved one’s will

If you visit your loved one in the nursing care home, watch out for “red-flag” conditions with regard to the facility and its employees:

  • Inadequate heating or lack of running water
  • Unsanitary or dangerous conditions (soiled bedding, uncleanliness, fire hazards, etc.)
  • The unwillingness of care providers to let you see your loved one privately

If any of these things have happened to anyone you know, call us at (318) 561-2500, our elder abuse attorney will get started on your case.

Senior Living Home


FAQs About Nursing Home Abuse Legal Cases

Question: What rights does a resident of a Louisiana nursing home have?

Answer
:The Louisiana Nursing Home Bill of Rights outlines 22 legally protected rights. These cover civil liberties, freedom from abuse, dignified living conditions, and other protections.

Question: If I suspect abuse or neglect in a licensed nursing home in Louisiana, what immediate action can I take?

Answer:
 You should report instances of abuse or neglect to the Health Standards Section, which investigates facilities that are licensed by the Department of Health and Hospitals.

Question: Does abuse and neglect in a nursing home ever result in a medical malpractice case?

Answer: 
Sometimes that is the case. Medical malpractice is more difficult to prove than neglect, although both lead to negative health outcomes. An experienced attorney will determine how best to approach a case of inadequate medical attention in a care facility.

Question: What kind of damages may be awarded in nursing home abuse cases?

Answer:
 Damages may be awarded for medical expenses, costs of living associated with resulting disabilities, pain and suffering, disfigurement, and in some cases, punitive damages.

Question: Why is abuse and neglect so common in nursing homes?

Answer:
 Often, nursing homes are overly profit-driven. In cutting costs, they may also violate nursing home regulations. Overworked or under-qualified employees can also lead to neglect, as can bad management or malicious individual employees.


The Importance Of Hiring Experienced Attorneys For Nursing Home Abuse Cases

These days, many nursing home facilities are for-profit institutions run by national corporations. Neglect and abuse may occur as the result of putting profit ahead of residents’ needs. These corporations also have access to top litigation teams to defend against claims of abuse. That’s why if you do suspect neglect or abuse, you need an experienced attorney on your side.

At Neblett, Beard and Arsenault, we know how to tackle nursing home abuse and neglect. Many cases ultimately settle out of court, but we treat every case as one that may end in a trial. Whatever the final course of action turns out to be, we work hard to pursue justice on behalf of your loved one. We thoroughly investigate the nursing home abuse or neglect, document exactly what occurred, and determine which parties can be held liable for the abuse or neglect. We work with clients throughout the state of Louisiana.

Contact us to schedule a free initial consultation at (318) 561-2500.

Elder Abuse Attorney

Our Areas of Practice

Louisiana injured accident victims have rights, and the attorneys of Neblett, Beard, and Arsenault want to help fight for them. Our attorneys understand that serious accident injuries can have a long-lasting impact on your life, and we will work hard to help you obtain compensation for your medical costs, property damage, lost time at work, and pain and suffering.
Personal injury cases can arise from a wide variety of accidents and other situations. Car accidents, truck accidents, slip and falls, exposure to toxic substances, and more are all avoidable circumstances that can lead to the unnecessary injury to a victim. Often, victims suffer serious injuries that leave them facing a difficult recovery or even a permanent disability. When that happens, victims should be able to focus on their health and recovery, not the complex and often frustrating details of a legal case.
When you are injured or become ill because of a dangerous drug, defective medical device, or a toxic consumer product, you are very likely not the only person to suffer. When a product harms a large number of people, a court may determine that the case can be filed as a mass tort action, which saves time, effort, and money for each individual plaintiff. Our mass tort attorneys are prepared to take on major manufacturers to get you the compensation you deserve.

Why Neblett, Beard & Arsenault Is Your Best Choice

You have a lot of choices when it comes to personal injury attorneys in the South Central U.S., so why choose us? Our results speak for themselves. Through our commitment and dedication, we are able to negotiate maximum settlements for our clients and we take pride in holding negligent parties responsible for the injuries they have caused. At Neblett, Beard & Arsenault, you can expect:

  • Experience in all areas of injury law. Our team of 16 attorneys has handled every type of personal injury claim—from motor vehicle accidents to nursing home abuse—and we will match our experience to your specific case. You can rest assured that we understand the best approach for your unique claim and we will pull out all the stops to fight for you.
  • Commitment to clients. We value each and every one of our clients as an individual and our entire team—from our friendly receptionist to our highly skilled attorneys—will treat you with the dignity and respect you deserve. You will always feel like you are our top priority and we will see your case through to the end.
  • Maximum results. Our many years of experience and knowledge of the law allow us to evaluate the strength of your case and adopt the best strategy to pursue the maximum settlement available. If more than one party may be held responsible for your injuries, we will file multiple claims to make sure you get every penny you are owed to help you recover and support your family.

While our large staff and comprehensive services offer the advantages of a big law firm, our personalized service and individual attention give our clients the feeling of a small town family firm. With Neblett, Beard & Arsenault, you get the best of both worlds!

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