Entrusting a loved one to a nursing home is often hard but necessary, especially if you cannot adequately care for them yourself. While most facilities do provide good care and service to the elderly and adults with disabilities, some fall short. The harsh reality is that many nursing home residents across the country become victims of abuse each year, including those in New Orleans, Louisiana. Negligent hiring and training practices, understaffing, and inadequate care leads to resident mistreatment and the deterioration of facility conditions.
When you choose a new home for your loved one, you expect them to be well-cared for. However, if they were mistreated, a New Orleans nursing home abuse lawyer can investigate and explain your available legal options. Contact Ben Crump Law, PLLC today by calling us at (800) 712-9119 for a free consultation.
Do Not Let Nursing Home Abuse Go Unreported
If nursing home administrators and staff do not inform state authorities about your loved one’s injuries or a facility’s abusive practices, it may be up to you to file a report. Not only will you help other families become aware of a potential problem in the nursing home, but you may also be able to bring the abusers to justice.
Abuse in a nursing facility can come in many forms, according to the National Adult Protective Services Association (NAPSA), leading to injuries. Be on the lookout for signs of physical, emotional, financial, and sexual abuse. As soon as you sense that there is something not right with your loved one, it would be prudent to take swift action to ensure their safety. You may be the only one who can give them a voice and protect them from further harm. A lawyer can listen to your concerns and help you build a case against those responsible for your loved one’s suffering and losses.
For a free legal consultation with a nursing home abuse lawyer serving New Orleans, call 800-712-9119
Reporting Elder Abuse Is Mandatory
Every state has its own definition of elder abuse, and in Louisiana, it generally covers the exploitation, abandonment, isolation, extortion of possessions, and sexual abuse of adults 60 years of age and older. Under Louisiana law, caregivers are prohibited from abusing and neglecting their senior clients. Although the state-administered Elderly Protective Services (EPS) program can investigate suspected abuse cases, it does not handle incidents of mistreatment in nursing homes.
Reach out to a lawyer to discuss your concerns about the possible abuse of your loved one. For life-threatening situations, you should call 911 immediately.
The Louisiana State Legislature also requires individuals who know about elder abuse to file a report with the appropriate agencies. Anyone who fails to do so may face harsh penalties, including a fine and prison time. Additionally, it is also illegal for anyone to retaliate against those who do make a report about elder abuse.
Adult protective services caseworkers also receive statutory immunity or protection from being sued as long as they perform their jobs in good faith. On the other hand, those involved in the abuse do not have immunity from lawsuits even if they file a report.
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You May Be Able to Take Action
The fundamental rights of nursing home residents are violated when abuse takes place. Your loved one has the right to respect, dignity, and quality care, no matter which facility you choose. If a nursing home provides services that are below industry standards, abuse is more likely. You may have grounds to file a lawsuit when your loved one suffers harm.
Unfortunately, the nursing home may downplay abuse incidents or deny liability altogether. In such instances, hire a New Orleans nursing home abuse lawyer who can advise you about your claim’s validity and fight for your loved one’s rights if the facility is truly liable. If you end up losing your loved one because of severe abuse, you still have legal recourse under the law. Call Ben Crump Law, PLLC to learn more about filing a claim and making a recovery.
A Nursing Home Can Be Liable for Abuse
Liability arises when your loved one suffers injuries or dies because of mistreatment. Issues such as understaffing, unqualified employees, inadequate staff training, lack of essential facilities, and breach of resident rights may contribute to abuse.
As you consider taking legal action, try to determine if other residents are also experiencing abuse, as this information could strengthen your case. Take note that you could also sue the facility since it is their responsibility to ensure their residents’ health and safety. Moreover, you may have the right to bring a case if the abuse worsened your loved one’s preexisting health issues.
Nevertheless, liability may be challenging to prove even if you believe you have a valid claim. Your loved one may be unwilling or incapable of speaking up and filing charges. The nursing facility may also present evidence that contradicts your claim.
Regardless of whether you think you have a straightforward claim, you could benefit from the assistance of a lawyer. Keep in mind that you normally have one year from the date of an injury to bring a suit in Louisiana before the court dismisses your case. You should begin building your case early on to avoid losing the opportunity to pursue damages on behalf of your elderly loved one.
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Ben Crump Law, PLLC stands firm in its belief that no family should have to witness their elderly loved one suffering from abuse. A New Orleans nursing home abuse lawyer understands the distress and frustration you are feeling and is prepared to handle the legal process necessary to hold abusers accountable for their actions. Call us today at (800) 712-9119 for a free consultation.