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The choice to put an aging loved one in an assisted living facility is never an easy one. If your relative is being abused or neglected, you may feel helpless and angry over the pain and suffering they have been subjected to. Contact a New Orleans nursing home abuse attorney today to ensure the guilty parties are held accountable for their actions.
If a nursing home is found to have acted negligently in the care of your loved one, there are several different ways they may be found liable.
Nursing home residents are entitled to dignity, autonomy, and respect. If these rights are breached, the nursing home may be liable, and the family has the right to sue for damages.
Nursing homes are required to properly administer any necessary medications to the patient to ensure their continued health and safety. The facility may be responsible if they fail to do so.
In some instances, nursing home staff members don’t receive proper training to for work in the facility. This may mean they provide insufficient care to residents, which can also lead to neglect, injury, or death.
If a nursing home does not have the resources to provide adequate staff for the facility, overworked employees can also feel the effects of increased hours and demands on their work schedule. In turn, residents may receive unacceptable care, or no care at all.
If a member of the facility’s staff is not thoroughly screened for criminal history or past abuse, the home may also be liable for hiring the employee if they neglect or abuse a patient.
Nursing homes are also required to provide residents protection from injury by other residents. A third-party responsibility claim holds the home liable when a patient is injured while in its care by an individual that is not employed by the facility.
When you make the heart-wrenching decision to place your loved one in a nursing home, you have a reasonable expectation that they will receive care and dignified and respectful treatment. Sadly, this is not always the case.
This refers to harm done to the patient’s body. The law doesn’t limit physical abuse to battery, as it also refers to over medication, the use of unnecessary force or restraints, and force feeding. This may include bedsores, bruises, scratches or other types of injuries associated with improper care and abuse.
This type of abuse covers a broad range of behaviors. Mental abuse may come in the form of manipulation, isolation, sarcasm, hurtful language, or insults. This is an extremely damaging type of abuse, as it is not only harmful to the patient’s mental wellbeing and self-esteem, but it can cause the patient to act against their own needs in the interest of placating their cruel caretaker to avoid further abuse.
One of the most disturbing forms of abuse is sexual abuse of the elderly. It can occur when a resident is forced or tricked into a sexual encounter, or when the resident cannot refuse. The resident may be completely unaware of what is taking place or may feel too ashamed to admit the abuse to a trusted person. Unwanted sexual contact can come from a staff member, a caretaker, or another resident. A nursing home abuse attorney can help today.
Financial abuse usually takes the form of misappropriating a patient’s funds. The person in charge of handling the resident’s finances may use the money for their own benefit or use it to pay fraudulent charges from the nursing home. Any financial abuse is grounds for a claim against the nursing home.
Neglect refers to the failure of a senior’s caretaker to provide them with the attention and the care expected from a person in their position. It can cause serious physical and emotional trauma to the patient. The family also has the right to sue after their loved one neglected in an assisted living situation.
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Every family with a loved one in a nursing facility, even a reputable one, should be cognizant of the signs of nursing home abuse. Some of these signs include:
If you suspect that a family member is the victim of nursing home abuse, it is important to take immediate action. You should contact the local Adult Protective Services office, the nursing home administrator, and the nursing home ombudsman as soon as possible.
Additionally, you should document any evidence of abuse, including physical bruises, bedsores, malnourishment, and other signs of neglect. It is also important to contact a lawyer to discuss your legal options.
Nursing home abuse is a somewhat unique area of personal injury law in that perpetrators frequently face criminal charges. A parallel criminal prosecution may complicate or delay your claim, so it’s important to act quickly.
Mike Brandner Law cares about every client, but we are especially passionate about holding accountable those who abuse vulnerable populations. Our firm shows compassion when fighting for the rights of your senior loved one. No family should endure nursing home abuse. If you and your loved ones have suffered, take the first step toward justice today by calling us at (504) 345-1111.
Let us fight for your family and ensure the responsible parties are held accountable for what they’ve done. Call us at (504) 345-1111 for a free, no-obligation case evaluation.
Let us fight for your family and ensure the responsible parties are held accountable for what they’ve done. Call us today for a free, no-obligation case evaluation.
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