Deciding to place a family member in a Louisiana nursing home is often a difficult and emotional choice. When a loved one in a nursing home suffers harm because of negligence, families may feel angry and unsure of where they can turn for help.
If your loved one suffered harm because of nursing home abuse or neglect, you may be eligible to seek compensation for your damages from the at-fault party. However, proving these claims can be extremely challenging without the help of an attorney who understands nursing home abuse and neglect cases.
At Galloway Jefcoat, we are dedicated to holding individual caregivers and nursing home facilities accountable for the harm they cause dependent adults in their care. Our firm has been representing the injured in Louisiana for more than 25 years. During that time, we have recovered millions in compensation on behalf of our clients.
Founding partner and attorney Rusty Galloway is an active member of the Louisiana Bar Association. He has personally managed thousands of personal injury cases.
Galloway Jefcoat. Turning Wrong Into Right. Call today:
337-984-8020.
How Do I Know If I Have a Valid Nursing Home Abuse Case?
Every nursing home abuse case is different, which is why you will need to discuss the specifics of your situation with one of our knowledgeable attorneys. This conversation is something you can do during the free legal case review we offer.
To fully assess whether you may be eligible to file for compensation on behalf of your loved one, we will need to get some more information. Specifically, we will need to know more about:
- The specific incidents that resulted in your loved one suffering harm
- The injuries sustained by your family member as a result
- More details about the caregiver or facility, including whether they have a prior history of abuse or neglect
- The daily/consistent staffing conditions – for instance, if the facility is always understaffed
- Medical records that support the injuries your loved one suffered
- Granny cam footage, if available (nursing homes must be notified of these devices)
- Your own notes of injuries, illnesses or other incidents that caused your loved one harm
- How your loved one has changed since suspected abuse or neglect occurred
- Any other details that could help your attorney to understand the situation
- The general condition of your loved one’s living environment, as well as their physical appearance
What Could My Nursing Home Abuse Case Be Worth?
It is not possible to give you an estimated value of your claim without knowing more about the incident. Additionally, the value of your claim will largely be based on the extent and severity of your family member’s injuries, among other factors.
If you have a valid case, however, you may be eligible to seek compensation for multiple damages, including:
- Diagnostic testing
- Emergency transportation to the hospital
- Hospital stays
- Medical costs related to your loved one’s injuries
- Any surgical intervention that is required
- Physical therapy or rehabilitation your loved one may need
- Prescription medication
- Pain and suffering damages
- Emotional distress
- Depression
- Anxiety
- And more
Contact our law offices at 337-984-8020 24/7 to request your FREE case review.
Who May Be Liable for My Nursing Home Abuse or Neglect Damages?
In a nursing home abuse or neglect case, there may be multiple parties who can be held liable for the damages you or your loved one suffered. Nursing homes and other long-term care facilities owe a duty of care to the residents in their care. They also owe a legal duty to the families who entrusted them with their loved ones’ care.
If you have a valid Louisiana nursing home abuse case and we represent you, we will investigate the situation thoroughly. Liable parties in a case of nursing home abuse or neglect could include:
- Facility caregivers, which could include certified nursing assistants (CNA)
- Staff nurses
- Physicians or physician assistants
- Nursing home administrators
- Third parties who have access to the facility
- Visitors who enter the facility
Why Does Nursing Home Abuse and Neglect Happen?
America’s nursing home system has long been broken. Nursing home abuse and neglect are often the result of:
- Inadequate security at the nursing home, assisted living or other long-term care facility
- Negligent hiring, such as if a nursing home fails to conduct an adequate background check
- Insufficient training of staff – nursing homes can be liable for failing to train caregivers and other facility staff
- Understaffing is a chronic problem at many long-term care facilities
- Failing to adequately protect residents in their care from serious harm
- Failing to properly supervise caregivers and other direct care staff
If you suspect nursing home abuse or neglect, we strongly recommend seeking legal help. We are prepared to fight on your behalf to hold at-fault parties accountable for their actions.
Call Galloway Jefcoat 24/7 to request a free, no-risk consultation.
What Are Your Loved One’s Rights At a Nursing Home?
Every nursing home resident in Louisiana is granted certain rights under federal and state law. Generally, speaking, every resident has the right to:
- Self-determination
- A dignified existence
- Communication with other people and entities inside and outside the facility
There are also more specific rights regarding medical treatment, informing residents of rules and regulations at a nursing home, control over finances, privacy and confidentiality, and the airing of grievances. For example, residents have the right to:
- Refuse medical treatment
- Close doors to their room
- Privacy during personal hygiene activities like bathing and toileting
- Have visitors
- Retain and use personal property
- Participate in social activities at the facility
- Live free from restraints and abuse (verbal, sexual, physical or mental abuse), corporal punishment, involuntary seclusion, or physical or chemical restraints
- And much more
Violations of your loved one’s rights, especially the right to be free from abuse or restraints, could be considered nursing home negligence or abuse. Learn more about residents’ rights in the Louisiana Department of Health and Hospitals helpful guide.
What Symptoms Could Indicate Nursing Home Abuse or Neglect?
Becoming aware of nursing home abuse or neglect symptoms is not easy. Residents who have been traumatized in some way may be intimidated into silence. Even if they try to speak, these individuals may have other mental or physical conditions that make it hard for them to communicate.
There are multiple types of nursing home abuse, and the symptoms for each may be different.
Physical Abuse
Physical abuse can be a slap to the face or much more. Some perpetrators may significantly harm a resident by slapping, kicking, punching or shoving. Some warning signs of physical abuse to watch for may include:
- Unexplained scratches, cuts and lacerations
- Frequent and severe bruising (which may often be covered up)
- Sprains, strains and other soft-tissue injuries
- Head injuries, such as traumatic brain injuries (TBIs), hematomas or concussions
Emotional Abuse
Sometimes caregivers may take advantage of vulnerable and frail adult dependents. They may verbally bully, intimidate or publicly humiliate a resident. Sometimes they may even socially isolate a resident from everyone else. Residents suffering from emotional abuse may:
- Show signs of depression
- Exhibit emotional withdrawal
- Stop speaking
- Develop a loss of appetite
- Be unwilling to socialize with others
- Exhibit atypical behaviors, such as rocking their body back and forth, sucking their thumb and mumbling random things
Sexual Abuse
There is nothing more invasive, damaging or heinous than the sexual abuse of a nursing home resident. Forcing anyone to engage in a non-consensual sexual act can cause permanent psychological damage, physical distress and deep emotional pain and fear.
Types of sexual abuse may include any of the following:
- Touching intimate areas without the resident’s permission or consent
- Forcing the resident to engage in sexual contact, such as oral sex, anal sex or rape
- Making a resident take off his or her clothes
- Forcing a resident to watch pornographic films
- Take sexually explicit photos and videos of the resident in intimate or compromising situations, such as bathing, toileting, dressing or other private activities.
- Distributing photos and other media of a resident engaged in forced intimate acts online
If a resident is a victim of sexual abuse, you may see blood on the sheets and torn clothing. These victims may suffer pelvic injuries or develop recurring urinary tract infections (UTIs). Many sexually abused victims may be unable to speak or may atypically withdraw from everyone. Sometimes residents may be in pain and have trouble sitting or walking without noticeable pain.
Nursing Home Neglect
When residents have been a victim of neglect, they may suffer from:
- Bedsores, UTIs, gangrene or sepsis due to being ignored and not receiving proper care
- Suffer from falls due to not getting assistance with transferring in and out of bed
- Trip or slip and fall injuries from spills not being cleaned up or objects being left on the floor
- Dirty unkempt appearance and poor hygiene
- An unclean living environment
- Medication errors
- Being dehydrated or suffering from malnutrition
Nursing home residents often suffer from other medical conditions, and they are also frail. Sometimes being on medication, like blood thinners, can cause them serious, even fatal harm if they fall. If a resident has a UTI or bedsores, he or she can become septic, which is often fatal.
How Can an Attorney Help Me With My Nursing Home Abuse Case?
Establishing a valid case of nursing home abuse or neglect is extremely challenging. Having an attorney on your side who understands the legal process and the evidence that is needed to prove your case could greatly benefit you and your claim.
At Galloway Jefcoat, we are prepared to help you by:
- Fully investigating the incident or incidents that caused your loved one harm
- Gathering the medical records, photos, eyewitness accounts and other evidence you need
- Dealing with nursing home residents, facility staff and other third parties
- Identifying all sources and parties who may share liability for the damages your loved one suffered
- Helping you to report a potential case of nursing home abuse or neglect to the right people; Louisiana’s Department of Health, Health Standards Section investigates nursing home abuse complaints involving licensed care providers
- Negotiating a settlement that fully accounts for the medical costs, pain and suffering and other damages to your loved one
- Being prepared to go to trial if a settlement cannot be reached
Call Our Louisiana Nursing Home Abuse Lawyers for Legal Help
If you suspect a loved one or family member has suffered neglect or abuse in his or her nursing home, we strongly recommend you seek legal help immediately.
Galloway Jefcoat is dedicated to helping dependent adults and their families hold at-fault nursing homes and caregivers accountable for their acts of negligence or abuse.
Our legal team has extensive experience helping the injured throughout Louisiana. We offer a free case review to determine your legal options, and if you choose our firm to represent you, there are no upfront costs to pay.
We accept nursing home abuse and neglect cases on contingency. This means no out-of-pocket costs for you, and we only get paid our fees if you get paid.
Experienced Attorneys. Turning Wrong Into Right.
337-984-8020
Lafayette Parish