Nursing home abuse and neglect cases are usually separate from medical malpractice cases, though there are instances where both claims are made as part of a lawsuit. The standards of proof in a medical malpractice case are higher than in injury suits, so in most cases, lawsuits against nursing homes cite neglect or abuse rather than arguing medical malpractice. There are exceptions, but from the client’s perspective, there are strong advantages to pursuing a case that is more likely to win, generally of shorter duration, and results in fair compensation for the injuries and losses sustained. Nursing home neglect and abuse cases can result in awards for medical expenses, the costs of living with any disabilities or other long term effects of the abuse or neglect, pain and suffering that you experienced, and sometimes punitive awards meant to penalize the nursing home. If you or your loved one are facing…Read More
Stress fractures are a specific type of bone break that many older people are especially susceptible to as bones weaken with age. In the adult population, stress fractures are especially common among runners, who can develop cracking in the bones of the legs or the feet from overuse. When a person is older, even ordinary activity levels can lead to these painful fractures in bones. Nursing home staff should be trained to monitor for indications that a resident may be suffering with new pains or suddenly limited mobility. Beyond being painful, stress fractures will usually present with swelling in the affected area. If your loved one’s nursing home missed these tell-tale signs of a stress fracture, you should take action right away. Our senior loved ones should never have to suffer pain and immobility while under a nursing home’s care, or any other caregiver who is supposed to help them live…Read More
It’s always a source of concern if there are indications that an elderly relative’s health status is changing, especially when they are in residential care. The first thing to do in situations where your loved one seems to be having greater problems with mobility and falling down is talk to them. Does your relative agree that they are simply falling more often? Ask how the staff in the home has responded to falls, and how quickly. Find out if there are specific activities triggering falls, such as vertigo or lightheadedness when first rising from bed or standing after sitting. You may learn valuable information that can help with the problem in the future, or you may decide that it’s time to see a doctor to make sure nothing serious is going on. More rarely, and more worryingly, you may realize that your relative is experiencing neglect or abuse by nursing home…Read More
Louisiana law includes a Nursing Home Resident’s Bill of Rights, which protects the liberties and prerogatives of our seniors and others who live in nursing homes in the state. On top of that, the federal Medicare program offers additional assurances when it comes to the rights enjoyed by those living in residential facilities. Under Medicare and Louisiana state law, nursing home residents are protected against abuse, including verbal, sexual, physical, and mental or emotional abuse. Additionally, under Medicare you have rights to be treated with dignity and respect; to be informed, in writing, about the costs and services associated with the home; the right to manage your own money, or appoint a person of your choosing to do so; the right to your personal belongings and your privacy; the right to see your own doctor, be fully informed about any medical conditions and their treatment, and the right to refuse treatment;…Read More
Four Types Of Nursing Home Abuse Louisiana Considers Illegal The Louisiana Department of Health has specific definitions for certain types of illegal conduct that residents in nursing home facilities may be unlawfully subjected to. Specifically, state regulators are concerned about four particular types of conduct, that are generally defined this way: Abuse may be physical, emotional, or sexual. Physical abuse includes contact that produces pain or injury, including hitting, shoving, pulling hair, pinching, and yanking. Emotional abuse can include classic bullying techniques, such as threats, ridicule, keeping a resident isolated from family or other residents, harassment, and intimidation. Sexual abuse is any unwanted sexual activity, whether or not it involves contact or produces injury. Neglect situations are similarly well defined. When a caregiver engages in neglect, obvious signs include withholding the provision of necessary care, including water, food, medication, physical support services, resident safety, cleanliness within the facility, and any other necessity.…Read More
Elder abuse is an unfortunate reality for older Americans, and in New Orleans, some of the most common offenders of elder abuse behaviors are nursing homes. This represents a huge problem for a population that is too often ignored and unable to protect itself from predatory or even physically abusive conduct at the hands of staff in a nursing home, or even policies that are unofficially sanctioned by the home itself. In Louisiana, nursing homes are tightly regulated, and nursing home residents have a host of rights specifically protected by the state’s nursing home Residents’ Bill of Rights. Sadly, these protections are not always respected, which means that family members or residents themselves must stand up to protect themselves and others in nursing home care to enjoy their golden years, free from elder abuse and neglect. An experienced nursing home abuse attorney in New Orleans can help you build a…Read More
The Costs To File A Nursing Home Abuse Lawsuit At The Gertler Law Firm, we work on a contingency fee basis, meaning that you only pay if we collect for you. That means that you can feel secure in contacting us for a free, no-obligation consultation about your or your loved one’s situation, and we will evaluate the facts of your case and help you decide on the best course of action. Because we only get paid if we win a case, you can trust that if we choose to pursue your claims, it’s because we believe in it strongly, and will argue the merits of your case in the most persuasive way possible. We are skilled negotiators who can bring a nursing home or its insurance company to the table and win much better settlements than individuals can usually expect when they wrangle with insurers alone. We are also…Read More
While indications of abuse in a nursing home can be starkly clear, signs of neglect of your loved one in a nursing home may be less obvious. In general, nursing home neglect in New Orleans is defined as a failure to provide appropriate care or supervision of a nursing home resident. Neglect can result in injuries, as when a resident’s request for assistance isn’t answered and they fall trying to help themselves out of bed. Neglect may also manifest in less clear ways, such as a decline in your loved one’s level of hygiene. Other indicators can include a changed health status from underuse of prescription medication, or a general lack of cleanliness or upkeep in the facility itself. Neglect or elder abuse in a nursing home setting is never tolerable, and may just be the first layer of even more significant violations. Take a stand for your loved one, and all residents in…Read More
Louisiana’s Residents’ Bill of Rights reaffirms the basic civil and religious liberties that all Americans enjoy, regardless of their health status or living situation. Additionally, the Residents’ Bill of Rights specifies the right of nursing home residents to access elected officials, state health authorities, and immediate family members. The resident’s right to make autonomous financial decisions, to present grievances, and to be properly cared for are all specified. The Residents’ Bill of Rights isn’t the only resource that protects New Orleans nursing home residents. As a condition of a nursing home’s participation in Medicare, its residents have a right to be free from verbal, physical, mental, or sexual abuse. Nursing homes may not physically or chemically restrain a resident except when such restraint is a treatment for a medical condition. Protecting our loved ones who have moved into nursing homes is critical. If you believe your loved one’s rights are being violated by…Read More
Yes, a nursing home facility in New Orleans can be held liable for damages if a visitor to the home is injured on the premises. This would probably not be pursued as a nursing home abuse or neglect case, but under standard personal injury or negligence rules in state courts. A nursing home that creates unsafe conditions that result in a slip and fall or similar injury would be liable under the same concepts that any other premises would under those circumstances. Personal injury cases are common, and when the injuries result in significant losses, are worth being pursued in court. Injured parties in New Orleans are eligible to recover a variety of expenses, including medical bills and future medical bills, lost wages associated with the incident, compensation for pain and suffering, and in egregious cases, punitive damage awards to punish the nursing home itself. At The Gertler Law Firm, we’ve been helping…Read More
