Metairie Nursing Home Abuse Lawyer
Helping Those Hurt by Nursing Home Neglect & Elder Abuse
Thousands of residents in nursing homes and assisted care facilities are abused and neglected each year – often at the hands of the very people tasked with protecting, supervising, and caring for them. Families trust that those responsible for taking care of their elderly loved ones will watch over them, ensuring that they receive the care they need to live dignified, safe, and comfortable lives.
When that trust is broken, innocent nursing home victims can suffer catastrophic harm, along with profound pain, suffering, and emotional injuries that can last lifetimes. If your family member was harmed in a nursing home due to negligence or abuse, you may be entitled to financial compensation for your losses by filing a personal injury or wrongful death claim.
At the Law Office of Ivan J. Thompson, we help victims of negligence and misconduct throughout Jefferson Parish navigate their legal journeys – and fight so that they and their loved ones can heal and recover.
To find out how we can help your family after a nursing home abuse case, call us at (985) 531-1945 or contact us online. Our Metairie nursing home abuse lawyer is ready to review your case and discuss your legal rights and options in a FREE consultation.
What Is Nursing Home Abuse?
Nursing home abuse and neglect can take many forms. From physical violence to emotional trauma to negligent care, abuse can come in various guises, but each situation should be taken seriously.
Personal injury law supports the idea that legal liability should attach whenever someone or some entity harms another person through their wrongdoing. We rely on agencies to help ensure the overall well-being and safety of residents while they reside in fully licensed and certified facilities. When these agencies (and the facilities they are responsible for) fail to provide adequate care, they can be held financially accountable.
Signs of Nursing Home Abuse and Negligence
Reviewing some of the most common signs of nursing home abuse will help you know what to look for and when to initiate further investigation:
Unexplained Injuries
Unexplained bruises, sprains, dislocations, pressure marks, and bedsores can all indicate nursing home abuse. These injuries are generally the unmistakable result of resident-to-resident abuse, insufficient or understaffed supervision, crazy (forcibly moving a resident) or medical malpractice, or medication errors.
Nursing homes are required by both state and federal law to immediately inform physicians and a family of a resident if that resident suffers a care related injury that keeps them from anything that is normal in their daily activities of living. Any injury speaks to this at a minimum.
Changes in Behavior and Personality
Sudden mood changes, withdrawals, and sudden agitation can all point to abuse or neglect. Nursing home patients can regress in the face of shockingly care, becoming uncommunicative and/or show no interest in improving their situation.
Sudden Body Changes
Neglecting basic needs like food, water, comfort, rest, hygiene, and clothing can all have negative effects on a patients health and appearance. Infections, dehydration, sudden weight loss, and other physical manifestations can indicate that the basic care level has significantly slipped recently.
Nursing home administrators create care plans for each resident they care for and then carry out those plans. Ultimately all nursing home care, regardless of the care on the care plan, is simply that nursing home care. When the care in any area of the care plan slips for whatever reason and gets in the way of the needs of the small contingent of bedridden, seriously ill or injured or those suffering from cognitive impairments institutional abuse can occur.
Community and Caregiver Interactions
Abusive behavior like belittling, bullying, and unnecessarily berating the residents under their care is one way for caregivers to control patients and ensure their silence. Making the effort to regularly attend a nursing home community meeting, dine with residents, learn the names of the other patients and caregivers, and express an interest in the ~ workplace can help deter abusive behavior.
Ultimately, nursing home administrators are responsible for creating the working environment and for exercising their duties of care, and residents should be able to trust them administrators for their care. If they witness anything worrisome, make a point to document your concerns and communicate those concerns to managing administration. Loved ones can similarly speak with higher-ups about their concerns.
How to Report Abuse of a Nursing Home Patient or Resident
Nursing home residents, their family members, and others who regularly visit might recognize potential signs of nursing home negligence, patient & resident abuse, or exploitation. It is important to report any concerns as soon as possible. The faster you report nursing home abuse, the sooner it can be stopped and an initial investigation can begin to hold the responsible parties accountable.
Preventing Nursing Home Abuse
Nursing home abuse is pervasive, but there are things you can do to help prevent it. You can stay involved and supportive. Look out for your loved one by examining them for unexplained injuries and asking if they are comfortable there. Ensure that the building is safe and that regular, qualified staff is available. The mere presence of loved ones can often be a powerful deterrent.
Elder Abuse in the US: Does It Happen Here?
If you think that elder abuse in nursing homes is something that only happens in third world countries or in squalid care facilities, then you may be interested in reading what a National center on elder abuse (NCEA) book had to say about the current state of elderly care in the United States:
- Each year in the United States, roughly 2.1 million elderly individuals suffer from nursing home abuse in their home away from home.
- While every state requires nursing homes to report possible abuse quickly, together, these states fail to investigate over ninety percent of the complaints.
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"Five stars all around."From the moment I walked through their doors, I felt reassured and supported. Mr. Thompson and his team demonstrated exceptional professionalism, legal expertise, and a genuine commitment to my case.- D.T.
Negligent Hiring in Nursing Home Cases
Claims in nursing home abuse cases often rely on proving that an employer had knowledge of an employee who had previously operated as an abuser. Employers, like hotel managers for housekeeping staff, and governing boards for nursing homes and similar facilities have a duty of care when it comes to providing safe and nurturing environments for the residents and patients.
Nursing home governing organizations are legally responsible for conducting comprehensive background checks on potential employees, and that includes mandatory checks with the state registry for adult abuse and neglect. In addition, they will often have ready access to references to help determine the degree of responsibility an applicant will likely be able to handle in conditions that are at best trying.
Why, you might wonder why nursing home employers are reluctant to fire employees based on concerns over discriminatory practices that can lead to short staffing and challenges that can make it extremely difficult for staff to deliver adequate patient care. Those administrators will often look the other way because they believe that they cannot hire or keep good help in an already understaffed and poorly paid industry.
Does Hiring a Lawyer Help in Nursing Home Abuse Cases?
Call nursing home abuse lawyer Ivan J. Thompson at (985) 531-1945 to help you GET JUSTICE & level the playing field!
