When you place a loved one in a nursing home, you trust they will receive compassionate care and respect. However, far too often, elderly residents suffer from neglect, mistreatment, or outright abuse at the hands of those meant to care for them. If you suspect your loved one is a victim, you need an aggressive New Orleans nursing home abuse lawyer who will fight to hold guilty parties accountable.
At Daly & Black, P.C., we don’t tolerate elder abuse. Our experienced legal team is committed to advocating for victims and their families, ensuring they receive the justice and compensation they deserve. Call us today for a free consultation.
Recognizing Nursing Home Abuse
Nursing home abuse can take many forms, and recognizing the warning signs is critical. Abuse and neglect can be physical, emotional, sexual, or financial—all of which can cause devastating harm to the elderly.
Signs of nursing home abuse include:
- Unexplained bruises, fractures, or bedsores.
- Sudden changes in mood, withdrawal, or depression.
- Poor hygiene or malnutrition.
- Unusual financial transactions or missing personal items.
- Fearful behavior around nursing home staff.
If you notice any of these signs, take action immediately to protect your loved one’s safety.
What to Do If You Suspect Nursing Home Abuse
When you suspect nursing home abuse, acting swiftly is crucial to preventing further harm.
- Ensure Immediate Safety: If the abuse is life-threatening, remove your loved one and call 911.
- Document the Evidence: Take photos of injuries, keep medical records, and write down observations.
- Report the Abuse: File a complaint with Louisiana’s Elderly Protective Services (EPS) or the Louisiana Department of Health.
- Consult a Nursing Home Abuse Lawyer: Legal representation is essential to protecting your loved one’s rights and seeking compensation.
At Daly & Black, P.C., we guide families through every step of the legal process. Let us help you fight for justice.
Legal Protections for Nursing Home Residents in Louisiana
Louisiana law provides critical legal protections to prevent and address nursing home abuse. These statutes ensure that elderly residents receive proper care and that any signs of neglect or mistreatment are swiftly addressed.
Mandatory Reporting (La. R.S. 14:403.2)
Louisiana law requires healthcare providers, law enforcement officers, and any individual who suspects elder abuse to report it to the appropriate authorities. Failure to report suspected abuse, neglect, or exploitation can result in criminal penalties. This statute ensures that instances of mistreatment are documented and investigated promptly.
Elderly Protective Services Act (La. R.S. 15:1501 – 1511)
The Elderly Protective Services (EPS) Act provides a framework for the state to investigate and intervene in cases of abuse, neglect, or exploitation of individuals aged 60 and older. EPS has the authority to remove residents from dangerous situations and take legal action against abusive caregivers and facilities.
Louisiana Nursing Home Residents’ Bill of Rights (La. R.S. 40:2010.8)
This law guarantees nursing home residents specific rights, including the right to dignity, privacy, proper medical care, and freedom from abuse and neglect. Violations of these rights can lead to legal action against negligent nursing homes and caregivers.
Adult Protective Services (La. R.S. 15:1503)
This law establishes protections for vulnerable adults in nursing homes, including procedures for investigating reports of abuse and neglect. It allows the state to intervene and take corrective action to ensure residents’ safety.
If a nursing home violates any of these legal protections, families have the right to pursue legal action to protect their loved ones and seek justice for their suffering.
Compensation for Nursing Home Abuse Victims
Victims of nursing home abuse and their families have the legal right to seek compensation for the harm suffered due to neglect or mistreatment. Understanding the different types of damages available can help in determining the full extent of recovery.
Medical Expenses
Nursing home abuse can lead to severe injuries that require immediate and long-term medical care. Victims may need hospitalization, physical therapy, psychological counseling, and ongoing treatment for conditions caused by neglect, such as malnutrition, dehydration, or bedsores. Compensation can cover past, present, and future medical expenses to ensure the victim receives proper care.
Pain and Suffering
The emotional and physical toll of nursing home abuse cannot be understated. Victims often experience distress, anxiety, depression, and post-traumatic stress due to their mistreatment. To To add to the burden, physical pain from injuries such as fractures, bruises, and ulcers can severely impact quality of life. Compensation for pain and suffering aims to acknowledge these non-economic damages and provide relief for the victim’s suffering.
Punitive Damages
In cases where the nursing home’s actions were particularly egregious—such as deliberate abuse, chronic neglect, or a pattern of systemic failures—punitive damages may be awarded.
These damages serve to punish the facility for its wrongdoing and deter other nursing homes from engaging in similar misconduct. Courts reserve punitive damages for cases involving extreme negligence or intentional harm, reinforcing the importance of accountability in elder care institutions.
Wrongful Death Compensation
Tragically, some cases of nursing home abuse and neglect result in the untimely death of a resident. When this happens, surviving family members may pursue a wrongful death claim to seek justice for their loved one. Under Louisiana Civil Code Article 2315.2, families can recover damages for:
- Funeral and burial expenses.
- Medical costs incurred prior to the resident’s passing.
- Loss of companionship and emotional distress.
- Loss of financial support the deceased would have provided.
A wrongful death lawsuit not only provides financial relief but also holds nursing homes accountable for fatal negligence, helping to prevent similar tragedies in the future.
Holding negligent nursing homes accountable ensures your loved one gets the care they deserve and helps prevent future abuse in other facilities.
Louisiana Nursing Home Abuse Statistics
Louisiana’s nursing home care quality remains a pressing concern, with recent evaluations highlighting significant challenges. According to America’s Health Rankings, only 16.9% of certified nursing home beds in Louisiana are rated four or five stars, placing the state at the bottom nationally.
Furthermore, a report by the Office of Inspector General (OIG) emphasized the need for improved oversight in Louisiana’s nursing homes. The study identified potential limitations in background check processes for non-licensed employees, underscoring the importance of routine monitoring to ensure resident safety.
These findings underscore the critical need for robust legal advocacy to protect vulnerable residents. If your loved one has suffered due to nursing home abuse or neglect, Daly & Black, P.C. is prepared to fight for justice.
Why Seeking Legal Advice is Crucial
If you suspect that your loved one is suffering from nursing home abuse, seeking legal counsel immediately can make all the difference in stopping the mistreatment and holding the responsible parties accountable.
Nursing homes and their insurance companies are skilled at minimizing liability and may attempt to dismiss or cover up allegations of abuse. Without legal representation, families may struggle to gather the necessary evidence or face intimidation from facility administrators.
A New Orleans nursing home abuse lawyer can ensure that your loved one’s rights are protected by:
- Conducting a thorough investigation to uncover signs of abuse and neglect.
- Holding the facility accountable for violations of state and federal laws.
- Working with medical professionals to assess injuries and determine the extent of harm.
- Filing a lawsuit to seek compensation for medical care, pain and suffering, and punitive damages when appropriate.
Delaying action could allow the abuse to continue. If you suspect your loved one is being mistreated, contact Daly & Black, P.C. today for immediate legal guidance.
The Daly & Black Difference
At Daly & Black, P.C., we are relentless in our pursuit of justice for victims of nursing home abuse. Families trust us because we go ALL IN for our clients, ensuring that negligent facilities and caregivers are held fully accountable for their actions.
Uncompromising Advocacy
We don’t just handle cases—we take on the institutions that prioritize profits over people.
Nursing home corporations and their insurers will do everything in their power to avoid liability, but we fight back with the resources, experience, and tenacity needed to win. Our team is built for high-stakes litigation, and we do not back down until justice is served.
A Reputation Built on Results
With a proven history of securing substantial verdicts and settlements, Daly & Black, P.C. has earned a reputation as one of the toughest litigation firms in the country.
We’ve been nominated four times as Insurance Litigation Firm of the Year and were the 2022 winner—a testament to our ability to take on large corporations and win. When nursing homes fail in their duty to provide proper care, we fight to ensure they pay the price.
Personalized Legal Representation
Every case is different, and every family’s struggle is unique.
We take the time to listen, investigate, and build a tailored legal strategy that aligns with your specific needs. Our attorneys work closely with you every step of the way, ensuring that you remain informed, empowered, and confident in the fight for justice.
We Don’t Settle for Less—We Fight for More
When you hire Daly & Black, P.C., you aren’t just getting a legal team—you’re getting a relentless force that refuses to let negligence go unpunished.
If you need a New Orleans nursing home abuse lawyer who will fight for your loved one’s rights, don’t wait. Contact us today and let us put our experience to work for you.
FAQ
Q: How can I tell if my loved one is experiencing nursing home abuse?
A: Watch for physical injuries, emotional withdrawal, sudden changes in behavior, or malnutrition. Any unexplained issues should be investigated immediately.
Q: What compensation can be recovered in a nursing home abuse lawsuit?
A: Compensation may cover medical bills, emotional distress, and punitive damages in cases of severe neglect or intentional harm.
Q: What should I do if I suspect nursing home abuse in New Orleans?
A: Ensure your loved one’s safety, document the abuse, report it to authorities, and contact a New Orleans nursing home abuse lawyer at Daly & Black, P.C.
Take Action Now—Call Daly & Black, P.C.
Nursing home abuse should never be tolerated. If you suspect mistreatment, don’t wait.
Call Daly & Black, P.C. today for a free consultation and let an experienced New Orleans nursing home abuse lawyer fight for your loved one’s rights.
We proudly serve families throughout New Orleans and Louisiana, providing the aggressive legal representation needed to hold negligent nursing homes accountable.
At Daly & Black, P.C., we are ALL IN. ALL THE TIME. for victims of nursing home abuse.