St. Tammany Parish Nursing Home Abuse Lawyer
The decision to move an elderly loved one into a nursing home is never an easy one to make, especially given the horror stories you may have heard about the abuse or neglect that occurs in some of these facilities. Unfortunately, those stories are far from fictional, and if your loved one has fallen victim to such mistreatment, prompt legal action may be crucial to protect them and other residents.
Any suspicion of abuse or neglect in an assisted living facility is reason enough to talk to a personal injury attorney, and confirmation of such mistreatment demands immediate and drastic action. If you need help keeping yourself or your loved one safe from maltreatment in a nursing home, get in touch with a St. Tammany Parish nursing home abuse lawyer sooner rather than later.
The Forms Abuse and Neglect May Take
While it can lead to disastrous outcomes for residents, neglect in nursing homes often stems from understaffing or a lack of training rather than intentional malice. A nursing home resident left unsupervised for long periods of time or cared for by someone without appropriate knowledge or experience could suffer from bedsores, malnutrition, dehydration, and physical injuries from falls or wandering off nursing home property.
By contrast, abuse is typically a deliberate aggressive act. A staff member may strike a resident, improperly use physical or chemical restraints, torment or intimidate them verbally, or even take advantage of them sexually or financially. As per Louisiana Civil Code Article §14:403.2, any physical or mental injury inflicted in a nursing home may be defined as abuse and constitute a misdemeanor offense under state law.
Regardless of the specific form of mistreatment a nursing home resident endures, a St. Tammany Parish nursing home abuse attorney could help file suit against the person responsible for that treatment. Depending on the circumstances, this could be a singular staff member, an attending medical professional, a facility supervisor, or even the administrators of the entire nursing home or facility network.
Reporting and Compensating for Nursing Home Maltreatment
Among other provisions, the Abuse and Neglect of Adults Act makes it a misdemeanor offense in Louisiana to willfully fail to report a known instance of elder abuse in a nursing home. The Act also criminalizes an assisted care facility or nursing home’s administration from retaliating in any way against someone who reports such maltreatment.
Beyond any criminal penalties that may be applicable, a nursing home mistreatment lawyer in St. Tammany Parish could help injured residents or their family seek civil recovery for damages stemming from abuse or neglect they experienced. Recoverable losses may include additional medical expenses needed to treat the consequences of neglect or abuse, pain and suffering, loss of consortium with family, and loss of enjoyment of life.
However, state law restricts recovery in nursing home negligence cases to a maximum of $500,000, not allowing any expenses related to necessary medical care. Louisiana law dictates a statutory deadline of one year from the date an injury occurs in which to file suit. Both these potential obstacles to recovery make consulting with knowledgeable legal counsel potentially crucial to a positive case resolution.
Discuss Your Next Steps with a Nursing Home Harm Attorney
Finding out your loved one suffered malicious mistreatment in their nursing home is an upsetting experience which necessitates swift action. In order to ensure your loved one is safe and their damages are compensated for, you may need steadfast assistance from a legal professional.
A St. Tammany Parish nursing home abuse lawyer could be your ally every step of the way, from initial reporting of neglect or abuse to recovery of compensation in or out of court. If this abuse happened to your loved one, other senior citizens may be at risk, and a lawsuit may protect those other residents. For more information or to schedule a confidential consultation, call today.