This is an issue that has been brought up multiple times in past studies. Data shows that many caregivers do not report instances of abuse, both because it’s very hard to speak out and they are scared of being fired or retaliated against.
If you suspect that someone is being abused or neglected in a nursing home, contact our criminal defense attorneys and we will conduct an investigation to determine the validity of your claim and whether or not there is any evidence supporting your claim. They’ll help you take legal action against the facility after they find proof.
Baton Rouge nursing homes are a reflection of how some seniors are treated. Nursing home abuse neglect lawyers in Baton Rouge can help people who did not get the care they need.
Nursing homes have been around in the United States and Canada for decades, with some pre-dating colonization. They are funded by a mix of public private support (based on need) and can be used as the only option for loved ones that are elderly or too ill to live at home. It’s also beneficial for those who require medical attention 24/7.
Nursing homes have changed a lot over the years. They provide a safe, caring, supportive environment for elderly people in most cases. Sadly, this is not always true, with certain facilities failing to meet people’s expectations. Patients in some NHS hospitals may be given abusive treatments or neglected due to a shortage of nurses. This has proven to have a negative impact on their physical and mental health. When humans intentionally misuse or subvert technology, there can be lethal consequences. In the case of the hacked device cited above, it led to the patient’s death that could have been avoided.
If your loved one is mistreated in an nursing facility or their conditions don’t meet the standards, you have the right to seek financial compensation. It would be difficult to go through this process by yourself. If you live in Baton Rouge and have been the victim of abuse from a nursing home, contact Wright & Gray right away.
Slip and falls are the leading cause of nursing home injuries
Sometimes we feel neglected or abused. The results of this can be depression and withdrawal, which make it very hard for a loved one. When you visit someone at home, ask questions about their well-being and account records. Keep your guard up these are warning signs.
What Is Nursing Home Abuse?
Nursing home abuse is also referred to as abuse of the elderly. According to WHO, elder abuse is an intentional act or failure to act by a caregiver or another person in a relationship involving an expectation of trust that causes harm to an adult 60 years and older. Along with around 1 in 6 people 60+ experiencing abuse in 2020, only 1 of that same group said they were abused.
Nursing home abuse is very common in the United States. Data from the Centers for Disease Control and Prevention between 2002 and 2016 showed that over 643,000 older adults were treated in emergency due to a nonfatal assault, over 19,000 homicides occurred. Louisiana is deeply suffering from this problem.
The number of nursing homes in Louisiana that are deficient in essential ways is 14%. Residents in these nursing homes get an average of 32 minutes of medical care every day, which is simply not enough. Furthermore, only 8% of professionals in senior citizens living facilities have a Registered Nurse or higher designation. This is quite discouraging, and it shows that nursing homes in the state are prone to abuse neglect lawsuits.
What Are the Most Common Types of Nursing Home Abuse Cases?
Nursing home abuse and neglect come in different forms. Some of these are listed below.
Medical Neglect
When nursing home staff fail to meet a resident’s needs, it can result in poor care and sometimes even neglect. As a physician, I am obligated to report these omitted medical risk assessments within 24 hours of a possible incident’s occurrence.
- Not administering the correct medication or administering it to the wrong person can be very dangerous. It has been shown that when medications aren’t properly administered, people have a higher risk for more serious conditions sometimes leading to death. They should be administered upon request by your doctor or nurse and under their supervision.
- Improper medical care for a pre-existing medical condition like diabetes or dementia.
- Not regularly moving senior residents with mobility issues, causing bedsores.
- Not reporting signs of infection.
Social/Emotional Abuse
Social interactions can positively impact mental health for elderly patients. However, nursing home workers are not able to prevent senior citizens from mingling, which can have a negative effect on their mental and emotional health. An excellent example of this is segregating seniors that are already vulnerable.
Physical Abuse
Committing physical abuse to elders can have serious consequences. It can leave them with pain, illnesses, injury, functional impairment, distress, or death. Physical abuse includes screaming and hitting residents of nursing homes.
Sexual Abuse
This could involve unwelcome sexual contact or non-contact acts like sexual harassment.
Mental Abuse
This covers the verbal and non-verbal behaviors that cause an older person anguish, fear, mental pain, or distress. For example, this psychological abuse includes humiliating and disrespecting the elderly, harassment, threatening verbally and non-verbally. It also includes geographic isolation.
Neglect
Nursing home neglect is an issue in our society. Failure to provide the basic necessities for residents is a major issue and must be addressed. Food, shelter, hygiene, clothing, water, and medical care are all important aspects that can impact care quality. This is not limited to just nursing homes as neglect applies to any facility providing healthcare services.
Financial Abuse
Financial abuse is the illegal, improper use of a loved one’s money for the benefit of someone other than the elder. Fraud may include stealing money from your loved one, using their credit card without permission, or even using money from their safe deposit box. An employee who commits financial abuse would face criminal charges
What Causes Nursing Home Abuse?
Several factors can lead to substandard care in a living facility, which could cause abuse and neglect. Here are some of the reasons why this might happen:
- Inadequate staffing
- Negligent hiring practices
- Individual resident risk factors
- Outdated training methods and dwindling nursing staff are leading to an increase in patient deaths.
- Underpaid staff
- Poor team management, no supervision and failing to prioritize accountability.
- Individual caregiver issues
What Are the Signs and Symptoms of Nursing Home Abuse and Neglect
When you have to let go of a loved one, you would expect their care to be top-notch. These are some signs and symptoms of abuse that you might notice while supervising a senior in an assisted living facility. It is important to be familiar with such signs and symptoms, so that the conditions can be addressed as soon as they occur.
- Broken bones
- Dehydration
- Bedsores (pressure ulcers/pressure sores)
- Bruises
- Insomnia
- Burns
- Personal hygiene issues
- Malnutrition
- Significant personality changes
- New or untreated medical conditions
- Other unexplained injuries
Has a loved one been injured in a nursing home?
If you have any concerns about an elderly family member or friend in a nursing home, please contact us immediately. Our experienced attorneys will make the necessary investigations to determine if it was appropriate for your loved one to be placed there under the circumstances. Once you find proof, the writer will be able to take legal action for your case.
Can You Sue for Nursing Home Abuse and Neglect in an Baton Rouge?
The Louisiana state legislature passed a bill that protects adults aged 60 or older from physical and emotional abuse inflicted by caretakers. So, if you believe that the eldercare facility your loved one is living in is abusing and neglecting them, the first step should be to notify and cooperate with Elderly Protective Services (EPS).
After filing the report, you can consider filing a nursing home abuse lawsuit against the care facility. If successful, attorney fees of up to $500 per day may be awarded in addition to restitution for compensation. However, winning is no easy feat and it’s wise to consult with an attorney before making a move. First, you need to find a nursing home abuse lawyer and start gathering evidence against the individual or institution.
How Do You Prove Negligence in a Nursing Home?
You need evidence before taking legal action against a residential facility, so you should do the following:
- Whenever you suspect abuse signs, stop the conversation immediately and report it to your local authorities.
- Obtaining the home and records. Taking photographs to depict the unsafe and harmful living conditions.
- Complaints can be filed at the Employment Standards and Practices (EPS) office.Taking witness statements.
- Gathering information on past inspections of the nursing home and record of any citations.
- Hiring an experienced attorney would be a wise decision.
What Is the Role of a Baton Rouge Nursing Home Abuse and Neglect Lawyer?
No one deserves to be subjected to inhumane conditions. If you suspect your loved one is being abused at a nursing home, it’s important you contact a lawyer. You should contact legal aid if they cannot afford an attorney. You’re filing a claim with the attorney who will ask you to provide as much evidence as possible to verify your claims. Once they have enough information, they’ll assist you in taking legal action.
Personal injury or wrongful death lawsuits can be filed for situations where a person has been the victim of abuse from a domestic partner, child, in-law, teacher etc. If there have also been crimes like sexual assault or financial abuse it is best to contact the appropriate authorities for filing the criminal case. You can find a lawyer in many cases, who is able to offer legal advice and represent you in court depending on your situation.
If you are looking for someone to fight for your loved one and get them justice, we’re here to help. Call us today and we’ll see what our team can do for you.
