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Louisiana Nursing Home Neglect

 Nursing Home Neglect Overview

One of the most frequently overlooked problems in today’s society is often found to be nursing home neglect. As nursing home neglect attorneys can attest to, it can take place in any country, state, and town in Louisiana. The problems can range in severity and many people may not notice them, even on multiple occasions of visitation to a nursing home. There are many reasons for this. When older people need to live in an assisted living community in Louisiana such as a nursing home, they may not be able to communicate properly all the time. When something happens to them in the form of neglect or abuse, they may not be able to explain coherently what is happening to them. In other instances, they may even be threatened and told not to say anything to family members or nursing home neglect lawyers. Just like with bullies in school, these older individuals may fear telling someone such as nursing home neglect attorneys may get them in more trouble with the staff, if the nursing home neglect lawyers are unable to get the case heard by a court system.

While nursing home neglect lawyers are responsible for the problems after they are brought into the legal system, it should be a Louisiana community priority to work towards ending nursing home neglect, before the problems have a chance to turn into nursing home neglect lawsuits. While we may not realize it now, many people will eventually need some type of assisted living program later on in life, and the nursing home neglect lawsuits we petition now will prevent further neglect later. What many people may not realize is that the same forms of neglect may be used on them later if not treated now, with or without the aid of nursing home neglect attorneys. We should be focusing on the current problem for other reasons, but some may be more motivated to act, if they understand that the problem could affect them at a time when they, too, may not be able or willing to speak with nursing home neglect lawyers. There are simple and more complex activities and defenses that we can put in place to protect our nursing home residents and ensure safety and comfort to anyone that requires this type of assisted living program. Nursing home neglect lawsuits have often been presented to the court systems to try and halt the issue within specific nursing homes.

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3 . Statistics of Nursing Home Neglect

When it comes to nursing home neglect in Louisiana, there are statistics that need to be considered. Many of the nursing home neglect lawsuits could have been avoided, and nursing home neglect attorneys would not have to present as many cases, if only people were aware of how frequent the problem occurs. What many nursing home neglect lawsuits and nursing home neglect lawyers may not focus on enough is how common this issue really is. By making sure that we are aware of the numbers, it is much easier to limit nursing home neglect lawsuits and the involvement of nursing home neglect attorneys. This is because we would then be able to ensure that nursing home neglect is not being performed in any way. Some of these statistics also involve nursing home abuse as well, so we have to take that into consideration.

Serious abuse is found in approximately one in every 10 nursing home facilities. While 45% of the American public believes, according to one report, that 43% of individuals in a nursing home are worse off than before they entered, 45% would find it completely and entirely unacceptable to be admitted into a nursing home. These are things that may be taken into consideration by nursing home neglect attorneys when they are preparing their nursing home neglect lawsuits. The nursing home neglect lawyers in Louisiana are painfully aware of the fact that the problem is serious and common enough to have resulted in many nursing home neglect lawsuits.

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4 . Court Involvement

When it comes time to present the evidence that the nursing home neglect attorneys have been able to produce, they do so in a Louisiana court of law. The nursing home neglect lawyers file nursing home neglect lawsuits that will force the nursing home to defend itself and its’ actions. Capable nursing home neglect attorneys will have enough evidence and debate experience to make a definitive stance against the nursing homes. There are many things that courts can decide when they are involved in nursing home neglect lawsuits that are not settled out of court. While nursing home neglect attorneys can ask for reparations to be made, it is also possible that the nursing home neglect lawyers can take more drastic measures. In some cases, nursing home neglect lawsuits have ended in the shutdown of a facility, if the nursing home neglect attorneys are able to argue their case strongly enough to warrant this. The court system is aware that nursing home neglect lawsuits are not about money and other trivial matters. Instead, nursing home neglect lawsuits that are presented by nursing home neglect attorneys are based on the need for expression of compassion and care when it comes to basic needs, rights, and the desires of the elderly.

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WHAT IS NURSING HOME NEGLECT

What is Nursing Home Negligence?

I most often get this question when I tell someone I just met that I am a malpractice attorney and file law-suits, on behalf of residents and families, for nursing home negligence.

Well, what exactly is nursing home negligence?

To begin, let us discuss the word “negligence.” Webster’s dictionary states that “negligence” is a noun and is the “failure to act with the prudence that a reasonable person would exercise under the same circumstances. “ Webster also defines negligence as “the trait of neglecting responsibilities and lacking concern.”

 

Webster’s first definition is very similar to the one used by Virginia courts. When you claim a doctor or nurse was negligent, you must prove to the jury their actions or the care they provided “fell below the standard of care.” More simply put, you have to prove that their actions (or failure to act) were not what a reasonable doctor or nurse in Virginia would have done under the same circumstances.

 

In other words, if they were being graded you would have to convince the jury that the doctor or nurse received a D or an F, with C being the “standard of care” grade.  

 

How do nursing homes fail to provide the level of care?

This is the sad part of my job – learning about the many ways that loved ones have been neglected in local nursing homes. In the last two years alone, we have received, tried, settled, or heard about cases which involve the following:

• Elopement – when residents have left the facility alone, unattended, often times wandering away from the nursing home into dangerous situations, like traffic, into parking lots, etc.
• Pressure Ulcers – when residents have not received proper skin care, nutrition, hydration, and turning resulting in large bed sores or pressure ulcers begin to form. These ulcers/sores most often develop on heels and the sacrum (bottom) of elderly residents and can allow infection to directly enter blood stream;
• Resident on Resident Abuse – from physical to sexual assaults, we have seen too many cases where residents have caused harm to other residents;
• Malnutrition – failing to provide proper nutrition and sufficient protein in the resident’s diet;
• Dehydration – failing to provide sufficient water for body and organ systems to work;
• Medication Errors – too much…too little… wrong medication – any way you can imagine mistakes being made, we have seen them;
• Falls – Falls can be from a wheelchair, walker, bed, or while walking. Brittle bones make falls very dangerous and the resulting injuries can be life-threatening. Even one fall can cause permanent injury and or death;
• Bed Rails – it is a little known fact but every year residents get caught in, and strangled by, bed rails;
• Infection Control – in a 110 bed facility with nurses going from room to room, infection can spread like wild fire!
• Failure to Diagnose – You rarely have doctors walking around the nursing home so nurses serve as their eyes and ears… overworked nurses mean we see cases where serious medical conditions have been overlooked by staff, and physicians not notified.
• Staff Abuse – although I have never had a case of outward abuse by a staff person, I know nurses in Virginia have lost licenses for verbally or physically attacking residents.

Conclusion: I don’t believe nursing homes purposefully abuse, mistreat or neglect the residents. However, I do think most employees are over worked, underpaid, and without higher staffing levels and qualified care providers, many of our loved ones in Virginia nursing home may fall victim to nursing home neglect. 


 THIS ARTICLE BROUGHT TO YOU BY LAUREN ELLERMAN, A RECOGNIZED AUTHORITY IN THE U.S ON NURSING HOME NEGLECT & A POWERFUL & SUCCESSFUL LAWYER DEFENDING THE RIGHTS OF OUR MOST VULNERABLE CITIZENS; THE NURSING HOME CONFINED.

6 signs of nursing home neglect

this is a starting point, not an exhaustive list. pay close attention to thew INATTENTION of nursing home staff.

Warning Signs of Nursing Home Abuse & Neglect Many warning signs of nursing home abuse and neglect are overlooked or thought to be a common part of growing old.  Undue pain, abandonment, and premature death should not be part of the nursing home experience.  The following Six Warning Signs could save the life of your parent or prevent serious pain and harm: Weight Loss  Bruises     Falls     Bedsores        Restraints        Staff Inattention Please Note: These six nursing home abuse warning signs are not presented in ranking order.  All six are equally serious and warrant further investigation. If you notice any of these warning signs of nursing home abuse or neglect, please contact us immediately. Weight Loss (Additional information on Nursing Home Weight Loss) Both medication and advanced age’s deadening of senses can affect appetite.  Negligent nursing homes often do not have the staff or the caring spirit needed to make sure their residents receive necessary nutrition and hydration.  Without proper nutrition, the body begins to eat itself in a serious medical condition called “cachexia.”  Additionally, susceptibility to disease increases with malnutrition as does your loved one’s suffering.  If you notice your relative in nursing home care losing weight, especially if other abuse and neglect warning signs are present, don’t wait—contact Consumer Justice Group immediately to begin an investigation.  Bruises (Additional information on Nursing Home Bruises) Families of nursing home residents should demand answers when they see bruises on a loved one’s body.  Bruises (actually pools of blood from broken capillaries) heal slowly in people with poor circulation.  Bruises often occur when a nursing home resident is struck by a member of the nursing home staff or when the resident is allowed to fall.  Any bruise or cut requires both medical attention and an evaluation to determine its cause. Sometimes a bruise may support evidence of sexual abuse. Falls (Additional information on Nursing Home Falls) Serious and/or frequent falls are a definite symptom of nursing home neglect.  It is the legal responsibility of a nursing home to develop a nursing care plan for each nursing home resident to help prevent falls.  Do not let what might seem like minor falls go undocumented, especially as they may lead to major medical expenses.  Nursing home falls can result in lasting injury, sometimes fatal.  Nursing home falls can and should be prevented.  If you suspect your parent or loved one shows symptoms of nursing home neglect, contact the Consumer Justice Group.  Our experienced professionals will analyze cost-free this and other telltale signs of abuse and severe neglect and find a lawyer suited to your specific case if civil action can and should be taken.  Bedsores (Additional information on Nursing Home Bedsores) Bedsores are sometimes called pressure sores or decubitous ulcers.  These sores are caused by poor nutrition and prolonged pressure on the bodies of patients permitted to lie unattended for long periods of time.  Bedsores are painful.  At Stage 1, bedsores appear as painful red inflammations on the skin.  By Stage 4, a bedsore eats through skin and muscle to expose bone.  There is no reason for a properly cared for nursing home resident to suffer this neglect and abuse.  Restraints (Additional information on Nursing Home Restraints) Nursing homes use both physical and chemical restraints on their patients.  Physical restraints involve any method that the individual cannot remove easily and which restricts freedom of movement such as leg restraints, arm restraints, hand mitts, cuffs, wheelchair safety bars, bedrails, and lap pillows.  Abusive nursing homes also restrain your loved ones by tucking their bedsheet so tightly that they cannot move or turn those under their facilitated care into zombies by forcing them to take heavy sedatives to make them more manageable. Staff Inattention (Additional information on Nursing Home Staff Inattention) Nursing homes are businesses, and one way many business owners increase profits is by cutting labor costs.  Many nursing homes are understaffed and nurses and care providers overworked.  When the staff can’t respond in a timely manner, mistakes happen.  Pills are given too often or not at all.  Patient hygiene suffers.  Signs of serious illness are overlooked.  Staff inattention and failure to respond to patients’ requests is the number one complaint filed against nursing homes.  Nursing homes residents need special care.  Do not remain quiet if you feel your loved one is not receiving the attention or not being treated with the dignity by a nursing home.  Speak up.  Contact the Consumer Justice Group to learn what action you can take to get the justice your loved ones deserve.  Lawyers for Change If one or more of these nursing home warnings signs is present in the care of your loved one, contact the Consumer Justice Group immediately before it is too late. No one, regardless of age, should spend their final years in misery. Speak with our qualified nursing home attorneys today. The Nursing Home Abuse & Nursing Home Neglect News is a service of the Consumer Justice Group.

This page is an advertisement of the Consumer Justice Group, LLC. The opinions expressed herein are those of the Consumer Justice Group. The Group is a Washington, DC law firm. This website is not a solicitation for business in any other jurisdiction. The laws of the District of Columbia apply to this website. The information contained herein is not legal advice. All trademarks and copyrights are those of their respective owners.

Nursing Home Neglect Law Suits

How to File a Nursing Home Abuse Complaint If you suspect that an elder or loved one is suffering from nursing home abuse or that the facility is inadequately staffed or maintained, there are several steps you should take. The first is to file a complaint with the state in which you live. State health agencies are required by law to investigate complaints of nursing home abuse. In most jurisdictions, the APS (Adult Protection Services), the Area Agency on Aging, local State Department of Health Licensing or Certification office, or the county Department of Social Services is designated as the agency to receive and investigate allegations of nursing home abuse and neglect. If the investigators find nursing home abuse or neglect, they make arrangements for services to help protect the victim. What to Include in Your Nursing Home Compliant Nursing home abuse complaints do not need to be lengthy or overly complicated. They do need, however, to include all pertinent and relevant information the investigating health agencies need to understand the situation they will be investigating. Nursing home abuse complaints should include your: Name Address Telephone Number Email Address Relationship to the Victim Nursing home abuse complaints should also include: Resident's full legal name and any other names he/she goes by. The condition or medical problems leading to the resident's stay at the nursing home. An outline of the nursing home abuse complaints that describes the circumstances and details of the problem. This should include time and dates of the offense, the name and shift of nursing home staff working at the time, and the names of staff who have spoken to you about the abuse. Copies of any applicable nursing home medical records (i.e. needing to go to the emergency room or hospital). Making copies reduces the chance of the nursing home or hospital staff mysteriously "misplacing" these records. A copy of the autopsy (if the complaint involves the death of an elder). The State Takes Action The state agent handling the nursing home abuse case is supposed to contact the individual who filed the complaint to discuss it in more detail. Many states tell you that they will contact you within a few days of receiving your complaint. The agent is then supposed to make a surprise visit to the facility to investigate the specific nursing home abuse complaint. In the case that the alleged offense is found to be true, the state will take whatever steps they feel is appropriate. Send a Copy to APE Another important step when you send your nursing home abuse complaint into the state is to send a copy of the complaint to the Association for the Protection of the Elderly (APE). These organizations exist in most states and can assist you in making sure the state properly investigates the nursing home abuse complaint. Do note that the state keeps these complaints confidential for the protection of the parties involved. Therefore, if you do not send a copy to APE, it will be extremely difficult for them to help you make sure the state takes the appropriate actions. Lawyers for Change Alerting the state about a specific nursing home abuse offenses does not always bring you the justice that you and your loved ones deserve. Taking legal action is often the quickest and most direct route to obtaining justice for nursing home abuse or neglect. Keep an extra copy of your complaint form(s) to present to your attorney. Click for a free consultation with an experienced nursing home abuse attorney. The Nursing Home Abuse & Nursing Home Neglect News is a service of the Consumer Justice Group.

This page is an advertisement of the Consumer Justice Group, LLC. The opinions expressed herein are those of the Consumer Justice Group. The Group is a Washington, DC law firm. This website is not a solicitation for business in any other jurisdiction. The laws of the District of Columbia apply to this website. The information contained herein is not legal advice. All trademarks and copyrights are those of their respective owners. THIS INFORMATION BROUGHT TO YOU BY THE  CONSUMER JUSTICE GROUP, LLC