Many families in Baton Rouge don’t have the ability to give their aging loved ones the specialized, round-the-clock medical care and attention they need. Nursing homes and assisted living facilities play an important role in providing professional caregiving services that most families can’t offer.
By and large, nursing homes are staffed with compassionate and skilled caregivers who devote their careers to helping those in need.
However, when a nursing home fails to prioritize patient welfare—whether by engaging in negligent hiring practices, understaffing, emotional neglect, or abuse and cover-up—an elderly person can suffer serious physical and psychological harm.
At least two out of every three nursing home and long-term care facility staff members admit that they’ve committed some form of elder abuse in the past year, according to the World Health Organization (WHO).
If you’ve reason to believe someone you know and love is being mistreated in an assisted living facility, contact a Baton Rouge nursing home abuse lawyer. Consultations at Bianca | Matkins are free.
Understanding the Dangers Long-Term Care Facility Residents Face
Nursing home facilities are essential to our communities here in South Louisiana. In Baton Rouge alone, over 35 facilities care for thousands of our elderly residents. Unfortunately, the alarming truth is that these nursing care facilities may not be giving our aging loved ones the care they deserve.
According to the Medicare nursing home comparison tool, roughly half of the long-term care facilities in Greater Baton Rouge are rated with just one out of five stars—a rating categorized as “much below average” as far as metrics like health inspections, staffing, and quality measures are concerned.
This is a terrifying statistic to those of us who depend on these nursing homes to give our family members a high quality of life in their twilight years.
Nursing Home Abuse Attorneys Fighting for Elder Rights in Louisiana
If you suspect your elderly loved one is being abused, there are a number of legal actions you could take with the help of a nursing home abuse lawyer, including:
- Uphold your aging loved one’s legal rights as a nursing home resident.
- Create a safe environment for other residents by having an abused removed from having contact with others who reside in the facility.
- Make sure a negligent nursing home is held liable for any harm residents suffered.
- Enforce the rules and standards every assisted living facility is required to follow by law.
- Obtain compensation for medical bills, the cost of moving, and other expenses your loved one incurred as a result of abuse, neglect, or financial exploitation
- Give your loved one the resources to live their life in health, safety, and happiness.
What Are a Few Types of Nursing Home Abuse?
The National Center on Elder Abuse (NCEA) classifies elder mistreatment as five basic types:
Physical Abuse
When many people think of the term “nursing home abuse,” they think of physically abusive behaviors like hitting, kicking, slapping, pushing, pinching, or forcefully restraining. While this is not the only type of abuse that nursing home residents can suffer, it is one of the four main types of elder abuse as defined by the NCEA.
It may seem incomprehensible that a person would physically abuse an elderly nursing home resident. There is never a good reason or excuse for physical abuse to occur. Unfortunately, factors like stress, overworking, and a lack of background checks in nursing homes can lead to a situation in which an older adult is subjected to physical violence.
If your elderly loved one is experiencing abuse, they may display some of the following signs of physical abuse:
- Bruises, cuts, and broken bones
- Marks from physical restraints
- Broken glasses, damaged personal items, or torn clothing
- Injuries without a clear cause
- Worsening conditions or wounds that don’t seem to heal
- Staff who won’t let family members be alone with the resident
Sexual Abuse
Sexual assaults, unwanted touching, forced nudity, and any type of non-consensual sexual contact fall into the category of sexual abuse. Due to factors like mental illness or dementia, many nursing home residents are not able to communicate consent or speak out against an abuser. This makes Alzheimer’s patients and other nursing home residents with verbal or cognitive limitations especially vulnerable to sexual abuse.
Signs of sexual abuse can include:
- Sexually transmitted diseases (STDs) or sexually transmitted infections (STIs)
- Bruising on the genitals or breasts
- Pelvic injuries
- Difficulty walking or sitting, or pain in the anus or genitals
- Bloody undergarments
- Emotional and behavioral changes
- Exhibiting symptoms of post-traumatic stress disorder (PTSD)
- Inappropriate, unusual sexual advances toward others
- Suicide attempts
Emotional Abuse
Emotional or psychological abuse can be verbal or unspoken. It not only severely affects a person’s mental health but their physical health as well. Examples of this form of abuse include threatening, humiliation, shaming, name-calling, verbally abusing, manipulating, mocking, ignoring, and forcing a person into solitude. NCEA statistics indicate that this may be the most common type of abuse in nursing homes and long-term care facilities.
If you observe any of the following warning signs of emotional abuse, it’s a good idea to spend more time at your loved one’s assisted living facility to observe their daily habits and interactions with staff:
- Social withdrawal
- Unwillingness to communicate
- Anxiety, depression, agitation, and other signs of emotional distress
- Changes in sleep patterns
- Noticeable reactions to certain staff members
- A deteriorating physical condition
- Frequent illnesses
- A lack of appetite or refusal to eat
Financial Abuse
One of the most heartbreaking things we see in our legal practice is when hardworking individuals have their life savings stolen from them in their vulnerable years.
According to the National Council on Aging (NCOA), “the annual loss by victims of financial abuse is estimated to be at least $28.3 billion.”
Be aware of these common signs that can indicate an older person is being financially abused:
- Large, unexplained withdrawals from bank accounts
- Changes to a will or deeds
- Adding new names to accounts and documents
- The sudden re-appearance of long-lost friends or relatives
- Missing cash or valuables
- Suspicious bank card activity
- Unpaid bills
Neglect
Nursing home neglect is a failure or refusal to meet an elder’s essential needs. This can mean not providing necessities like nutritious food, clean and plentiful water, a sanitary living environment, clean clothes and bedding, personal safety, medications, or engaging activities to take part in.
Medical neglect (a failure to provide medical care when needed) can be particularly detrimental to an elder’s health, leading to serious and even fatal outcomes among the elderly.
Signs of nursing home neglect include:
- Malnourishment, dehydration, and weight loss
- Unresolved health issues
- Poor personal hygiene
- Dirty clothes and soiled bedsheets
- A lack of social activities
- Bed sores (pressure ulcers)
- Complaints of inattentive and unresponsive staff
- Fall injuries
- Poor emotional health
How To Report Elder Abuse in Louisiana
As the resident’s family member, you owe it to your relative to familiarize yourself with the signs of nursing home abuse and neglect. Spend time at the facility and get to know the staff by name. Ask your loved one questions and be a consistent presence in their life.
Sadly, nursing home residents who don’t often have loved ones visiting are most vulnerable to abuse and neglect.
If you believe your loved one may be being neglected or abused in a Baton Rouge nursing home, make a report to initiate an investigation by contacting:
- Louisiana Adult Protective Services at 1-833-577-6532 or 225-342-0144 (for any incident of abuse, neglect, or exploitation involving an adult age 60 or over)
- 911 (in any case of emergency)
You can also reach out to the Louisiana Long-Term Care Ombudsman Program with a state advocate responsible for protecting the rights of residents of long-term care facilities.
In addition to the aforementioned, you may want to consider consulting with a Baton Rouge nursing home abuse lawyer about any suspected mistreatment of your loved one. You can expect an attorney who regularly handles these cases to know who to report any concerns to and advise you of your legal rights if you can prove your concerns are rightfully placed. Consultations with our legal team at Bianca | Matkins are free. So, contact us now.
Who Can Be Held Liable for Nursing Home Abuse or Neglect?
Louisiana law allows you to hold the responsible party or parties liable for their actions in nursing home abuse cases like these. Those who directly abused or neglected or were involved in allowing the mistreatment to take place may all be named as defendants in a civil lawsuit.
A defendant might be a nurse, staff member, nursing home administrator, physician, pharmacist, third-party subcontractor, manufacturer of a medical device, another resident, or facilities that:
- Abused nursing home residents’ legal rights
- Followed negligent hiring practices
- Provided inadequate training for staff
- Understaffed facilities
- Violated the Nursing Home Reform Act
What to Expect with the Legal Process
When pursuing a nursing home abuse claim, you will want to understand the legal process to make it less overwhelming for you and your family. You will start by meeting with a lawyer for a free consultation to assess the situation. They will determine if you have a viable case. If you have a case, the attorney will assemble evidence through medical records, witness statements, and expert analysis. A lawsuit will then be filed against those responsible parties.
Next, both parties enter the discovery phase. During this time, your legal team might obtain important information, such as staff records and medical reports. Your lawyer may also conduct depositions and interview witnesses.
Settlement negotiations often follow this process. Your lawyer will want to reach a compensation agreement that covers your loved one’s medical expenses, relocation costs, and pain and suffering.
The case may proceed to trial if a fair settlement cannot be reached. At this time, a judge or jury will decide the outcome. If successful, the court may award damages, including compensation for medical costs, emotional distress, and punitive damages.
Keep in mind that you do not have unlimited time to take action. Louisiana has a very short window with its statute of limitations. At Bianca | Matkins, our experienced attorneys are here to guide you through each stage and fight for your loved one’s rights.
How Long Do You Have to File a Nursing Home Abuse Case in Louisiana?
Under Louisiana civil law, you are allowed one year to take legal action after the injury. This time limit is referred to as a statute of limitations. In personal injury cases like these, the clock typically begins from the date the injured victim suffered harm, barring any exceptions.
Louisiana has one of the shortest statutes of limitations in the country. This already short civil case deadline can become even more limiting when it comes to abuse and neglect.
In many nursing home abuse cases, it is difficult to pinpoint an exact date when the resident was injured. This is especially true when the mistreatment is ongoing or resulted in non-physical injuries.
This is why we strongly advise you to communicate with an attorney experienced in Louisiana nursing home abuse law as soon as you suspect abuse or neglect. You don’t need to wait until you have concrete evidence against a negligent party.
At Bianca | Matkins, we’ll advise what steps your family should take next to make sure a perpetrator of nursing home abuse or neglect is held liable under Louisiana law.
Steps To Take When You Suspect Nursing Home Abuse or Neglect
If you notice any troubling signs, if something feels “off,” or if your family member or loved one has hinted or stated directly that they were abused, do not ignore it. Many victims of elder abuse and nursing home neglect suffer serious injuries, worsening health conditions, chronic depression, and even wrongful death.
Don’t allow your loved one to reach a place where their physical, emotional, and financial injuries are irreversible. Anyone who takes advantage of the elderly must be held responsible for the harm they cause.
Contact Our Baton Rouge Nursing Home Abuse Lawyer for a Consultation
Our dedicated legal team at Bianca | Matkins understands how devastating it is to learn your loved one may have suffered nursing home abuse.
Our lawyers also know that paying for a nursing facility is expensive, and we never want finances to stand in the way of justice. This is why each Baton Rouge nursing home abuse lawyer on our team always starts our cases with a free case consultation, and we don’t take any payment until we win your case for you.
Contact us today to discuss how we can advocate for your loved one.
