If your loved one or family member has been injured in a Louisiana nursing home facility to the neglect or abuse of a worker at the nursing home, it is very important to contact an experienced personal injury attorney as soon as possible. Many families have a loved one who is a resident in a nursing home or long-term care facility, and although they are supposed to be a safe, home environment, instances of abuse and neglect can occur.
If you become aware that your family member or loved one may have become the victim of abuse or neglect while at nursing home facility, it is essential to contact a knowledgeable Louisiana personal injury lawyer as soon as possible.
Louisiana Nursing Home Abuse Attorney
Contact the Law Office of L. Clayton Burgess today at 318-716-3118 or fill out an online form for a consultation about your loved one’s nursing home neglect claim in Monroe LA. L. Clayton Burgess is an experienced personal injury attorney that will make every effort to help your loved one or family member attain full and fair compensation for the injuries they suffered as a result of the nursing home abuse.
Nursing Home Abuse Claims in Louisiana
Although nursing home abuse or neglect can come about from a variety of situations, some of the most common scenarios leading to abuse or neglect in Louisiana are as follows:
Nursing Home Abuse – Nursing home abuse can generally occur when a caregiver or the nursing home employees intentionally inflict pain or harm on the nursing home residents. Residents of a nursing home are typically elderly or disabled and unable to defend against the abuse or report the abuse. Nursing home abuse can involve any form of abuse, such as physical abuse, emotional abuse, sexual abuse or psychological abuse.
Nursing Home Neglect – Nursing home neglect generally occurs when a caregiver, nurse or nursing home employee fails to provide a nursing home resident proper care. Common indicators of neglect at a nursing home can include nursing home neglect can include bruising, bed sore, infections, malnutrition, soiled clothing, dehydration, physical injuries and/or depression. Nursing home neglect can be caused by any of the following:
A nursing home employee’s failure to assist a resident to eat or drink;
A nursing home employee’s failure to assist a resident to the bathroom when unable to go by himself;
A nursing home employee’s failure to assist a resident with in physical therapy or participation in general activities;
A nursing home employee’s failure to bathe a resident;
A nursing home employee’s failure to move or re-position a resident who is incapable of moving independently; and/or
A nursing home employee’s failure to respond to calls or requests for assistance
Misappropriation of Funds or Property – Misappropriation of funds or property generally occurs when the nursing home’s employees intentionally misuse, embezzle, steal or take the property or money of a nursing home’s resident without the nursing home resident’s authorization.
Louisiana Lawsuits for Nursing Home Neglect
It is very important to contact a personal injury lawyer as soon as possible if your loved one or family member was neglected or abused while living in a nursing home.
If your loved one’s injuries were caused by the neglect or abuse of an employee at a nursing home, you may be prevented from filing a lawsuit against the negligent party for the injuries they sustained two years after the date of injury. This time period is also known as a statute of limitations or SOL and bars a lawsuit for damages arising out of a tort claim after a certain period of time has passed. Therefore, it is very important to contact a Louisiana personal injury lawyer to make sure your loved one is able to recover full and fair compensation for their injuries.
In order to win a negligence lawsuit and recover damages for your loved one’s nursing home abuse or neglect claim in Louisiana, your personal injury attorney must first prove a negligence claim by a preponderance of the evidence. A preponderance of the evidence is a burden of proof at trial that your attorney must establish, which is satisfied if the evidence slightly weighs more in your favor than it does not. Additionally, your lawyer will have to show that the nursing home owed your loved one or family member a duty, this duty was breached, and as a proximate and actual cause of the breach, your loved one or family member was injured.
Damages for Nursing Home Abuse
You or your loved one are legally permitted to seek reimbursement from the negligent party if your family member or loved one has suffered injuries due to neglect or abuse at a nursing home in Louisiana for the expenses, damages and injuries they have incurred.
The following types of damages may be recoverable for injuries related to you or your family member’s nursing home neglect or abuse claim:
Economic Damages – These damages compensate the injured party for any financial loss they have incurred or will incur in the future as a result of the nursing home abuse or neglect. Economic damages can include any of the following:
Medical and rehabilitation expenses,
Diminished earning capacity, and/or
Any additional out-of-pocket expenses.
Non-Economic Damages – These damages compensate the injured party for any losses they have sustained as a result of nursing home abuse or neglect, such as:
Loss of enjoyment of life,
Mental anguish and emotional stress,
Normal lifestyle impairment, and/or
Physical pain and suffering.
Physical Impairment and Disfigurement – These damages compensate the injured party for any permanent scars, physical injuries or disfigurement they may have incurred as a result of the nursing home neglect or abuse. This element of damages is not limited by the cap on non-economic damages previously stated.
If you believe that one of your loved ones is or has been abused or neglected in a nursing home, please give us a call, you might have a case in your hands.
Call the Law Office of L. Clayton Burgess at: 318-716-3118 and an experienced personal injury attorney will take your case, and fight to get your hurt loved ones the compensation they deserve.