Elder abuse can often go unnoticed if family members are not careful. According to the National Institute on Aging (NIA), thousands of people aged 60 and older become victims of abuse, neglect, and financial exploitation. Nursing home residents are vulnerable to the care they receive from the facility staff (or lack thereof) and might not have the ability to communicate their distress.
If your loved one resides in a nursing home in the Metairie area and experienced abuse of some form, they might be entitled to compensation, which you may collect on their behalf if they are your financial dependent.
The first concern is making sure your loved one is safe. A Metairie nursing home abuse lawyer may be able to review the nursing home contracts and help you remove your loved one from the facility. From there, they can help collect evidence to file a lawsuit against the negligent or abusive parties at the facility, including the facility owners themselves.
At Laborde Earles Injury Lawyers, we care about our clients and their elder loved ones. Call our law firm at (504) 777-7777 for a free case evaluation. We can start helping you right away.
Nursing Home Abuse Can Appear in Different Forms
Elder abuse can come in different forms, and your loved one does not need to be a victim of physical abuse to be eligible to file a lawsuit against the culprit(s). The NIA lists the following as different types of abuse that older adults might experience, including inside a nursing home facility:
- Physical abuse: physical abuse is one of the more obvious forms of abuse, as symptoms might include bruises, cuts, burn marks, and other wounds on the nursing home resident’s body. Physical abuse can range from rough handling to directly assaulting the individual. If you believe your loved one is physically in danger at their nursing home facility, please report to the local police immediately.
- Emotional abuse: this type of abuse can appear more subtle, as symptoms might focus on personality changes. Emotional abuse may involve manipulation, ignoring the resident on purpose or isolating them from other residents, yelling or saying hurtful things to the resident, and threatening the resident.
- Sexual abuse: sexual abuse does not always involve physical assault or activity with the resident, but it can. Some residents might be forced to watch or look at pornography or sexual acts performed by the abuser, or they might be harassed with sexually explicit remarks toward them.
- Financial exploitation: some individuals take advantage of elder adults who are lonely, suffering from dementia, or fearful and exploit them for money. Financial abuse can range from theft to blackmail and might involve coercing residents to write checks or altering their wills. In some cases, abusers might steal Social Security benefits, credit card information, or other financial documents.
- Neglect: while many forms of abuse involve active harm against the resident, other forms of abuse involve the lack of action taken. Victims of neglect might not be properly taken care of in both health and hygiene, and they might feel abandoned in the facility. In serious cases, residents might be deprived of essential items, such as food and medications.
Things to Notice
If you suspect your loved one is a victim of nursing home abuse, pay attention to their behavior, and watch out for the following signs:
- Personality changes, such as acting withdrawn or depressed
- Poor hygiene, such as soiled underwear or dirty clothes
- Trouble sleeping
- Isolation
- Bruises, cuts, and other abrasions
- A sudden drop in financial accounts or unfamiliar transactions
- Signs of trauma responses, such as shaking, acting agitated more frequently, and distress when being touched
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You Have About One Year to File Your Case
Depending on what kind of abuse your loved one experienced, you might be eligible to file a personal injury or medical malpractice lawsuit. If your loved one’s case involves abuse from a medical professional, such as a nurse on staff at the facility, they may qualify for a medical malpractice case.
That being said, both Louisiana Civil Code (CC) §3492 and Louisiana Revised Statutes (RS) §9:5628 give plaintiffs one year to file their case. If plaintiffs fail to meet these deadlines, they may forfeit their right to pursue compensation.
Because both personal injury and medical malpractice cases only have a one-year window for plaintiffs to file their lawsuits, time is of the essence. Collecting convincing evidence can be a challenge if you do not know where to get the information you need.
Let a Metairie nursing home abuse lawyer help you with your case so that you can file your lawsuit on time. At Laborde Earles Injury Lawyers, our team puts in a collaborative effort to build your case and meet legal deadlines. Contact us at (504) 777-7777 right away to get started. With one phone call, a team member can explain the extent of our legal services to you if you have additional questions.
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Your Loved One May Have the Right to Pursue Compensation
RS §40:2010.8 lists nursing home residents’ rights at the facilities they live in, expressing their right to proper medical care, home care, and freedom from abuse of any kind. If your loved one was a victim of abuse, they might have the right to receive compensation for:
- Medical treatment to reverse the effects of their injuries
- Psychological treatment they need to address their trauma
- Financial losses or theft they were a victim to
- Pain and suffering
- Stolen property or damaged property
In some cases, abused nursing home residents may be entitled to refunds of fees or rent they paid to the negligent nursing home facility.
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Laborde Earles Injury Lawyers Wants to Help You and Your Loved One
Getting the resources you need to investigate your loved one’s nursing home’s living conditions and to potentially collect evidence to support your case can be difficult to do on your own. With the help of a Metairie nursing home abuse lawyer, you may be able to access documentation and footage that proves your claims. Our team at Laborde Earles Injury Lawyers wants to help get justice for your loved one, so we will put in the effort to get the information you need to build your case.
If you would like legal assistance for your loved one, contact our team at (504) 777-7777. The first phone call includes a free case evaluation, so let us know what you and your loved one are facing. We want to ensure your loved one’s safety is not jeopardized, so reach out as soon as possible.
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