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What to Do If You Suspect Your Loved One Has Been Mistreated

Protecting your loved one is the greatest concern if you suspect mistreatment. You may contact the authorities if you believe your loved one is in danger. If you don’t feel the need to contact the authorities, you may bring your concerns to management at your loved one’s nursing home. Hiring an attorney should also be a priority. Laborde Earles Injury Lawyers staffs attorneys who have experience in nursing home abuse cases. We will:

  • Help you ensure your loved one is safe
  • Act quickly to document any injuries your loved one has suffered
  • Secure physical evidence, witness accounts, medical records, and any other pertinent items
  • Explain your options for seeking justice

Our firm will lead your case from start to finish. We will hire any nursing home abuse experts who can help your case.

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Why Laborde Earles Injury Lawyers?

Of all the law firms serving Lafayette, consider hiring Laborde Earles Injury Lawyers. Our dedicated staff will handle your case with care and empathy. Just read the experiences of our former clients :

  • “I had a very positive experience with Laborde Earles. They provided excellent service, demonstrating professionalism and personal attention to detail.” – Danielle, former client
  • “Laborde Earles went above and beyond my expectations. Great experience overall, they understand their clients and my needs were put first. I can’t say enough about them…” – Brenda, former client
  • “Great firm and easy to deal with. They were very helpful and knowledgeable. We’ve never had to use a lawyer before, and these guys made it easy. Thank you for the great service.” – Alexis, former client

Don’t wait to reach out for help. We take pride in defending the defenseless, including elderly victims of mistreatment.

Types of Abuse to Consider

Residents of nursing homes should be treated with dignity and respect, but nevertheless, various abuses may occur. This includes physical abuse, neglect, financial exploitation, and emotional abuse.

1

Physical Abuse

Physical abuse may include situations where the nursing home staff intentionally harms the resident by hitting, restraining, sexually violating, or force-feeding the resident.

2

Neglect

Neglect might occur if the nursing home staff fails to care for their residents properly, including failing to:

  • Feed the resident
  • Provide sanitary conditions within the nursing home
  • Provide required medical care
  • Provide all necessary medications
3

Financial Exploitation

Financial abuse may occur if nursing home employees have access to residents’ checkbooks or other financial information. This provides staff members with an opportunity to forge signatures, write phony checks, or encourage the nursing home resident to change the victim’s will or engage in other ill-advised financial transactions.

4

Emotional Abuse

Many residents may also suffer from emotional abuse. This form of abuse may occur when members of a nursing home staff insult, humiliate, or threaten the nursing home resident. Isolating the resident is also considered emotional or psychological abuse. A Lafayette nursing home abuse lawyer from our team can help you if your loved one has suffered abuse or neglect.

Strict Time Limits for Filing a Nursing Home Abuse Claim

When a loved one suffers from nursing home abuse or neglect, your primary focus is keeping them safe. However, it is critical to understand that Louisiana imposes strict legal deadlines on your right to file a lawsuit and demand compensation. In Louisiana, these deadlines are legally known as "prescriptive periods."

Thanks to recent civil law updates under Louisiana Act 423, the time limits depend directly on when the injury took place and the specific nature of the abuse:

  • Incidents on or after July 1, 2024: For general negligence and standard personal injury claims arising from nursing home abuse (such as physical assaults, slip-and-falls due to poor maintenance, or financial exploitation), you have two (2) years from the exact date of the injury to file a lawsuit.
  • Incidents before July 1, 2024: Any elder abuse claims that occurred prior to July 1, 2024, are bound by Louisiana’s older statutory framework and must be filed within one (1) year of the date of the injury.
  • The Medical Malpractice Exception: It is important to know that if the nursing home neglect involves professional medical care (such as severe bedsores from lack of turning, critical medication errors, or failure to provide ordered medical treatments), the case may be legally classified as medical malpractice. Under Louisiana Revised Statute § 9:5628, medical malpractice claims are strictly limited to one (1) year from the date of the negligent act or the date the injury was discovered.

Because the line between general negligence and medical malpractice can be incredibly narrow in a long-term care facility, you should never assume you have the full two years. Consulting an experienced Lafayette nursing home abuse attorney immediately ensures your family's rights are legally protected before time runs out.

Common Symptoms of Nursing Home Abuse

Family members who have entrusted their loved ones to the care of a nursing home must remain vigilant to detect the symptoms of potential abuse. These symptoms may include:

  • Evidence of physical abuse or neglect, such as bruising, scars, and bed sores
  • Changes in your senior’s behavior, including being withdrawn and not communicating
  • Unusual financial activity that does not match the nursing home resident’s typical spending patterns
  • Extreme weight loss
  • Other alterations in the resident’s appearance and general hygiene
  • Unanticipated changes to the resident’s will

A nursing home abuse lawyer in Lafayette can help if you see any signs of concern.

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Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working with. Her attention to detail is unmatched.
She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
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The Shocking Reality: Nursing Home Abuse Statistics

Elder abuse and facility neglect are far more widespread than most families realize. Because residents are often frail, isolated, or suffering from cognitive decline like dementia, a devastating number of incidents go completely unreported.

The data paints a clear picture of why aggressive legal advocacy is necessary to protect our seniors:

  • Millions Affected Annually: As many as 5 million older Americans experience some form of elder abuse every single year. Tragically, a large portion of these victims are vulnerable seniors residing in nursing homes and long-term care environments. (Source: National Council on Aging)
  • Widespread Neglect and Silence: In a landmark study involving interviews with over 2,000 nursing home residents, a staggering 44% reported that they had personally experienced abuse. Even more alarming, 95% of those surveyed stated they had either been personally neglected or had witnessed the severe neglect of another resident. (Source: National Institutes of Health / PMC)
  • Massive Financial Devastation: Abuse is not always physical. Financial exploitation targeting our elderly population causes an estimated $28.3 billion in financial losses each year, often stripping vulnerable seniors of their life savings and their ability to pay for quality care. (Source: National Council on Aging)

What does Justice for an Abuse Victim Look Like?

At Laborde Earles Injury Lawyers, our job is to obtain justice for abuse victims. So what might justice look like for your loved one? We generally help our clients by securing a financial recovery. This recovery may allow your loved one to move forward without worrying about finances. A recovery is also a measure of justice against those who have wronged loved one.

Your loved one’s financial recovery may account for:

  • Their pain and suffering: Abuse of any kind inflicts great suffering. Your loved one may receive compensation commensurate with their pain and suffering.
  • The cost of their time in the home where abuse happened: Nobody should have to live in an abusive situation. We may recover the cost of your loved one’s stay in an abusive nursing home setting.
  • Medical costs: Any medical expenses related to abuse may be recoverable.
  • Relocation costs: The cost of moving your loved one to a new nursing home or assisted-living facility may be included in a financial recovery.
  • Any other economic or non-economic harm related to abuse: Our team will create a detailed list of your loved one’s losses. We will seek fair coverage and nothing less.

Each case of abuse is different. We will speak with you, your loved one, their doctors, and other experts. Combined, we’ll have a full picture of your loved one’s damages.

Work with a Lafayette Nursing Home Abuse Attorney from Laborde Earles Injury Lawyers

If your loved one has been abused while residing in a nursing home, they may be entitled to recover damages. A Lafayette nursing home abuse lawyer from Laborde Earles Injury Lawyers may secure justice. We will aggressively pursue the compensation your loved one deserves.

Since large corporations with extensive legal teams own many nursing homes, it could be important to contact an attorney as soon as any symptoms of abuse appear. Consult a Lafayette nursing home abuse attorney to discuss your right to compensation.

Frequently Asked Questions About Nursing Home Abuse

What are the most common signs of nursing home neglect?

Neglect occurs when a facility fails to provide the basic necessities of life and health care. Common warning signs include the development of advanced bedsores (pressure ulcers), sudden or unexplained weight loss (malnutrition), signs of dehydration, poor personal hygiene, frequent or unexplained falls, and an unusually dirty or unsanitary living environment.

How long do I have to sue a nursing home for abuse in Louisiana?

For standard negligence or personal injury claims occurring on or after July 1, 2024, you generally have two years from the date of the injury to file a claim. However, if the injury occurred before that date, or if the court determines the neglect constitutes medical malpractice (such as a failure of professional nursing or medical care), a strict one-year deadline will apply. Always consult a lawyer to verify your exact deadline.

Can I file a claim if my loved one has dementia and cannot fully explain what happened?

Yes. Residents with cognitive impairments like Alzheimer's or dementia are among the most frequent targets of abuse because perpetrators assume they won't be believed. You do not need a perfect statement from your loved one to move forward. An experienced attorney can build a powerful case using medical records, facility staffing logs, expert testimony, and physical evidence of injury.

Who can be held legally responsible for elder abuse in a long-term care facility?

Liability often extends beyond the specific staff member who committed the abuse. Under Louisiana law, the nursing home corporation or facility owner can be held liable for systemic failures. This includes corporate liability for chronic understaffing, failing to perform thorough criminal background checks, failing to properly train employees, or prioritizing facility profits over patient care.

What should I do immediately if I suspect my family member is being abused?

If your loved one is in immediate physical danger, call 911 right away. Next, document everything you see—take photographs of any visible injuries, bruises, or unsanitary conditions, and write down the dates and names of any staff members involved. Report the situation to the Louisiana Department of Health (LDH) Health Standards Section at (888) 810-1819, and contact a dedicated Lafayette nursing home abuse lawyer to step in and investigate.

Do you have more questions?

Our team is here to answer every question about your case—clearly and honestly.

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