Nursing Home Abuse and Neglect Claims We can Help You Sue for

Legal claims alleging nursing home abuse and neglect cover many different behaviors. Since abuse can range from physical to financial to emotional in nature, it is often difficult to recognize. However, there are certain signs that may indicate abuse and help support a legal claim of neglect, including:

  • Bedsores or pressures ulcers
  • Dangerous falls due to inadequate support or lack of supervision
  • Malnutrition and dehydration
  • Residents wandering away from the facility

Other types of injuries to nursing home residents may stem from non-physical abuse, such as emotional or financial mistreatment by staff members. Residents showing fear or discomfort around staff may be a sign of non-physical abuse.

Unfortunately, any type of abuse can exacerbate existing medical conditions and disabilities. Even for a healthy resident, abuse can lead to emotional stress, serious injuries, or death, which makes contacting a Marksville nursing home abuse attorney and taking legal action as soon as you suspect maltreatment all the more critical.

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

Recoverable Damages in a Nursing Home Abuse Case

Our lawyer serving Marksville can review your nursing home incident and go over your legal options as well as recoverable damages you could receive. The severity of these damages will determine how much compensation you could seek in your case. Upon review of the details and evidence in your situation, you may be able to recover economic damages and non-economic damages.

Economic damages can be documented with receipts, invoices, work time cards, and other files. These include:

  • Medical bills of the elder who was in nursing care
  • Therapy to address the individual’s mental health needs
  • Pain and suffering
  • Property damage or replacement if the property was damaged or stolen
  • Lost wages if you are your loved one’s caregiver and had to take time off work

If your loved one did not survive their abuse, you might qualify to pursue a wrongful death action against the liable party.

You may be able to receive compensation for:

  • Final medical expenses
  • End-of-life care
  • Funeral, burial, or cremation expenses

You may have additional expenses not listed here. You can speak with a Laborde Earles Injury Lawyers team member who can advise you further during a free consultation. We can answer your questions and possibly help you uncover additional damages in your case.

A Lawyer can Help You File an Administrative Complaint Against the At-Fault Agency

Nursing home residents have legal rights to appropriate care, as outlined in the Louisiana Nursing Home Bill of Rights. Any violation of these rights could make a nursing home, its administrators, and its staff liable for the injuries and harm the residents suffer.

Individuals who suspect a nursing home is mistreating, neglecting, or abusing a resident should be aware that nursing home abuse amounts to criminal activity in many cases. To start combating such behavior, a nursing home abuse lawyer in Marksville could help a suffering resident or their family members file an administrative complaint with the appropriate state agency. After this initial report, a dedicated attorney could help plaintiffs file a legal action against the nursing facility. In the process, they could also help investigate the circumstances surrounding the alleged abuse and collect evidence of understaffing, lack of employee oversight, or other factors that could contribute to neglect and support the claim.

branded accent
elderly man holding head in hands

Negligence as Grounds for a Personal Injury Action

Nursing homes have a responsibility to care for their residents and to maintain a certain quality of living. Much of nursing home abuse could be intentional, but sometimes, through situations like neglect, the harm is done unintentionally to residents. When a resident suffers mistreatment in Avoyelles Parish that was unintentional, he or she may be able to bring a lawsuit for negligence.

To bring a negligence claim, a plaintiff must prove that the defendant owed a duty of care, that there was a breach in duty of care, and that the breach caused the plaintiff harm. Nursing homes owe a duty of care, or legal obligation, to their residents. The most difficult challenge would be to prove that through neglect or some unintentional act that failed to meet their duty, the nursing home or its officials caused injury or illness.

Federal Rights for Nursing Home Residents

To help prevent nursing home abuse, Congress passed the Nursing Home Reform Act of 1987. The Act sets forth a “bill of rights” that nursing home residents across the country are entitled to enjoy. These rights were put in place to protect, inform, and maintain quality care for nursing home residents.

Nursing home residents in Avoyelles Parish enjoy the following rights, in addition to others:

  • The right to be free from mental abuse
  • The right to be free from physical abuse
  • The right to be free from corporal punishment
  • The right to be free from involuntary seclusion
  • The right to be free from restraints

The federal rights granted under the Act may not be replaced by State acts. Under the legal doctrine of “preemption,” if any state regulations are passed that limit a nursing home resident’s federal rights, those state regulations will be preempted, or trumped, by the federal rights granted under the Act.

State Rights for Nursing Home Residents in Avoyelles Parish

Louisiana has enacted its own laws to protect nursing home residents. Louisiana Revised Statutes (RS) §40:2010.8 lays out these state rights for residents, which include:

  • The right to be informed and to have a copy of the nursing home rules and regulations
  • The right to present grievances
  • The right to immediate access to their personal physician
  • The right to immediate access to family members

Nursing home abuse victims in Avoyelles Parish could turn to both their federal and state rights when seeking relief. The Louisiana Department of Health and Hospitals created a Nursing Home Care Blue Book, which outlines these state rights. Although additional regulations and protections have been given under state law, many of the state rights also reaffirm the federal rights given under the Nursing Home Reform Act.

Client Testimonials Hear from locals like you.

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

H
Hannah Johnson

Baton Rouge

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

H
Hazel G.

Michelle Brouillette is a wonderful addition to the Laborde Earles team.

M
Melanie B.

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

S
Sarah Jorden

Marksville

Trudy Dupuy is a wonderful asset to the team. She does an amazing job.

A
Annabelle D.

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

M
Mimi

Lake Charles

Syntera was Very professional and courteous. Answered my concerns.

L
Lisa G.

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is ...

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

T
Tori E.

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you fo...

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you for all your hard work to all the people working on our case.

S
Sandi W.

Over 1,700 5-Star Reviews

Read More Testimonials

Allow a Marksville Nursing Home Abuse Attorney to Help You Today

Legal actions against nursing homes can be complex and time-consuming. However, a dedicated attorney could work diligently to protect your loved one and your interests. Call us today to discuss your claim and begin working toward a favorable outcome for your case.

We are a contingency fee firm, which means we can work on your case with no upfront fees. We get paid only if we recover compensation for you.

View More Articles Trusted Voices Sharing What Matters

closeup of a car with a crashed hood

Blog Louisiana’s New Comparative Fault Law (2026): What the 51% Rule Means for Your Compensation

If you were injured in Louisiana, a recent change in the law could determine whether you recover compensation or nothing at all. As of Janua...

Read Full Article
woman in neck brace talking to lawyer

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(318) 310-8922
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 223-9925.