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Nursing Home Abuse & Neglect

Nursing home abuse and neglect cases are usually separate from medical malpractice cases, though there are instances where both claims are made as part of a lawsuit.

The standards of proof in a medical malpractice case are higher than in injury suits, so in most cases, lawsuits against nursing homes cite neglect or abuse rather than arguing medical malpractice.

There are exceptions, but from the client’s perspective, there are strong advantages to pursuing a case that is more likely to win, generally of shorter duration, and results in fair compensation for the injuries and losses sustained.

Nursing home neglect and abuse cases can result in awards for medical expenses, the costs of living with any disabilities or other long term effects of the abuse or neglect, pain and suffering that you experienced, and sometimes punitive awards meant to penalize the nursing home.

If you or your loved one are facing health problems or have suffered injuries related to nursing home abuse or neglect in New Orleans, you should consult with an experienced injury attorney to evaluate your case and make determinations about the best way to meet your needs.

At The Gertler Law Firm, we’ve helped our clients recover more than $100,000,000 in settlements and damage awards in our 30 years in New Orleans.

Call us today at 504-581-6411 for a free consultation with an experienced nursing home abuse and neglect attorney.

When patients in a nursing home, or their loved ones, complain to a nursing home administrator about problems at the facility, they are obligated to report the complaint to state regulators, who will then investigate the allegations.

At least, that’s how the process is supposed to work.

If you suspect that your nursing home complaints are falling on deaf ears and that the proper channels for resolution of problems aren’t being utilized, then you may need to take matters into your own hands.

Protecting our seniors living in residential care is a vital public interest.

When a nursing home displays signs of unsanitary conditions, inadequate staffing, poorly trained staff, or worse, actual evidence of neglect or abuse happening on the premises, it’s up to us to fight back for our loved ones.

When your complaints about conditions in a nursing home in New Orleans aren’t being listened to, get help from an experienced New Orleans nursing home neglect and abuse attorney right away.

At The Gertler Law Firm, we take nursing home abuse and neglect cases extremely seriously, and we fight not just for your loved one, but for all the patients in the facility.

When your loved one isn’t being properly cared for and the nursing home administration isn’t listening, call us at 504-581-6411 and talk to an experienced elder law attorney for free.

Stress fractures are a specific type of bone break that many older people are especially susceptible to as bones weaken with age.

In the adult population, stress fractures are especially common among runners, who can develop cracking in the bones of the legs or the feet from overuse.

When a person is older, even ordinary activity levels can lead to these painful fractures in bones.

Nursing home staff should be trained to monitor for indications that a resident may be suffering with new pains or suddenly limited mobility.

Beyond being painful, stress fractures will usually present with swelling in the affected area.

If your loved one’s nursing home missed these tell-tale signs of a stress fracture, you should take action right away.

Our senior loved ones should never have to suffer pain and immobility while under a nursing home’s care, or any other caregiver who is supposed to help them live as independently as possible.

If your loved one has been suffering with a stress fracture in a nursing home, contact an experienced nursing home neglect attorney to review the specifics of your case.

Remember that your loved one isn’t the only person who may be suffering from poor training, understaffing, and other elements of neglect or abuse.

Call The Gertler Law Firm today at 504-581-6411 and talk to an experienced nursing home neglect and abuse attorney for free.

There’s no way to know how long a given case might take to reach a settlement, or whether it will likely end up in court, without first reviewing all the facts.

In many instances, insurance companies are quick to try to settle a claim, and the matter may be resolved in a timeframe of weeks to months.

In others, the issues may be less clear cut, or the nursing home itself or its insurers may believe there is an advantage to delaying things, which can mean a significantly longer period before you can be compensated for losses and damages.

An experienced New Orleans nursing home abuse lawyer can help you evaluate the specific circumstances in your case and give you a much more clear sense of how long it may be before you receive just compensation for abuse, neglect, or exploitation in a nursing home setting.

At The Gertler Law Firm, we provide everyone with an absolutely free, no-obligation initial consultation, so you never have to worry about exploring your options.

We’ve helped our clients recover more than $100,000,000 in damage awards and settlements in our 30 years of operation.

Call us today at 504-581-6411 for your free consultation with an experienced New Orleans nursing home abuse and neglect attorney.

What Is A Nursing Home Abuse Lawsuit Worth In New Orleans?

Every injury claim and nursing home abuse suit is different, with its own set of facts, damages, and types of unlawful conduct from perpetrators.

Your attorney will help you weigh the various factors involved, including the form of abuse that’s been inflicted at the nursing facility, the specific injuries involved, the duration of the abuse, and any current medical costs.

Your lawyer can also help you figure into your case any future medical costs related to the abuse, awards for pain and suffering, punitive damages in some cases, and any other relevant elements.

While the most obvious and most egregious forms of abuse are physical in nature, nursing home residents in New Orleans are also specifically protected from abusive conduct like financial exploitation, coercive taking of property, and more.

There’s no one answer to what a nursing home abuse lawsuit is worth, but you’re far more likely to receive just compensation for your injuries and losses if you work with an experienced attorney to see your case through.

In New Orleans, The Gertler Law Firm has helped our clients recover more than $100,000,000 in damages during our thirty years of representing those who’ve been hurt by others.

If you or your loved one is facing abusive conditions in a New Orleans nursing home, call us today at 504-581-6411 for a free consultation with an experienced nursing home abuse attorney.

The Louisiana Department of Health has specific definitions for certain types of illegal conduct that residents in nursing home facilities may be unlawfully subjected to.

Specifically, state regulators are concerned about four particular types of conduct, that are generally defined this way:

Abuse may be physical, emotional, or sexual.

Physical abuse includes contact that produces pain or injury, including hitting, shoving, pulling hair, pinching, and yanking.

Emotional abuse can include classic bullying techniques, such as threats, ridicule, keeping a resident isolated from family or other residents, harassment, and intimidation.

Sexual abuse is any unwanted sexual activity, whether or not it involves contact or produces injury.

Neglect situations are similarly well defined.

When a caregiver engages in neglect, obvious signs include withholding the provision of necessary care, including water, food, medication, physical support services, resident safety, cleanliness within the facility, and any other necessity.

Exploitation is the misuse of a nursing home resident’s money, property, or even power of attorney for one’s own gain.

Finally, extortion is the use of force, intimidation, or abuse of power to take something of value from a nursing home resident in New Orleans.

All of these behaviors are against the law, but they can happen.

If you or a loved one are facing abuse, neglect, exploitation, or extortion in a nursing home in New Orleans, call The Gertler Law Firm today at 504-581-6411 and talk to a lawyer for free.

Louisiana law includes a Nursing Home Resident’s Bill of Rights, which protects the liberties and prerogatives of our seniors and others who live in nursing homes in the state.

On top of that, the federal Medicare program offers additional assurances when it comes to the rights enjoyed by those living in residential facilities.

Under Medicare and Louisiana state law, nursing home residents are protected against abuse, including verbal, sexual, physical, and mental or emotional abuse.
Additionally, under Medicare you have rights to be treated with dignity and respect;
to be informed, in writing, about the costs and services associated with the home;
the right to manage your own money, or appoint a person of your choosing to do so;
the right to your personal belongings and your privacy;
the right to see your own doctor, be fully informed about any medical conditions and their treatment, and the right to refuse treatment;
the right to set your own schedule;
and the right to a comfortable living environment that maximizes your independence.

When these rights are violated, swift action must be taken to protect vulnerable populations from unscrupulous, coercive, or abusive nursing home situations.

At The Gertler Law Firm, our experienced attorneys have helped people in New Orleans protect their rights and recover losses from bad behavior by nursing home operators and staff for 30 years.

If your rights are not being respected by a nursing home in New Orleans, call us today at 504-581-6411 for a free consultation.

Nursing homes are not allowed to keep you from seeing and visiting with your loved one in residential care.

In fact, if you suspect that a nursing home is creating unreasonable obstacles to your visits, it may be a sign of abuse, neglect, or exploitation of your loved one.

While the nursing home has the right to create reasonable hours for visitation by guests, after that, only residents themselves have the right to restrict who their visitors are.

If you have concerns for the welfare of a loved one in a nursing home in New Orleans, it’s important that you act right away to address your worries.

Our seniors are a vulnerable population and extremely prone to various types of abuse and misuse by unscrupulous people charged with taking care of them.

You have a right to visit with your loved one and confirm that they are healthy, safe, and free from coercion.

When you have concerns about nursing home abuse or neglect, or possible exploitation of an elderly loved one in nursing home care, the attorneys at The Gertler Law Firm can help.

We’ve been holding the powerful accountable for 30 years.

Call us today at 504-581-6411 for a free consultation with an experienced New Orleans nursing home abuse and neglect lawyer.

It’s always a source of concern if there are indications that an elderly relative’s health status is changing, especially when they are in residential care.

The first thing to do in situations where your loved one seems to be having greater problems with mobility and falling down is talk to them.

Does your relative agree that they are simply falling more often?

Ask how the staff in the home has responded to falls, and how quickly.

Find out if there are specific activities triggering falls, such as vertigo or lightheadedness when first rising from bed or standing after sitting.

You may learn valuable information that can help with the problem in the future, or you may decide that it’s time to see a doctor to make sure nothing serious is going on.

More rarely, and more worryingly, you may realize that your relative is experiencing neglect or abuse by nursing home staff.

If that’s going on, it’s imperative that you take steps right away to protect your loved one and all residents in the nursing home.

At The Gertler Law Firm, we protect our most vulnerable citizens from abuse by the powerful.

When we learn of elder abuse in a nursing home facility, we act swiftly to ensure that your loved one is safe, secure, and receiving the highest level of care.

Nursing homes are legally and morally obligated to treat their residents with respect and compassion, and when they violate that obligation, they must be held accountable.

There are laws that protect residents of nursing home facilities.

Call us today at 504-581-6411 for a free consultation with an experienced elder abuse and nursing home abuse and neglect lawyer right here in New Orleans.

Liability in nursing home abuse cases typically falls onto the nursing home itself, though it’s also possible for individual staff people to be personally liable, both in civil and criminal court.

Employees of nursing homes have obligations to the home’s residents that are codified in the law, and nursing homes have an oversight obligation when it comes to the people they employ, starting with properly vetting potential hires, properly training new hires, and monitoring performance during their employment.

Nursing homes that create a culture where signs of an out of control staffer are not being reported can face significant penalties.

The most important thing is to make sure that you or your loved one in a nursing home in New Orleans are safe and are receiving the level of care required.

Wherever liability may fall, you should take action right away to stop abusive conditions in a nursing home, which rarely affect only a single resident.

Our seniors deserve better, and it’s up to us to protect them.

At The Gertler Law Firm, we’ve helped people in New Orleans for 30 years, and we can help make sure that your loved one in nursing home care is safe, secure, and protected from further abuse.

Call us today at 504-581-6411 for a free consultation with an experienced New Orleans nursing home abuse and neglect lawyer.