People who face the difficult decision of moving into a nursing home should do so with the expectation that they will receive the highest level of care. This involves not just nursing care for chronic or emergency medical conditions but also protection from accidental harm or outright abuse. Despite this expectation, hundreds of residents in nursing homes in Baton Rouge and throughout the state experience avoidable injuries every year.
If you have experienced these injuries or are the relative of a person who has, you could be eligible for compensation. A Baton Rouge nursing home abuse lawyer works to investigate the source of an injury, determine the liability of a nursing home, and demand proper payments from every available source. A dedicated member of our legal team at Tomeny | Best Injury Lawyers could work tirelessly to make things right for you and your family.
Injuries that Result from Abusive Behavior
The unfortunate reality is that abuse is not uncommon in nursing homes. With many nursing home residents being unable to defend themselves, they can often be an easy target for intentional abuse. This could result in injuries that are the product of assaults, the use of improper restraining techniques, or the intentional withholding of food, water, or medication.
When abuse occurs in these facilities, liability is often shared between the negligent party and the nursing home itself. A legal concept called vicarious liability means that employers are responsible for the actions of their employees while on duty. In addition, nursing homes have a heightened duty under the law to properly evaluate and train their workers. A Baton Rouge nursing home abuse attorney could work to hold the owners of nursing homes responsible for incidents of abuse that occur on their property.
Nursing Home Injuries Can Also Result from Accidents
While most people imagine nursing home abuse as being the result of intentional misconduct, the fact is that injuries can also be the product of simple neglect. Nursing homes that allow injuries to occur because of a failure to properly monitor or assist residents are just as liable for events as those that allow intentional abuse to happen. Examples of nursing home neglect include:
- Malnutrition or dehydration
- Slips and falls
- Oversights in the providing of medication
Just like intentional abuse, these acts of neglect can cause serious physical injuries and emotional trauma to residents. A nursing home abuse lawyer could get individuals in Baton Rouge to pursue compensation that accounts for these losses.
State Law Offers a Limited Time to Act
People seeking compensation after a nursing home injury must act quickly to protect their legal rights. Under Louisiana Civil Code § 3492, cases demanding payments after a physical injury must be in court no more than one year from the date of injury. Failing to take swift legal action could leave families without an avenue for financial recovery. Because of this, it is crucial to get in touch with an attorney as soon as possible after suspected nursing home abuse. Starting the legal process early gives a lawyer time to collect evidence, speak with witnesses, and file the necessary paperwork within the state’s required timeframe.
Reach Out to a Baton Rouge Nursing Home Abuse Attorney Immediately
Events of abuse that occur in nursing homes are not unheard of. These can involve the intentional acts of violence that staff commit against residents. They may also include accidental injuries that inattentive workers fail to prevent. In either case, legal action could be taken against the negligent party, the nursing home, or both.
A Baton Rouge nursing home abuse lawyer could help you prove your case and seek the compensation you need to move forward. Give us a call today to learn more about what we could do for you.