Who Can File a Nursing Home Negligence Claim in Louisiana?

Putting a family member in a nursing home is often a difficult choice for everyone involved. If your loved one needs comprehensive care 24/7 or assistance with daily activities, such as dressing and bathing, a care facility may be exactly what they need to thrive during their golden years.

However, nursing home negligence has made headlines across the state, and no one is immune to this often tragic circumstance. If you know a resident who has experienced a lack of adequate care, keep reading. With this blog, the dedicated attorneys at Tomeny | Best explain who can file a nursing home negligence claim in Louisiana.

Examples of Nursing Home Negligence

Sadly, negligence comes in many forms, particularly at a nursing home. Whether the staff failed to provide necessary medical care or address the resident’s basic needs, such as hygiene and nutrition, you may have a valid claim.

Everyone deserves to live in safe and comfortable conditions, and negligence may not always be intentional. However, even if the facility was understaffed or the nurses were untrained, negligence could lead to severe medical conditions, emotional distress, or even death. If your loved one suffered harm while in a Louisiana assisted living facility, you may be able to file a negligence claim.

Who Has the Legal Right To File a Claim?

In Louisiana, residents have the legal right to file a claim for nursing home negligence. If that individual is incapacitated or otherwise unable to bring the claim personally, their personal representative, a Tomeny | Best attorney, or a court-appointed guardian could begin proceedings for the victim.

The individual’s representative could be an immediate family member, such as their spouse, child, parent, or sibling (in that order). If the individual passes away due to the facility’s neglectful practices, the estate’s executor may also file a claim on behalf of the decedent. In this case, we strongly recommend consulting with one of our lawyers to discuss the merits of a wrongful death lawsuit.

Why It Is Important To File a Nursing Home Negligence Claim

If your loved one was injured by a facility’s neglectful care, the resident has the right to sue for damages. Filing a claim is more than merely seeking justice. It could also help ensure accountability and prevent future harm to others.

The resident could also seek compensation for medical expenses, pain and suffering, and other damages, because the facility has the legal responsibility to provide for their patients. Our compassionate team of attorneys could hold the nursing home liable for failing to meet the state’s required standard of care.

Contact a Louisiana Attorney To Discuss Nursing Home Negligence Claims

Everyone who lives in a nursing facility is entitled to right and proper care. If you believe that your loved one is not getting their basic needs met by facility staff, it is time to consult with an experienced personal injury attorney at Tomeny | Best.

As the resident’s personal representative, guardian, or immediate family member, you have just one year to bring a claim, so do not delay. Contact us today to learn more about who can file a nursing home negligence claim in Louisiana.

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