Louisiana Healthcare, Medical Malpractice, and Nursing Home Liability Attorneys
Experienced Louisiana Nursing Home and Malpractice Defense AttorneysAs more and more of the population in the United States ages, you may think that the long-term care industry is enjoying a lucrative boom, as greater numbers of people move into senior housing, assisted living facilities, or nursing homes. However, alongside a surge in residents in such facilities comes an increase in accusations that facilities are mistreating their residents.
Nursing home negligence and abuse allegations are on the rise throughout the United States, including in the State of Louisiana. Such allegations can involve accusing nursing homes and medical staff of injuring residents by making medical errors, not providing proper care, or intentionally harming causing harm. Whether or not there is a factual basis for a claim, defending against such allegations can be costly, especially if you do not have qualified legal representation.
For nursing homes, wrongful claims of abuse and injury can result in extensive and unnecessary liability, which can threaten the finances of the entire corporation, as well as affect a facility’s reputation in the community. Our experienced Louisiana lawyers have the necessary medical knowledge and legal experience to represent you and defend your medical facility or nursing home during settlement negotiations, and, if necessary, in court. Please do not hesitate to discuss your rights and options with Hudson, Potts & Bernstein today.
Claims of Mistreatment in Nursing Homes or Assisted Living FacilitiesEach nursing home abuse claim is unique and will allege different circumstances. Each claim should be individually reviewed and a distinct defense strategy developed to resolve the matter as efficiently and with as little impact on your business as possible. Some common claims a nursing home or assisted living facility may face include the following:
- Errors in dispensing or administering medication to patients
- Failure to adequately supervise or treat patients
- The mishandling of patients
- Negligent transportation or carrying of patients
- Failure to abide by a patient’s care plan
- Failure to keep, record, or maintain accurate and complete records on patients (including patient medication records)
- Failure to call in a doctor or specialist when the situation warrants
- Failure to properly monitor the patient’s vital statistics, resulting in a heart attack, stroke, or other serious medical conditio
- Failure to properly turn a patient in bed at night
- Failure to properly restrain a wandering patient in a wheelchair or bed
- Failure to be aware of or consider a patient’s medical history or preexisting medical conditions
- Failure to properly feed a patient in accordance with the patient’s medically prescribed diet
- Failure to heed and consider medication warnings and potential drug interactions when administering drugs to patients
- Failure to provide proper care and support to patients
- Failure to report a serious patient complaint or finding to a doctor or nurse on duty
- Failure to adequately or appropriately respond to a patient’s needs (including signs or symptoms of injury, stroke, or heart attack)
- Active cruelty toward a patient, including the intentional striking or hitting of a patient
- Verbal abuse that is directed toward a patient
- The hiring of unqualified or untrained staff
- The allowing of abuse toward residents by visitors
Many of the above involve different legal issues and standards. Some claims may involve medical malpractice principles, inadequate security claims, negligent hiring or supervision, assault, and more. In addition, there are many different staff members that can be the subject of such accusations, including:
- Nursing assistants
- Physical therapists
- Nurse practitioners
- Nursing home administrators
No matter who is accused of causing injury, the facility itself can also be held liable for any damages if the targeted individual is an employee of the nursing home. In addition to suing an alleged negligent or abusive healthcare provider directly, the injured patient may also sue the nursing home for negligent hiring, negligent supervision, and negligent retention of the negligent or abusive healthcare provider charged with committing the medical malpractice or negligence. This is especially true in cases where a particular nursing home employee has been accused or held responsible for patient abuse or neglect in the past.
Furthermore, the employing nursing home may be held responsible under the legal principle of respondeat superior, even if there is not a separate claim against the facility itself. In order to defend against such allegations, nursing homes should always seek the highest quality of defense representation possible.
Defending Against Allegations of Malpractice, Neglect, and Abuse
In our increasingly litigious society, many people rush to the courts if they believe any injury has been caused—even if the injury was not caused by negligence. In many cases, a resident may simply have fallen down and injured herself, not remember what happened, and not be able to explain that she fell. After discovering the injury, a loved one may jump to the conclusion that it was the result of neglect or abuse.
Any type of legal claim involving health care will require highly technical evidence and expert analysis. To defend against such claims, a defendant usually must retain its own medical expert to refute the evidence provided by the accuser. A medical expert may be able to review an injured patient’s medical records and testify that a health care provider’s standard of care did not fall below that of a ‘reasonable health care provider’ under the circumstances. You want to be represented by a law firm that understands the legal process and has significant resources and access to medical experts.