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When can You Sue a Nursing Home for Negligence in Louisiana?

Placing a family member in a nursing home, particularly if the family member is suffering from a chronic illness, is an emotional decision for families. Many times, the family is unable to provide care to their family member because of their work or family commitments. Nursing homes are attractive to families because their loved ones receive 24/7 assistance.

A nursing home, convalescent home, rest home, or elder care facility can be held legally responsible – meaning that a personal injury or medical malpractice lawsuit can be filed – when an act of negligence, neglect, or abuse on the premises ends up causing harm to a patient or resident.

Behavior in nursing homes that can lead to a civil lawsuit include:

●      Failure to keep the premises reasonably safe and free of hazards;

●      Negligent hiring;

●      Negligent supervision;

●      Failure to maintain adequate health and safety policies; and

●      Failure to provide adequate medical treatment.

Standard of Care Regulations

Nursing homes must follow the standard of care contained in the federal regulations (42 CFR sec. 483.25(d)). The two main requirements of the federal regulations are that the nursing home must ensure that:

●      The residents’ environment remains as free of accident hazards as possible; and

●      That each resident receives adequate supervision and assistance devices to prevent accidents.

If the nursing home fails to comply with the regulations and a resident is injured, the nursing home may be sued under federal and state law.

Need a Nursing Home Abuse Lawyer?

When your loved one is injured at a nursing home or care facility, it is not always obvious what exactly went wrong and who might be legally responsible. It is important to seek advice and counsel from Louisiana’s Nursing Home Abuse Lawyers. At Mansfield, Melancon, Cranmer & Dick LLC, our nursing home abuse attorneys have experience handling elder abuse lawsuits and have the resources needed to help nursing home residents and their families seek redress of nursing home injuries.

Louisiana Nursing Home Abuse Lawyers at Mansfield, Melancon, Cranmer & Dick LLC, can help families solve unanswered questions regarding the death of a loved one in a nursing home facility. According to the federal government, 90% of all U.S. nursing homes are understaffed and the problem is expected to get worse as more baby boomers move into nursing home facilities. 

Contact Louisiana Nursing Home Abuse Lawyers today to schedule your free consultation. We have three convenient offices throughout the state of Louisiana: New Orleans (504) 500-1108, Baton Rouge (225) 612-0800, or Lafayette (337) 409-0003. You can also schedule your appointment via email at info@mansfieldmelancon.com or book an online appointment.

The law offices ofMansfield, Melancon, Cranmer & Dick LLC also represent victims of serious injuries or death because of negligence, defective products, premises liability, or strict liability matters including car accidents, spinal cord injuries, brain injuries, medical malpractice, boating accidents and motorcycle accidents. Book an online appointment with one of our Louisiana Nursing Home Abuse lawyers today.