Dealing with Nursing Home Abuse in Louisiana

In the last few years, Louisiana nursing home care ranked second-worst in the county (next to Texas), earning an “F,” especially for their poor staffing measures. Having to check a loved one into a nursing home is already sometimes stressful enough without also having to worry about the incidence of neglect and the potential for them to develop pressure (or bed) sores, as is common. Reports have indicated that there is widespread nursing home abuse and neglect in our state, and a strong need for more professional nursing staffers (and more staffers in general).

Louisiana Law and Nursing Home Abuse

State law acts to protect adults who cannot physically or mentally protect themselves. “Abuse” is defined as the infliction of physical or mental injury on an adult by other parties, including but not limited to such means as sexual abuse, abandonment, isolation, exploitation, or extortion of funds or other things of value, to such an extent that health, self-determination, or emotional well-being is endangered.

Isolation is sometimes of particular concern for families and relatives who cannot reach their loved ones in nursing homes. State law specifically defines isolation as:

  • Intentional acts committed for the purpose of preventing the adult from having contact with family, friends, or other concerned people;
  • Intentional acts committed to prevent an adult from receiving mail or telephone calls; or
  • Intentional acts that restrict, place, or confine an adult in a restricted area for the purposes of social deprivation (medical isolation for medical purposes not included).

Neglect is defined as the failure, by a caregiver or someone else who is responsible, to provide the proper or necessary support or medical, surgical, or any other care necessary.

The High Rate of Pressure Sores

Pressure sores (also known as bedsores or pressure ulcers) tend to develop on people who have spent a lot of time sitting or lying in one position, and can be prevented by ensuring that you move around, shift, or somehow reposition to relieve pressure in susceptible areas on the body. It is the duty of the nursing home to monitor and reposition and/or help residents with limited mobility so that they do not develop pressure sores. It is also important that they ensure that bedding and clothing are always dry.

Pressure sores can be identified as pink wounds that look like a blister or ulcer. Pressure ulcers are classified based on the depth of soft tissue damage, ranging from the least severe (stage 1) to the most severe (stage 4). There is a redness of the skin in stage 1; the appearance of an abrasion, blister, or shallow crater in stage 2; the appearance of what looks like a deep crater in stage 3; and exposed muscle or bone in stage 4. Neglected, late stage sores are especially problematic because they indicate longer periods of neglect and lack of treatment.

As of 2004, the Centers for Disease Control and Prevention (CDC) estimated that up to 28 percent of nursing home residents have pressure sores. Separate studies from 2008 found that patients from nursing homes (versus other living situations) are at a much higher risk of having pressure sores, indicating that nursing homes are most likely, indeed, the culprits. In fact, nursing home patients were more than five times more likely than other elderly people to have pressure sores.

It is important to be aware of particular risk factors for certain nursing home residents that can make them more susceptible to developing pressure sores. Those that:

  • Are chair- or bed-bound;
  • Cannot turn in bed;
  • Suffer from fecal incontinence;
  • Suffer from nutritional deficiency issues; or
  • Are underweight;

…all have a heightened sensitivity and chance of developing pressure sores.

There’s Help If You Suspect Neglect

If you suspect that someone’s life is in danger (from neglect or otherwise), you should call 911 immediately. Louisiana state law requires anyone whom has cause to believe that someone is the victim of nursing home abuse, neglect, or exploit to report the issue to a local or state law enforcement agency, and the agency will then conduct an investigation.

Otherwise, gathering the facts is ideal prior to confronting the nursing home’s administration. Specifically:

  • Document any pressure sores with pictures, what dates you see them, the severity, etc.
  • Research who on staff has been caring for your loved one, or if the nursing home is facing any other allegations of neglect.
  • Speak with a manager or supervisor about your concerns calmly and professionally.

If you need more information, the following services can also be helpful:

Our Louisiana Attorneys Provide Compassionate Representation

If you suspect your loved one is a victim of nursing home abuse or neglect, contact us today at (504) 522-7885 to review the options available to you. Our New Orleans medical malpractice attorneys will work to get the justice you deserve.