Baton Rouge, LA – Nursing homes can potentially be sued for a number of reasons related to neglect and mistreatment. Many of these problems are due to understaffing, lack of training, and a simple lack of resources. Despite widespread awareness of the potential dangers of poor treatment in these facilities, it is still common for people staying inside to be harmed and the facility has to deal with the legal consequences of their actions.
The time during a pandemic or other large scale viral outbreak is also another situation when individuals in these facilities are extremely vulnerable. Any kind of contagious disease can spread quickly within the confines of a nursing home. Even illnesses that are not very dangerous to the general population have become catastrophic when many elderly and vulnerable individuals become ill in a confined space in a short area of time. Family members should be aware that they have a number of legal protections if they have had a relative die or experience significant health problems due to the neglect of staff and the facility’s administration.
Laws that allow individuals or families to sue a nursing home
All states have laws which allow various civil causes of action against a person or business that is responsible for injuries or fatalities. The broad term for this area of the law is tort law, and personal injury attorneys routinely bring cases related to neglect of duties and reckless behavior that causes harm to groups of people. The Louisiana Civil Code outlines various causes of action related to damages, negligence, and wrongful death. These laws generally say that a person who causes damages through their own fault is under an obligation to repair the situation.
Fatalities and civil lawsuits
In a more severe situation where a family member has actually died in a nursing home, there is a wrongful death law that covers legal action against the person or business responsible. Note that this is a civil statute, and the state or local government must handle all aspects of bringing criminal charges if any illegal activity is suspected in the person’s death. Certain relatives are allowed to bring the case on the deceased person’s behalf to cover their monetary losses. This normally includes compensation for the person’s regular income and earning potential, in addition to medical and funeral costs.
Speak with an experienced attorney in your area
The firm of Miller, Hampton, and Hilgendorf is a trusted source of advice for anyone who needs to bring a civil case in Baton Rouge and other parts of Louisiana. They focus their practice on nursing home neglect and abuse, along with other aspects of injury and accident law. Scheduling an initial consultation is the best way to receive advice related to how to proceed and if a lawsuit is necessary in your situation.
Firm contact information:
3960 Government St., Baton Rouge, LA 70806