The new data released by the Louisiana Department of Health (LDH) shows nursing homes account for nearly half of the state’s total coronavirus deaths, with at least 152 resident deaths occurring in Baton Rouge Parish as of June 1, 2020, and revealing the largest outbreak at Old Jefferson Community Care Center. Overall, deaths among people aged 60 and above account for about 85% of the state’s total COVID-19-related deaths.

Resident reporting of sub-par care.

After the confirmation of COVID-19 in the United States, the Centers for Medicare and Medicaid, and the Centers for Disease Control outlined specific protocols to contain the spread of COVID-19 infection in nursing homes and long term care facilities. Facilities are responsible to keep residents safe from harm, and attend to their health, supported by measures outlined in state and local guidelines.  Under Federal Regulation 42 CFR sec. 483.25 (h), they must provide an environment free of hazards with ample supervision and adequate medical treatment to uphold the current medical standards of care.

If a resident notices a reduction of the standard of care during COVID-19, or is abused in any way due to the lack of family visitation and statewide inspections, they should report it immediately so they are protected from negative health outcomes. Louisiana nursing home residents are protected from victimization due to the requirement of reporting abuse or negligence, under R.S. 15:1504(A),  and can be prosecuted for failing to do so. These laws are in place to protect nursing home residents from abuse, and to protect them from retaliation through threats, harassment, and discrimination when they speak out about the negligent care, or abuse they have been subjected to, or witnessed.

Where to report.

Report nursing home or elder abuse in Baton Rouge LA by calling the Adult Protective Services who will investigate to assess the adult’s risk of harm. If APS concludes that the adult is at risk, it works to arrange for services to protect the adult from further harm. Reports of adult abuse may be made 24 hours a day, seven days a week, to 1.800.898.4910.  If you witness a life-threatening situation immediately call 911.

Legal counsel. 

Residents, or families can sue for monetary compensation for an injury resulting from abuse, neglect, or accidents and receive economic, non-economic and punitive damages for intentional misconduct or gross negligence. An experienced attorney can assist with these actions, or any wrongful death claims resulting from abuse when they occur.  If you have personally experienced nursing home abuse, or are a family member of someone who has, contact the Law Offices of Miller, Hampton and Hilgendorf for a consultation.

 

MILLER, HAMPTON & HILGENDORF

Address: 3960 Government Street

Baton Rouge, LA 70806

Phone: 225-343-2205

 

Sources:

http://www.legis.la.gov/Legis/Law.aspx?d=78522

http://goea.louisiana.gov/assets/legalservicesfiles/elderabuseandelderlyprotectiveservices.pdf

http://legis.la.gov/Legis/Law.aspx?d=508940

http://www.ldh.la.gov/index.cfm/page/120/n/126

 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *