Reviewing Laws with a Nursing Home Negligence Attorney in Gonzales, LA

by | Jul 13, 2018 | Legal

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In Louisiana, all seniors living in a nursing home facility has the legal right to expect a safe environment and a higher than average standard of care. Any failure to provide these standard rights to seniors deems the administrator and their staff liable for any injuries produced. A nursing home negligence attorney in Gonzales, LA assists families when a senior is abused or neglected.

Failure to Screen Employees

All nursing home administrators are required to screen their employees fully. A criminal background assessment and credit check are performed to mitigate common risks. The administrator must also contact the prospective employee’s previous employers, and they must determine if any complaints were filed against the candidate. The process is necessary to protect the senior from potential harm. Failure to screen employees makes the administrator liable for any injuries that are produced.

Safety Policies and Health Assessments

The nursing home must devise safety policies and complete health assessments. The safety policies must be followed by all workers to lower the chances of an accident. The administrator must provide a protocol for the workers to follow to lower common risks.

The administrator must conduct health assessments for each patient in their facility. The assessment helps the administrator identify signs of neglect, abuse and negligence. Any signs of these acts must be investigated thoroughly. The administrator must determine which employee is responsible for the criminal acts.

Following 42 CFR Section 483.25(h)

Under the federal regulation, the facility administrator must assess the premises for potential hazards that could lead to an accident. The administrator must also ensure that residents are receiving assistance as needed to prevent a fall or injury. Under the federal law, if the nursing home fails to provide the standard duty of care to any senior, the administrator is liable, and the family can file a lawsuit.

In Louisiana, nursing home abuse and neglect are heinous crimes and are a direct failure of the administrator. The administrator overseeing the facility is required to manage their employees and manage care for all patients in the facility. Families who need help can contact us to speak to a nursing home negligence attorney in Gonzales, LA right now.

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