Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
When a family places a loved one in a nursing home, they trust that the staff will keep them safe. Too often that trust is broken. Neglect, untreated bedsores, falls, medication errors, and outright abuse cause serious harm to vulnerable residents who cannot always speak up for themselves.
As a New Orleans nursing home abuse lawyer, Allan Berger & Associates, P.L.C. has represented injured residents and their families across southeast Louisiana for nearly 50 years. We investigate what happened, review the records, and hold negligent facilities accountable.
If you need immediate help, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Your New Orleans nursing home abuse claim at a glance
|
Your question |
What Louisiana law says |
| Who can be held responsible? | The facility, its ownership, and individual staff whose neglect or abuse harmed the resident. |
| How long do I have to file? | Two years from the harm for injuries on or after July 1, 2024, under Louisiana’s two-year filing deadline. Some medical-care claims have their own limits, so ask promptly. |
| Can I recover if fault is shared? | Yes, if the resident is less than 51% at fault. Louisiana uses a modified comparative-fault rule with a 51% bar, effective January 1, 2026. |
| Do residents have legal rights? | Yes. Louisiana and federal law guarantee residents rights to safety, dignity, proper care, and freedom from abuse. |
| What does a lawyer cost up front? | Nothing. We work on a contingency fee, so you pay only if we recover money. |
Common signs of nursing home abuse and neglect
Families are often the first to notice that something is wrong. Unexplained bruises, cuts, or fractures can point to rough handling or falls, and bedsores, also called pressure ulcers, are a classic sign that a resident is not being moved or cared for properly. Sudden weight loss, dehydration, and poor hygiene often signal neglect of a resident’s most basic needs.
Other warning signs include frequent falls, medication errors or overmedication, and sudden changes in mood such as withdrawal or fear. Soiled clothing, unsanitary rooms, and call lights that go unanswered all suggest a facility that is understaffed or indifferent. If you see these signs, document them and ask questions, because early evidence makes a real difference.
The forms abuse and neglect can take
Harm in a nursing home takes many shapes. Physical abuse includes hitting, rough handling, or improper use of restraints, while neglect is the failure to provide food, water, hygiene, or needed medical care. Emotional abuse can be just as damaging, through threats, humiliation, or isolating a resident from others.
Financial exploitation, such as theft or misuse of a resident’s money, is another form families should watch for. Medical neglect covers ignored conditions, untreated infections, and medication mistakes that a careful staff would have caught. Each of these can support a legal claim when it causes injury to a resident, and several often appear together in the same facility.
How nursing home abuse cases are proven
Nursing home cases turn on records. Staffing logs, care plans, medication charts, and incident reports often reveal whether the facility met its duty of care. Understaffing and poor training are common root causes, and the documents tend to show it once they are properly reviewed.
Louisiana follows a modified comparative-fault rule, and facilities sometimes try to blame a resident’s pre-existing conditions for an injury. We work with medical experts to separate the natural course of illness from harm caused by neglect, and we move quickly because records can go missing. Reporting suspected abuse to the proper authorities is also important, and we can guide your family through that process.
How a New Orleans nursing home abuse lawyer can help your family
These cases are difficult to pursue alone, because the facility and its insurer control the records and have lawyers whose job is to protect the home. A nursing home neglect lawyer levels that imbalance. We act quickly to demand and preserve the staffing logs, care plans, charts, and incident reports before they can be altered or lost, and we bring in medical experts to review them. That combination often reveals understaffing or skipped care that the facility would rather keep hidden.
We also handle the practical side for a family already under stress. We guide you through reporting the abuse to state authorities, help arrange a safe transfer when needed, and take over every conversation with the facility and its insurer. A New Orleans elder abuse lawyer documents the full harm to your loved one, values the claim honestly, and negotiates for a fair result. If the home refuses to account for what it allowed, we are prepared to take the case to trial. Your family focuses on your loved one while we pursue accountability.
Get a Free Consultation With Our New Orleans
Nursing Home Abuse Lawyer
Compensation your family can recover
A nursing home claim can account for both economic and non-economic losses. The economic side includes the medical bills needed to treat the harm caused by neglect or abuse, as well as the cost of moving a loved one to a safer facility and any related care expenses. When wrongdoing causes a resident’s death, it can include funeral and burial costs.
The non-economic side recognizes the human toll, including the resident’s pain, suffering, emotional distress, and loss of dignity. When abuse or neglect proves fatal, the family may pursue wrongful-death damages for their loss. We make sure the claim reflects the full human cost of what happened, beyond the receipts alone, so the facility is held fully accountable for the harm it allowed.
What to do if you suspect abuse
If you believe a loved one is being harmed:
- Make sure they are safe and get medical attention if needed.
- Document injuries with photos and written notes, including dates.
- Report your concerns to facility management and to state authorities.
- Request copies of care records and incident reports.
- Keep a log of conversations with staff.
- Speak with a New Orleans nursing home abuse lawyer about your options.
How long you have to file a nursing home abuse claim in Louisiana
Louisiana generally gives you two years from the date of harm for injuries on or after July 1, 2024. Certain claims tied to medical care can have different deadlines, so it is wise to talk with a lawyer early. The sooner we begin, the more records we can secure before they are altered or lost.
Frequently asked questions
My parent cannot describe what happened. Can we still bring a claim?
Yes. These cases often rely on medical records, expert review, and physical evidence rather than the resident’s own account. Family observations, photographs of injuries, and the facility’s own documentation frequently tell the story, so a resident who cannot communicate clearly can still be protected and represented.
Will filing a claim get my loved one removed or retaliated against?
Residents are protected from retaliation under state and federal law, and a facility cannot lawfully discharge or punish someone for raising concerns. If a facility tries to push back, we can step in to enforce those protections and, when needed, help your family arrange a safe transfer to another home.
Is this nursing home abuse or medical malpractice?
It can be either, and sometimes both, which affects the deadlines and the process. Neglect by staff is handled differently from a physician’s medical decision. We review the facts to classify the claim correctly, because filing it the wrong way can jeopardize your right to recover, so an early case review matters.
How do I get the facility’s records?
You have a right to your loved one’s care records, and we can request them formally on your behalf. Acting quickly is important, since staffing logs, charts, and incident reports are the heart of these cases and can be altered or lost if a facility senses a claim is coming.
What will it cost my family to pursue this?
Nothing up front. We handle nursing home abuse cases on a contingency fee, so you pay legal fees only if we recover money for your family. The first consultation is free, which lets you understand your options without adding financial pressure during an already difficult time.
How much is a nursing home abuse case worth?
It depends on the type and severity of the harm, how long it continued, and the conduct of the facility involved. No lawyer can promise a figure up front, but we can give you a realistic range after reviewing the records and circumstances during a free consultation.
Why trust Allan Berger & Associates, P.L.C.?
Founded by Allan Berger in 1975, our firm has spent nearly five decades representing injured people and families across Louisiana. Attorney Berger and attorney Andrew J. Geiger have both been named Super Lawyers, and the firm holds the AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal skill and ethics. Gambit Weekly and Louisiana Legal Leaders have recognized our work as well.
Insurance carriers and facility operators know we prepare every case for trial, and that reputation gives our clients an advantage when it comes time to settle. From our office on Canal Street, we treat every family’s case with the preparation and personal attention it deserves.
You pay nothing unless we win, and your first consultation is always free.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.