Atlanta Nursing Home Abuse Lawyers
Placing an elderly loved one in a nursing home is one of the toughest decisions a person has to make. It can also be one of the most complicated. Unfortunately, with the increasing awareness of nursing home abuse and neglect across the country, choosing a good nursing home that will provide the best medical and emotional support for your loved one becomes especially difficult. Inadequate background checks, understaffing, poor training, and careless or insufficient administrative supervision are the main underlying causes of nursing home abuse and neglect, and all are inexcusable.
If your loved one was abused or neglected while in a nursing home, please contact Grant Law Office today. Our husband-and-wife team can discuss your case in a free consultation and explain your options. We can investigate the nature of your loved one’s injuries, determine who is liable, and advocate for your loved one’s best interests. Call us at (404) 995-3955 for experienced legal representation.
Nursing home abuse takes many forms, ranging from physical harm to a resident to financial exploitation. All of these actions violate nursing home residents’ rights, which include freedom from harm, abuse, neglect, and injuries. If a staff member abuses a resident, that staff member can be held liable in a civil claim. In addition, the facility that housed your loved one may also share liability for failing to hire competent employees and protect residents from harm.
- Physical abuse: Physical force used to inflict bodily harm or coerce a resident into doing something he/she does not want to do. Can include hitting, slapping, shoving, pinching, pushing, or tripping a resident.
- Mental, emotional, or verbal abuse: The use of intimidation, insults, threats, harassment, discrimination, and other traumatizing tactics. Staff and administrators are expected to treat residents with care and respect, especially if a patient has mental health issues.
- Sexual abuse: Any sexual behavior, including inappropriate touching or forced viewing of sexually explicit material, directed towards an elder.
- Financial exploitation or abuse: Illegal or improper use of an elderly person's resources, such as stealing personal items, manipulating the victim into writing checks, making fraudulent insurance claims, or coercing the resident to pay staff members for better care.
- Neglect: A caregiver's refusal or failure to provide essential services to the point that it threatens to harm or does harm the elder. Neglect can range from failing to provide appropriate medical care (such as checking for bedsores) to allowing a resident to be harmed by the inappropriate use of equipment.
- Self-neglect: A senior failing to care for him/herself. Many residents have dementia or Alzheimer’s, which makes it difficult for them to live independent lives. If a staff member allows a resident to become injured or malnourished due to a lack of supervision, then the nursing home can be held liable.
Elderly residents can suffer from a variety of debilitating conditions, from disabilities to chronic pain, and nursing homes should provide appropriate care and treatment. Even if a resident is difficult to care for, nursing homes should hire experienced staff and make sure that their facilities are up to code. Failing to protect a resident from abuse or neglect can result in catastrophic injuries to the resident, or even death.
If your loved one suffered an injury or died as a result of nursing home abuse, then you should not hesitate to pursue a claim against the facility. But first, you must determine how the abuse occurred and who can be held liable.
Because older adults are often dependent on the very people who are neglecting or abusing them, they rarely tell anyone else, which is why so many incidents go unreported. It is for this reason that others need to be aware of what signs to look for. Common signs of elder abuse and neglect, according to the Georgia Division of Aging Services, include:
- Slap marks;
- Unexplained bruises;
- Poor personal hygiene;
- Sudden change in accounts/finances;
- Altered wills;
- Dirty or torn clothes;
- Unusual bank withdrawals;
- Listlessness and fatigue;
- Withdrawal from everyday activities;
- Constant hunger/begging for food;
- Unexplained sexually transmitted diseases;
- Lack of medical or dental care;
- Bruises around the genital area or breasts; and
- The victim being left unattended for long periods of time.
If you suspect your loved one is being abused, you should not hesitate to contact the Georgia Ombudsman to investigate the facility or report abuse to the Georgia Division of Aging Services. These organizations work closely with Adult Protective Services (APS) to review each report of abuse and advocate for the safety and well-being of nursing home residents.
Meanwhile, work with a nursing home abuse lawyer to recover compensation for your loved one. Abuse often inflicts serious injuries or other medical conditions that impact your loved one’s health. Our husband-and-wife team can investigate the guilty party and advocate for the full value of your loved one’s injuries.
When you entrust your loved one to a long-term-care facility, you expect it to protect their health and ensure their safety. If your loved one suffered abuse at that facility, then it is important to determine who is liable for their injuries.
In most cases, liability is shared between staff members and the company in charge of the nursing home through a concept called respondeat superior. Here in Georgia, this doctrine is codified in O.C.G.A. § 51-2-2, which states that employers can be held liable for the actions of their employees if the employee was acting within the scope of his/her duties. With regard to nursing homes, this means that a facility can be found legally responsible when its staff member abuses or neglects a resident while at work.
Nursing homes are also responsible for performing thorough background checks on employees, training and hiring qualified staff, ensuring their facilities are free of safety hazards, and providing for the residents’ well-being. Failing in these duties, either through an act of negligence or exploitation, can also make a facility liable for your loved one’s injuries.
Determining how your loved one’s injuries were caused and who is responsible for compensating them will require an in-depth investigation. While the Georgia Ombudsman and Division of Aging Services can review the facility for abuse or neglect, you should have legal counsel to ensure that your loved one has a fair shot at getting compensation. At Grant Law Office, our husband-and-wife team can provide compassionate representation to ensure your loved one’s rights are protected.
A nursing home or other long-term elder care facility is required to provide adequate support and care to its residents; that is the bottom line. There is no excuse for their failure to do so, nor is there any excuse for subjecting patients to maltreatment. If you or a loved one has been abused by a nursing home care provider, the abuser and the home administrator may be held liable for the injuries and suffering they have caused. Contact the dedicated Atlanta injury attorneys at Grant Law Office today to learn more about your legal options at (404) 995-3955.
- Underpaid, Understaffed, and Undertrained – Georgia Nursing Home Negligence
- Federal Authorities Investigating Georgia Nursing Home
- Growing Elderly Population Increases Risk of Abuse
- Georgia Nursing Home Providers
- Georgia Healthcare Facility Regulation
Contact us today for a free and comprehensive case evaluation.
We require no legal retainer or upfront fees,
and you pay nothing unless we prevail.
Phone: (404) 995-3955
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