Abuse, neglect, and mistreatment have long been an issue in American nursing homes, including Atlanta facilities. Hundreds of thousands of nursing home residents suffer injuries, trauma, and financial losses from the actions of the people that are supposed to be caring for them.
In Atlanta, at least 47% of nursing homes have been cited for poor care. The Atlanta Journal-Constitution (AJC) newspaper reported 690 abuse and neglect cases across Georgia from 2015 to 2019. However, journalists also note that nursing home abuse cases often go unreported.
It’s no secret that abuse and neglect in nursing homes are widespread. If you or a loved one are a victim of this kind of injustice, the affiliate Georgia personal injury attorneys at Nursing Home Law Center, LLC can help you get the compensation you deserve.
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Call our Atlanta nursing home abuse lawyers at (800) 926-7565 or fill out this contact form for a free consultation. Let our skilled lawyers help recover the compensation that your family deserves.
Nursing home abuse is a single or repeated intentional act that causes a resident physical, psychological, or financial harm. It can result from negligence, carelessness, or malicious intent from employees, visitors, or other residents.
Elder abuse is a single or repeated act or lack of action that causes harm to an older person aged 60 and above. The mistreatment of an older person is considered elder abuse if it occurs in a relationship with an expectation of trust.
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Since over 90% of nursing home residents are senior citizens, elder abuse is the most common type of abuse in nursing homes.
The federal government created the 1987 Nursing Home Reform Act to define what services nursing homes must provide residents and establish standards for these services. This law aims to protect the legal rights of nursing home patients, including:
The Georgia Disabled Adults and Elder Persons Protection Act (Sections 30-5-1 through 30-5-11 of the Georgia Code) aims “to provide protective services for abused, neglected, or exploited disabled adults and elder persons.”
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The law also requires nursing home employees to report abuse or neglect. Failure to do so can result in a misdemeanor charge.
Nursing home abuse takes many forms and manifests in different signs. Family members need to learn about these abuse types and signs to recognize abuse or neglect before it worsens.
Physical abuse involves intentionally using force against a resident, causing physical injury, pain, or impairment. It includes but is not limited to actions like slapping, striking, kicking, burning, and pinching.
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Psychological abuse, also known as mental or emotional abuse, involves verbal and non-verbal acts that cause psychological harm to a resident. These acts may include verbal abuse, humiliation, intimidation, gaslighting, and geographical or social isolation.
Sexual assault or abuse is any unwanted sexual contact with another person. It can take many forms, including verbal sexual harassment, unwanted touching, sodomy, coerced nudity, and rape. Sexual contact with a person that cannot give valid consent is also regarded as sexual abuse.
Financial abuse, also known as financial exploitation, is the illegal, unauthorized, or improper use of a resident’s personal property, including money and assets. Financial abuse occurs in different ways, such as forging checks, stealing bank account information, and using an elderly person’s credit cards without authorization.
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Neglect occurs when nursing home staff fails to provide a patient’s basic needs, including food, medication, clothing, proper hygiene, and medical care, creating or increasing the risk of harm to a patient.
Elder abuse may manifest in signs that mimic those of dementia. An abused elderly person may become withdrawn, experience mood changes, and engage in self-neglect, indicators similar to early-stage dementia.
The signs of nursing home neglect and abuse may be similar to mental illness, such as irritability, personality changes, frequent crying, and self-neglect. Again, it is highly advisable to consult a mental health specialist if your loved one starts to show changes in behavior or personality.
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The consequences of abuse are more dangerous for the elderly. For instance, an older person is likelier to suffer more severe effects from less serious injuries, such as bed sores. Pressure sores may easily lead to cellulitis, bone infections, and even sepsis for someone older.
Call the Atlanta Police Department to report known or suspected abuse of a disabled or elderly person. If you think your loved one is in immediate danger, call 911 and have them removed from the premises immediately.
Atlanta nursing homes found guilty of negligence may lose their certifications or licenses. Similarly, perpetrators of abuse may face criminal charges if the police find substantial evidence against them.
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Nursing homes, assisted living facilities, and long-term care facilities owe patients quality care and freedom from mistreatment. Failure to exercise this reasonable care can lead to serious injuries and, in worst cases, wrongful death.
Did you or a loved one receive inadequate care or abuse in a nursing facility? If so, you could seek justice by filing a personal injury claim.
Regardless of who is directly at fault for the abuse, the nursing home owner or administrator may also be legally responsible for failing to protect patients from avoidable harm.
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When you file a claim against a care facility, its insurance company may offer you a settlement outright. You could accept the initial offer. However, insurance adjusters do not always offer fair payments to victims. You can no longer file for additional damages if you take the offer. That said, do not accept anything without consulting a lawyer first.
Your lawyer can negotiate a fair settlement on your behalf. But your lawyer could file a civil lawsuit if the facility refuses to make a better offer (or denies responsibility for the abuse or neglect).
During trial, a judge or jury will hear evidence from both parties before determining a verdict. The chances of winning the lawsuit will depend on several factors, such as the amount of evidence, the extent of the damages, and the other party’s defense.
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The statute of limitations in Georgia is two years from the date of the underlying incident. Unless there are exceptional circumstances in your case, you must file a personal injury lawsuit within two years.
Any kind of mistreatment in care facilities is unacceptable and often illegal, especially involving a disabled or elderly person. Unfortunately, many nursing home abuse cases go unresolved.
Don't stay quiet if you or a loved one are a victim of nursing home abuse. Let the experienced nursing home abuse lawyers at Nursing Home Law Center, LLC seek justice for you and your family.
Find Top Atlanta, Ga Nursing Home Abuse Lawyers Near You
Our affiliate Atlanta, GA attorneys have won countless nursing home abuse claims all over the country. Whether your loved one is a victim of physical, financial, sexual, emotional abuse, or neglect, we can help you recover the compensation that you deserve. You don’t have to pay for our services unless we win because we accept all cases on contingency.
Call our Fulton County law offices at (800) 926-7565 or use an online contact form for a free consultation. All confidential or sensitive information you share with our legal team will remain protected under an attorney-client relationship.
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
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After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. EricHome » Practice Areas » Personal Injury » Nursing Home Abuse Attorney » Georgia Nursing Home Abuse Lawyer » Atlanta Nursing Home Abuse
If your loved one has shown signs of mistreatment, then you may be entitled to bring legal action against responsible parties, and an Atlanta nursing home abuse lawyer can help. Call our team at & Mullins Law Firm today for a free consultation.
According to The National Consumer Voice for Quality Long-Term Care (The Consumer Voice), all nursing home residents have the legal right to quality care for their mental and physical health under the Nursing Home Reform Act of 1987. However, this is not always the case in nursing homes.
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If your loved one lives or lived in a nursing home in the Atlanta area, it is important to be aware of possible threats to their mental and physical health. Some of the forms of mistreatment that may occur in your loved one’s nursing home include:
The National Center on Elder Abuse recognizes several types of maltreatment that can occur in a nursing home and may be perpetrated against your loved one. Your loved one may display a cluster of symptoms, depending on the specific types of
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