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GET THE SUPPORT YOU DESERVE IN Georgia NURSING HOME ABUSE LAWSUITS
There are hundreds of nursing homes all over Georgia. Many of them are staffed by dedicated employees who work hard to care for their residents. However, many of these facilities are run in a shoddy, negligent manner. And when they are, your loved ones can be victimized at a time in their lives when they deserve rest and the best possible care.
Our Atlanta nursing home abuse attorneys can represent you if a family member has been hurt or killed as a result of negligence and misconduct in a nursing home. We have the experience, tenacity, and commitment necessary to help you and your family get the justice you deserve.
If you live in Atlanta, Augusta, Columbus, or anywhere in Georgia and you want to speak to our Georgia nursing home abuse lawyers about the mistreatment your loved one has received, please call Chance, Forlines, Carter & King, PC today at 404-760-7400 for a free consultation.
- Types of Nursing Home Abuse
- Signs of Nursing Home Abuse
- Wrongful Death in Nursing Homes
- Preventing Nursing Home Abuse
Contact our Atlanta Nursing Home Abuse Lawyers Now!
NURSING HOME ABUSE IN Atlanta
Can I Sue a Nursing Home?
When the actions or inaction of nursing home staff, management, or ownership result in harm, victims and their families are entitled to sue. All care facilities are upheld to medical and legal standards. When these standards are ignored or violated, individuals who suffer injuries have the right to seek justice through legal channels.
Elderly residents in nursing homes, assisted living facilities, and personal care homes throughout the Atlanta area deserve to be treated with dignity and respect. When that does not happen, legal recourse is available. Our law firm helps families understand their legal options and takes action against responsible parties who have caused harm.
If you suspect abuse or neglect, do not wait. An elderly family member in a dangerous situation needs help right away. Legal counsel from an experienced Atlanta nursing home abuse attorney can help you protect your loved one and pursue compensation for the harm they have suffered.
COMMON TYPES OF NURSING HOME ABUSE IN Georgia
When thinking about nursing home abuse, we often think in just those terms: about “abuse.” However, the reality is that nursing home residents are in danger of more than just active physical abuse – you also have to worry about neglect from poorly trained and underpaid nursing home staff members.
It is safe to assume that most nursing home employees try their best and behave with diligence and compassion. However, there are bad apples, and even the best employees can be undermined by profit-seeking administrators. What’s more, a growing number of nursing homes in Georgia are part of far-flung corporate empires that oversee thousands of facilities across the country. Suffice it to say, this is not a recipe for quality care.
Nursing home residents are often hurt by:
- Medical Malpractice – Normally, we tend to think of medical malpractice as a kind of pro-active error. A doctor nicks surrounding tissue during an operation or misdiagnoses an illness. And these types of things certainly (and tragically) happen in nursing homes. However, nursing home residents are also endangered by facilities trying to cut corners and costs, resulting in medical neglect that can injure or even kill these already vulnerable patients.
- Medication Errors – A type of medical malpractice, over or under medication, providing the wrong type of medication, and failing to watch for allergies or reactions can all result in serious harm to nursing home residents. In severe cases, this may result in a loss of life.
- Physical Abuse – Physical abuse may include beating, pushing, tripping, cutting, burning, or in any other way physically abusing a nursing home resident. This type of abuse is criminal and should result in charges being filed, but victims and their families are entitled to take civil action and seek justice aside from criminal proceedings.
- Sexual Abuse – In a sexual abuse case, the abuser is obviously criminally responsible for his or actions. However, it’s worth examining in more detail the role of the facility administration in these horrific cases. Administrators will often try and cut costs by hiring cheaply available applicants who lack necessary skills or, in extreme cases, even possess criminal records. And facilities are often under-staffed, which makes it easier for an abusive employee to continue exploiting a victim without being noticed.
- Shameful Neglect – When you entrusted your father, mother, grandfather or grandmother to the care of a long-term care facility, you rightfully expected that he or she would be treated according to acceptable standards of care. Unfortunately, many nursing home facilities lack properly trained staff or even proper staff levels. This often results in unsanitary conditions, viral and bacterial outbreaks, infection, parasite infestation, malnutrition, dehydration, and death.
- Pressure Ulcers – Also known as bed sores, pressure ulcers are one of the most common consequences of shameful neglect. When a resident is left lying in one position for lengthy periods of time, pressure placed on certain areas of the body can result in painful sores. Bed sores are a result of long-term immobility and may be linked to poor nutrition and general neglect as well. Left untreated, pressure ulcers may result in infection in the skin, bones, and joints. In extreme cases, bed sores may lead to sepsis and even death.
- Fall Injuries – Slip-and-fall injuries are among the most common in nursing homes and assisted living facilities, yet care providers routinely fail to protect patients from falls. Preventing these falls requires dedicated staff members who are willing to put in the effort required to monitor residents and keep them safe.
- Financial Exploitation and Fraud – Elderly nursing home residents are uniquely vulnerable to financial exploitation and manipulation. And because many of these residents lack significant financial resources, they are uniquely harmed by this exploitation. Nursing home employees are often poorly paid, and unethical staff members see their charges as supplemental income. They steal from residents and use physical and emotional manipulation to force residents to hand over credit card information, checking account numbers and cash.
Tracking down all of the leads in these cases takes persistence, skill and experience. Our nursing home abuse lawyers possess all three traits in abundance. We understand how to perform the difficult work of finding and proving all forms of nursing home abuse and neglect, and we understand how to navigate the legal system on behalf of our clients.
What is the Statute of Limitations for Nursing Home Abuse in Georgia?
In general, you have two years to file a nursing home abuse claim in the state of Georgia. There are exceptions that may be applicable in some cases that allow for an extension of this short statute of limitations.
Abuse victims and their families sometimes wait too long to take action, not realizing the clock is running. Past incidents of abuse or neglect may still be actionable depending on when they occurred and when the harm was discovered. Contact an Atlanta nursing home abuse attorney as soon as you suspect any form of mistreatment to make sure your rights are protected.
Warning Signs of Nursing Home Abuse and Neglect
Recognizing the warning signs of abuse early can make a real difference. Remaining vigilant is one of the most important things family members can do when a loved one lives in a nursing home. Warning signs are not always obvious, but they are almost always present.
Warning signs of physical and sexual abuse may include:
- Unexplained injuries
- Bleeding or bruising around genitals, anus, or breasts
- Sexually transmitted disease
- Broken bones that cannot be explained
- Unexplained injuries that appear repeatedly
Additional things to watch for include:
- Unusual changes in behavior
- Aggressive or violent outbursts
- Depression or anxiety
- A withdrawal from the nursing home community
- Visible discomfort around certain staff members
Signs of nursing home neglect may include:
- Failure to follow physician’s orders
- Bed sores or pressure ulcers
- Dehydration and malnutrition
- Rapid weight loss
- Rapid hair loss
- General uncleanliness
- An inability to focus
- Health issues that worsen without explanation
What is Considered Neglect in a Nursing Home in Georgia?
Nursing home neglect takes many forms. It does not always look like active cruelty. Sometimes it is simply a failure to provide basic care. Nursing home staff who are overworked, poorly trained, or indifferent may leave residents without proper attention for extended periods of time.
Neglect can result in pressure ulcers, malnutrition, dehydration, infections, and other serious nursing home injuries. Elderly residents who are left in bed too long, not turned regularly, or not given proper nutrition are at serious risk. These health issues can spiral quickly into life-threatening conditions.
Seniors in living facilities throughout the Atlanta area deserve proper, attentive care around the clock. When many nursing homes fail to provide that care, our Atlanta nursing home abuse attorneys are here to hold responsible parties accountable and protect the rights of elderly loved ones.
WRONGFUL DEATH IN NURSING HOMES
There are many types of nursing home abuse that can lead to a loss of life. However, while some nursing home wrongful death cases involve physical mistreatment, a shocking number involve gross neglect as well.
The process of death from neglect is slow and often painful. It can also be much harder to recognize than more obvious forms of mistreatment. Because they leave no marks, malnutrition, improper or inadequate medication, and other forms of elder neglect may go unnoticed by visiting loved ones – certainly much more than burns, lacerations, broken bones or bruises. Sadly, when neglect is the cause of wrongful death, evidence can easily be withheld by the care facility, leaving loved ones in the dark and without hope of recompense.
The nursing home abuse lawyers at our Atlanta law firm conduct full investigations into these cases to identify signs of mistreatment – including passive and intentional neglect – which can be very hard to prove. We know what to look for to strengthen nursing home wrongful death claims. We have the tenacity and resources necessary to expose those responsible and hold them accountable for the loss of your loved one’s life. We believe in justice for victims of elder abuse and neglect. We are here to represent your family and to help ensure justice is served.
How Long Does it Take to Settle a Nursing Home Lawsuit in Georgia?
Nursing home abuse and neglect lawsuits may take 18 months or more to settle. Much of this depends on the complexities of the individual case. A majority of these claims are settled pre-trial, which reduces the amount of time they last. When a case goes to trial, it may be 24 months or more before it is settled.
PREVENTING NURSING HOME ABUSE IN GEORGIA
At Chance, Forlines, Carter & King, PC, we understand that legal action is a necessary response to a tragedy. It’s not what anyone wants to happen. Prevention is the best approach when it comes to nursing home abuse.
These steps can help families remain vigilant:
- Researching potential facilities. The state of Georgia maintains an online database of all documented nursing homes. This database contains inspection reports. Online reviews are also useful for understanding a facility’s track record.
- Visit your loved one regularly. Frequent visits allow you to keep an eye on your elderly loved one and spot any warning signs of potential abuse early.
- Get to know the residents and administrators of the facility. Make yourself known. Acquaint yourself with other residents, especially your loved one’s friends. Other residents are often more willing to disclose abuse and neglect than the victim themselves.
Of course, you can take every precaution and still find yourself with an abused or neglected loved one. Sometimes, even the most careful preparation will not protect your elderly family member. This is not your fault. Neglect is never acceptable, and our Georgia nursing home abuse lawyers are here to fight hard for every victim we represent.
FAQs: Atlanta Nursing Home Abuse
What is emotional abuse?
When talking about nursing home abuse, emotional abuse can be lumped in with other areas, but it deserves its own definition. According to the Centers for Disease Control, in their report on Elder Abuse, Elder Emotional Abuse is defined as: “The infliction of anguish, pain, or distress through verbal or nonverbal acts. Emotional/psychological abuse includes but is not limited to verbal assaults, insults, threats, intimidation, humiliation, and harassment.” Treating an older person like an infant, isolating them from family members, or giving them the silent treatment are also examples of emotional abuse. Emotional distress caused by this type of abuse is a recognized harm that can be included in a nursing home abuse case.
What are the signs of financial abuse in nursing homes?
Nursing home residents are particularly vulnerable to financial abuse. Warning signs to watch for include unusual spending patterns, unexplained transactions, new credit cards or accounts opened in the elder’s name, large bank withdrawals, forged signatures, missing belongings, mood changes such as depression or anxiety, new changes to a will or power of attorney, and unpaid bills. Family members should remain vigilant about any changes in an elderly loved one’s financial situation and report potential abuse to state agencies and an experienced nursing home abuse lawyer.
What signs can I watch for that a nursing home attendant may be financially abusing an elder?
Someone may be financially abusing an older person if they are referred to as the elder’s “new best friend,” charge excessive amounts for services, have financial problems of their own, force the elder to change their will or bank accounts, make new financial decisions for the elder, use the elder’s credit cards without consent, use the elder’s property without permission, or use their trusted position to gain confidence while working against family members. If you notice these warning signs, contact our Atlanta nursing home abuse attorneys right away.
How do you collect evidence of nursing home abuse?
If you suspect your family member is a victim of nursing home abuse, report it immediately to state agencies and to the facility management. You’ll also want to gather evidence: photos of injuries, medical records, sudden changes in health, bank statements, transaction receipts, any new financial documents, and the contact information of involved parties. Document behavioral changes in your elderly loved one and interview other residents or witnesses. Get written statements about any events that could constitute abuse or neglect.
How common is nursing home abuse?
Nursing home abuse is not unusual. According to data reported by Nursing Home Abuse Justice, it’s estimated that every year as many as five million elderly individuals are abused. About one in four nursing home residents suffers from some type of abuse. Exacerbating the problem is the fact that these cases often go unreported. A 2016 study from the National Research Council found that only 1 in 14 cases of elder abuse gets reported, which allows perpetrators to continue causing harm.
What rights do nursing home residents have?
The rights inherent in a nursing home are no different from those in any patient/caregiver situation. The elderly person has the right to be free from abuse, neglect, intimidation, and fear. They have the right to a clean environment. They have a right to privacy. When these rights are violated, legal recourse is available. Seniors in living facilities should never have to accept mistreatment, and family members should know that an Atlanta nursing home abuse attorney can help them fight back.
What damages can be pursued in nursing home abuse cases?
Damages can be actual, such as the recovery of lost money from a bank account, plus punitive. Patients can sue to recover the costs incurred with medical bills, rehabilitation costs, physical therapy costs, and costs incurred to address these issues. Patients can sue for attorney fees. Pain and suffering can be financially addressed, along with additional punitive damages. Compensation for emotional distress is also available in cases involving emotional abuse or psychological harm.
What are the legal options for nursing home abuse victims in Georgia?
Abuse victims and their families have several legal options in Georgia. You can file a civil lawsuit against the nursing home, assisted living facilities, or personal care homes responsible for the harm. You can also report the abuse to state agencies that oversee these facilities. Compensation in a nursing home abuse case may include recovery of medical costs, rehabilitation costs, physical therapy costs, pain and suffering, and punitive damages. Our Atlanta nursing home abuse attorneys can help you understand all of your legal options during a free, no-obligation consultation.
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CONTACT OUR GEORGIA NURSING HOME ABUSE LAWYERS TODAY!
The attorneys at Chance, Forlines, Carter & King have decades of combined experience helping victims of nursing home abuse and their families get justice. Our top-rated, highly respected, and award-winning personal injury lawyers have secured numerous large settlements for victims of elder abuse and neglect, and we are prepared to take your claim as far as needed to see that your loved one is protected against further mistreatment and your family is awarded every penny you are due.
If you live in Atlanta or anywhere in Georgia, and are in need of an experienced nursing home abuse attorney, call Chance, Forlines, Carter & King at 404-760-7400 to schedule a free consultation today. We serve families living in Augusta, Columbus, Decatur, Savannah, and all surrounding Georgia communities.
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