Atlanta Nursing Home Abuse Lawyer

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Nursing homes are often the solution for many elderly family members as they approach the later part of their lives.

These families choose these centers with the expectation that their loved ones will be well taken care of, provided medicine at the right times, and in many cases, receive the help they need to accomplish basic tasks.

Their needs can be tended to by skilled staff, as once they can no longer care for themselves, they and their family will have comfort in knowing that they will receive medical care and attention as needed.

Most families research and vet nursing home facilities with their loved ones’ best interests in mind. Unfortunately, in some cases, what appears to be a safe, clean, and attentive nursing home actually represents a situation of elderly abuse and neglect.

Even when families and victims complete a meticulous vetting process of their nursing home options, some cases of abuse cannot be predicted and quickly become a nightmare when discovered.

Victims and their family members are left with trauma and devastating consequences that they are now left to handle.

Always report the abuse of older adults immediately to the Georgia Healthcare Facility Regulation Division (HFRD), and request an inquiry by long-term care ombudsmen.

At the same time, you can contact our personal injury attorneys in Atlanta to begin investigating your case and moving forward on a claim to recoup the damages your loved one has suffered.

Elderly abuse is one of the most serious issues facing older adults today. You can find an experienced and compassionate legal team when handling your nursing home abuse case at CEO Lawyer Personal Injury Law Firm.

Abuse is a serious crime and one that we can fight for you to find justice for. Schedule a free, no-obligation case review now with an experienced nursing home abuse lawyer in Atlanta when you complete the online contact form on this page.

How an Atlanta Nursing Home Abuse Attorney Can Help in Your Case

At CEO Lawyer Personal Injury Law Firm, we understand that each case will carry unique circumstances and evidence.

That’s why we are dedicated to reviewing each case and then developing a legal strategy with a high chance of securing justice for an older victim after enduring horrid conditions and treatment.

Taking action against a nursing home for negligence should not have to be something you delay. A nursing home abuse lawyer can lead the charge by helping you understand your legal rights and ultimately taking the reigns to build a strong case against the facility responsible.

Your Atlanta nursing home abuse lawyer should be able to:

  1. Investigate any claims and review evidence to determine liability.
  2. Negotiate settlements from the negligent party.
  3. Represent victims in court if a case goes to trial.

Battling for your elderly loved ones should not be a battle done alone. Working with the right nursing home attorney can be the key to receiving just compensation and future proper care for any damages sustained because of abuse and neglect.

Determining the Types of Damages in a Nursing Home Abuse Case

After reviewing your case, your Atlanta nursing home abuse lawyer will be able to identify who is liable and what compensation the victim is owed for their endured mistreatment. Victims can file damages that involve:

  • Economic Damages — Economic damages are actual financial losses incurred due to the abuse. This can be anything from recovering stolen money (financial abuse) to future medical bills and physical therapy to recover from injuries (physical abuse).
  • Non-Economic Damages — Non-economic damages are intangible losses proven to be a direct result of the abuse or neglect endured. This amount would be associated with psychological damages, like depression and anxiety, or loss of partnership. There are no caps on non-economic damages in Georgia unless they are medical malpractice cases, with a limit of $350,000.
  • Punitive Damages — Punitive damage claims are reserved for more extreme cases that involve reckless behavior, patterns of intent, and other wrongful acts. A case must proceed to a jury trial to be eligible for punitive damages, but these amounts can be high and worth seeking, especially since they serve as a deterrent for future abuse.

What is Nursing Home Abuse?

Nursing home elderly abuse happens more often than one thinks. In nursing homes and other long-term care facilities, two out of every three staff have reported that they have committed some kind of abuse or negligence within the past year.

Sadly, the amount of cases of abuse is not expected to decline.

As hard as families look to choose the best care facility for their elderly loved ones, the signs of abuse are not always upfront. The elderly are at risk of emotional, physical, financial, and sexual abuse by their supposed caretakers.

Abuse can be committed by the facility, a doctor, another patient, and even their nursing staff — and the results can be deadly if not addressed in time.

Elderly victims often have medical conditions or fears that limit them from defending themselves, and they can often feel powerless in a situation of abuse. But they should not have to deal with this alone.

With the support of their loved ones and an experienced nursing home abuse lawyer, victims can find justice and relocate to a situation that keeps them safe and cared for.

Are There Nursing Home Abuse Laws in Georgia?

Nursing homes across the state, including Atlanta, are required by state law to abide by rules and regulations. From how they administer nursing services to how the facility is operated, State law applies and expects that all facilities operate in ways that meet stringent rules.

Applicants who are being considered for employment at a nursing home facility must be background checked and reviewed for any possible history of harmful behavior, abuse, or neglect in other facilities.

In addition, applicants being considered for a nursing position will require contacting not just their former facilities but also the Nurse Aide Registry to identify any potential cases of neglect and abuse.

Identifying Different Forms of Abuse

The older adult population is protected by both the Elder Justice Act and the Nursing Home Reform Act, both of which declare and enforce legal protections for the older vulnerable population.

Abuse can take on many forms, and it is a harmful and possibly deadly behavior to a vulnerable elder. Different forms of abuse can be emotional, psychological, financial, physical, and sexual.

  • Emotional And Psychological Abuse can involve yelling and stating verbal threats that make an elderly resident feel unsafe and belittled. Often in these cases, the elderly are name-called, consistently insulted, and made to believe they are worthless. Emotional abuse can be linked to behavioral actions, such as scoffing and eye-rolling when they are making basic requests, like asking for medication or food.
  • Financial Abuse is when a caretaker manipulates an elderly person to make financial decisions that they do not want to do or are made to believe they need to buy or spend more on unnecessary services.
  • Physical Abuse is probably the most common form of reported abuse. This can involve hitting an elderly patient, forcing them to take medication or food when they do not want to, or neglecting them when they have soiled themselves or need help standing or moving. The victim may also be restrained without justification for extended periods. The impacts of physical abuse can lead to disastrous consequences, such as withholding food, water, and sanitary conditions that lead to further medical complications or even premature death.
  • Sexual Abuse is unwanted sexual attention and possibly even exploitation. In many cases, the elderly suffer from debilitating mental illnesses (like Alzheimer’s)  that render them unable to consent to such acts. This kind of abuse has been the least reported, accounting for about 1.9% of all reported cases by older adults living in skilled nursing facilities.

What Are Signs of Nursing Home Abuse?

Signs of potential abuse should never be ignored. Stepping in at the right time and preventing someone from suffering from trauma and the consequences of someone else’s actions.

One can look out for a wide range of warning signs, like hearing verbal abuse or seeing injuries from slaps and bruising. These should all be reported immediately to prevent the abuse from continuing.

Victims of nursing home abuse will display an array of signs that, when one pays attention, they will notice the following:

  • Emotional and Psychological Abuse — The elderly who experience this will show signs of depression, anxiety, fear, and sudden behavioral changes, especially around their aggressor or in response to certain triggers.
  • Physical Abuse — Cases of physical abuse show physical injuries like bed sores, weight loss, dehydration, and bruising from improper use of restraints. Patients will also appear dirty and like they have been sitting in their own soil for a while.

Signs of abuse should be taken seriously and immediately reported, as the longer a victim is exposed to it, the more trauma they will endure and run the risk of delayed recovery.

Understanding the Consequences of Nursing Home Abuse

Victims of nursing home abuse can are left to cope with trauma when they are often already dealing with mental and physical diseases. This can easily lead to further cognitive and physical decline, depression, and injuries that will take longer than usual for them to recover from.

Just like many other kinds of crimes, there are cases of nursing home abuse that go unreported each year.

Reasons range from the victim having no extended family or visits, to the nursing home being so severely understaffed that it is impossible to keep a close eye on symptoms that might not be noticeable if one doesn’t pay attention.

Abusing another person is never right, especially when those actions are against a vulnerable population. If you suspect any kind of abuse of an elderly person in a nursing home, you must report it immediately.

How Common is Nursing Home Abuse?

Unfortunately, nursing home abuse cases are becoming more and more common across the country. To make the situation worse, in the United States, about 5% of all nursing homes are flagged for abuse or neglect, including those operating in the State of Georgia.

A person’s life expectancy has risen (81 years for women and 76 years for men) from 68 years old in the 1950s. Because of longer lifespans and an increase in the older adult population expected in the upcoming decades, abuse cases are expected to rise.

Even though cases of abuse are becoming more common, it does not make them right. Dealing with a situation of elderly abuse is not easy and can be emotionally painful for loved ones apart from the victim.

Working with an experienced nursing home lawyer will have compassion and empathy for the victim and their families. Speak to an Atlanta nursing abuse attorney knowledgeable about nursing home abuse cases and who has your back.

They will not only review your case but also analyze the evidence and provide advice on your legal options.

Do Nursing Homes Have to Pass State Inspections?

All nursing homes across the state must abide by the rules and regulations set forth to ensure the proper care and treatment of elderly patients.

Whether an elderly person is suffering from the later stages of dementia or has physical ailments that prevent them from walking or performing functions to meet their basic needs, they have the right to reside in one of these centers expecting good treatment.

There is the expectation that qualified staff will be there to ensure their well-being. However, considering that many care facilities are already understaffed, even at times, the kind of abuse an elderly family member can experience is solely based on pure neglect.

The State of Georgia has ranked last in the nation for keeping up with recertification inspections, and at a time, about 80% of nursing homes across the state went over 18 months without an inspection.

Inspections are critical to ensuring the safety of patients and ensuring that they are receiving the care they need.

Taking a Nursing Home Abuse Case to Trial

While most cases of nursing home abuse tend to settle outside of the courts, there are some cases where that is not an option if the victim is to receive the justice and compensation they deserve.

Nursing home abuse cases are civil torts, and many similar cases are settled outside of the court system.

It is not easy to present a case to court, and often many find it intimidating. However, one must think that this singular case can possibly be part of a larger issue involving more than just one victim.

From its director to the nursing staff, there can be one or more at fault for the neglect that an elderly person faces. Cases can be against different parties associated with the nursing home. Your nursing home abuse attorney can help you through this difficult time, assembling evidence and preparing a strong case for trial built on the information they gather, the testimony of witnesses, and the input of experts in the field of older adult care, the effects of abuse, and the proper medical procedures.

A Nursing Home Abuse Lawyer Is the Answer

Abuse cases in nursing homes across the country are becoming a persistent issue that has shown no signs of fading away. While family members do their best to prevent these cases from happening, even the most diligent person can find their family member is a victim of abuse.

At CEO Lawyer Personal Injury Law Firm, know that you are not alone. Our team will do whatever is possible to hold negligent parties accountable.

Working with an experienced nursing home abuse lawyer can make a difference in ensuring that your elderly family member is provided with legal counsel and representation if they are victims of abuse.

Contact us today to schedule your free, no-obligation consultation. Our Atlanta nursing home abuse lawyers will gladly review your case and help you get the information and assistance to take a step forward in finding justice.

Call us today at (833)254-2923.

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