Georgia Nursing Home Abuse Lawyer

Nursing home abuse is an alarming issue that affects thousands of senior citizens across the country. Nursing homes and other long-term care facilities are responsible for protecting their residents; when they fail, legal action may be the only way to seek justice.

An experienced Georgia nursing home abuse lawyer can investigate the case, gather crucial evidence such as medical records and eyewitness accounts, and build a strong case against those responsible.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse obtain justice and compensation. Our law firm has a strong history of handling abuse cases with care and achieving substantial verdicts and settlements.

We leave no stone unturned, conducting thorough investigations to cover all aspects of the abuse, including medical costs, emotional distress, and other related damages. With our extensive knowledge of nursing home abuse claims, we effectively manage the legal process and work relentlessly to safeguard your rights.

Throughout the case, we provide compassionate and clear communication, ensuring you and your family stay informed, supported, and confident at every stage.

Types of Cases Handled by Our Georgia Nursing Home Abuse Lawyers

Nursing home abuse occurs when vulnerable residents in nursing homes or assisted living facilities suffer harm due to intentional actions or neglect by caregivers, staff, or other individuals within the facility. Our Georgia nursing home abuse lawyers handle a wide range of abuse and neglect cases to ensure that those responsible are held accountable.

Physical Abuse

Physical abuse involves the intentional infliction of bodily harm on nursing home residents. This assault can include hitting, slapping, kicking, or other forms of violent behavior. In some cases, improper use of restraints or forceful handling of elderly residents also constitutes physical abuse. 

For example, caregivers may use physical restraints unnecessarily, leading to injuries such as broken bones or bruising.

Mental and Emotional Abuse

Mental and emotional abuse involves actions that cause psychological harm or distress to residents. This type of abuse can include verbal threats, humiliation, intimidation, or isolation. Caregivers who use harsh language or ignore residents’ needs may cause severe mental distress, leading to depression, anxiety, or other emotional conditions.

Sexual Abuse

Sexual abuse in nursing homes occurs when residents are subjected to non-consensual sexual contact or exploitation. This form of abuse may be committed by staff members, other residents, or even visitors. Any inappropriate sexual behavior toward nursing home residents is a violation of their rights and dignity, causing lasting emotional and physical trauma.

Medical Malpractice

Medical malpractice in nursing homes refers to substandard care provided by medical professionals, which leads to harm or serious injury. Common examples include medication errors, failure to prevent or treat bedsores, and improper monitoring of residents’ health conditions. 

For instance, failing to address pressure ulcers in bedridden patients can result in serious infections, while medication mistakes may lead to dangerous drug interactions or overdoses.

Negligence

Negligence occurs when nursing homes fail to provide adequate care, leading to harm. Examples include poor hygiene, malnutrition, dehydration, and failure to prevent elopement (when residents wander away from the facility unsupervised). 

A neglect case might involve a resident developing severe dehydration due to a lack of proper hydration or suffering from malnutrition because of inadequate meals.

Financial Abuse

Financial abuse in nursing homes involves the exploitation of a resident’s finances. This could include unauthorized access to bank accounts, theft of personal belongings, or manipulation to gain control over assets. Caregivers or staff members might use a resident’s vulnerability to steal money or coerce them into signing over financial control.

Wrongful Death

When a resident dies as a result of abuse or neglect, it may lead to a wrongful death claim. Nursing homes that fail to provide proper care, leading to fatal injuries, infections, or untreated medical conditions, can be held responsible. 

Wrongful death cases often involve severe negligence or abuse, such as untreated infections or physical mistreatment that directly causes a resident’s death.

Understanding Your Legal Rights

Under federal and state laws, nursing home residents are entitled to protection and dignified treatment. These rights ensure that older adults in nursing homes and assisted living facilities receive the quality care they deserve and protect them from abuse, neglect, and exploitation.

One key piece of federal legislation is the Nursing Home Reform Act of 1987, which establishes standards for the care and safety of nursing home residents across the United States. 

Under this act, residents have the right to receive proper medical care, be free from physical and chemical restraints, and live in an environment free from abuse or neglect. The law mandates that nursing homes must provide services that maintain residents’ health, safety, and well-being, and it holds these facilities accountable when they fail to meet those standards.

In addition to federal protections, Georgia nursing homes are regulated by state-specific laws designed to protect older adults from abuse and neglect. 

The Georgia Department of Community Health oversees nursing homes and ensures compliance with state laws, including requirements for staffing, resident care, and safety. These regulations help to ensure that vulnerable patients receive proper care in nursing facilities.

Eligibility to File a Claim 

If a loved one has experienced nursing home abuse or neglect, various individuals are eligible to file a claim. In most cases, a family member or legal guardian may file a nursing home abuse lawsuit on behalf of the victim. In situations where the victim has passed away due to neglect or abuse, a wrongful death claim can be filed by surviving family members. 

Additionally, in some cases, nursing home residents who are mentally and physically capable can take legal action.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home neglect and abuse, several parties may be held legally responsible for the harm caused to residents.

The nursing home or care facility can be held liable if it fails to maintain adequate staffing levels, does not provide proper training, or ignores safety protocols. For example, if a facility is understaffed and that leads to neglect or improper care, the nursing home can be held accountable for nursing home negligence.

Individual staff members who engage in physical abuse, emotional mistreatment, or neglect are directly responsible for their actions. Care providers who harm residents through patient neglect, such as failing to provide necessary medical care or allowing residents to suffer from bedsores, can be held liable for their actions. 

Additionally, staff members who engage in sexual abuse or other forms of mistreatment can face both civil and criminal charges.

Medical malpractice may occur if doctors, nurses, or other healthcare providers employed by the nursing home fail to deliver appropriate medical care. This could include administering the wrong medication, neglecting to treat infections, or failing to monitor a resident’s medical condition. 

Such negligence can lead to severe injury or even death, for which medical professionals can be held accountable.

In some cases, third-party contractors hired by the nursing home, such as rehabilitation therapists or cleaning services, may contribute to the abuse or neglect. If contractors fail to provide proper care or create unsafe conditions, they may share liability for any resulting harm to residents.

Many nursing homes are owned by larger corporations, which can also be held liable for systemic failures. If corporate owners prioritize profit over safety, leading to inadequate resources, poor staffing, or unsafe conditions, they can be held responsible for the abuse or neglect within their facilities.

How Our Georgia Nursing Home Neglect Attorneys Can Help

At Nursing Home Law Center, our experienced team of Georgia nursing home abuse lawyers is dedicated to providing comprehensive legal support to victims of nursing home abuse and neglect. With a proven track record in handling these complex cases, we understand the devastating impact that abuse can have on both residents and their families. 

Our nursing home neglect lawyers have recovered millions in compensation for our clients, and we are committed to helping you seek justice, protect your loved ones, and hold negligent nursing homes accountable. Below are the key services we offer to guide you through the legal process.

Free Case Evaluation

The first step in seeking justice is understanding whether you have a valid nursing home abuse case. We offer a free consultation to discuss the details of your situation, review the evidence, and determine the best course of action. 

During this evaluation, we’ll answer any questions you have and explain the potential for recovering monetary compensation for your loved one’s injuries, medical bills, and emotional distress.

Case Investigation

Our team conducts thorough investigations to uncover the full extent of the abuse or neglect. We gather essential evidence, including medical records, witness statements, and facility inspection reports, to build a strong case against the responsible parties. 

Our investigation is designed to identify signs of nursing home neglect, such as poor hygiene, bedsores, malnutrition, or medication errors, and ensure all forms of abuse, including physical abuse and emotional trauma, are fully documented.

Filing the Claim

Once we’ve gathered the necessary evidence, our nursing home neglect lawyers will file a formal nursing home lawsuit on your behalf. We handle all aspects of the legal process, including submitting the required documents to the court, notifying the defendants, and adhering to all applicable Georgia statutes. 

Filing a claim ensures that your loved one’s rights are protected, allowing you to seek monetary compensation for the harm they’ve suffered.

Settlement Negotiation

In many nursing home abuse cases, a settlement can be reached without a trial. Our skilled attorneys will negotiate with the defendants and their insurance companies to reach a fair and just settlement that covers all damages, including medical expenses, pain and suffering, and any future care needs. 

We fight tirelessly to secure maximum compensation and hold the facility accountable for its negligence.

Trial Representation 

If a fair settlement cannot be reached, our trial attorneys are fully prepared to take your case to court. We have extensive experience in litigating nursing home abuse lawsuits and will advocate on your behalf before a judge and jury. Our goal is to ensure that those responsible for the abuse are held accountable and that your loved one receives the justice they deserve.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 300 Medicare-approved nursing homes in Georgia, and many of these facilities struggle with their overall ratings and inspections. Specifically, 206 of these homes, or 68.7%, have received an overall rating of below or much below average.

Health inspections present challenges, as 171 facilities, or 57%, scored poorly in this category. This rating suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.

Staffing levels are a critical concern, with 216 nursing homes (72%) receiving below-average ratings. This score reflects difficulties in providing consistent, adequate care for residents, which impacts their day-to-day well-being and long-term health.

Lastly, 165 nursing homes (55%) received low ratings in quality measures, indicating a significant issue in maintaining residents’ overall quality of care. [1]

The worst-rated Georgia nursing homes include: 

Nursing home abuse and neglect can take many forms, and the signs are not always immediately obvious. Here are some of the most common indicators that a nursing home resident may be suffering from abuse or neglect.

• Unexplained injuries such as broken bones, bruises, cuts, or burns
• Emotional and behavioral changes
• Poor hygiene
• Bedsores (pressure ulcers)
• Malnutrition and dehydration
• Fear of caregivers or other residents
• Financial irregularities
• Social isolation

What to Do If You Suspect Nursing Home Abuse

If your loved one is being abused or neglected in a nursing home or assisted living facility, taking immediate action is crucial to ensure their safety and well-being. Here’s a step-by-step guide on what to do if you suspect nursing home abuse:

Call 911 if There’s Immediate Danger

If you believe your loved one is in immediate physical danger or at risk of serious harm, don’t hesitate to call 911. Law enforcement can intervene and ensure the safety of the resident. Emergency responders can also document visible injuries, which may be helpful later if you pursue legal action.

Report to the Nursing Home Administrator or Management

If the situation isn’t life-threatening, but you still have concerns, notify the nursing home administrator or management. The facility is required to investigate allegations of abuse or neglect and take steps to protect patients. Keep detailed records of your communications with the administration, including dates, times, and responses, as these may be important later.

File a Complaint with Your Local Ombudsman’s Office

Every state, including Georgia, has a Long-Term Care Ombudsman program designed to advocate for the rights and well-being of nursing home residents. 

The Ombudsman investigates complaints related to nursing home neglect and abuse and mediates between families and facilities to resolve issues. Filing a formal complaint can initiate an external investigation and lead to corrective actions within the facility.

Contact a Nursing Home Abuse Lawyer

If your loved one has suffered abuse or neglect, it’s essential to consult experienced attorneys who specialize in elder abuse cases. A lawyer can help you navigate the legal system, file a lawsuit, and pursue compensation for medical expenses, emotional distress, and other damages. 

A legal professional will also ensure that those responsible for the abuse are held accountable, preventing further mistreatment of other vulnerable residents.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a loved one has suffered from nursing home abuse or neglect, families have the right to seek compensation through a nursing home abuse lawsuit. 

Economic Damages

Economic damages are meant to cover the financial costs directly associated with the abuse or neglect. These are quantifiable losses that can be calculated based on expenses incurred due to the mistreatment. Examples include:

• Medical bills
• Long-term care expenses
• Lost wages

Non-Economic Damages

Non-economic damages are intended to compensate for the intangible harm caused by nursing home neglect or abuse. These damages reflect the emotional and psychological toll that the abuse has had on the victim and their family. Examples include:

• Pain and suffering
• Mental anguish
• Loss of quality of life

Punitive Damages

In some cases, the court may award punitive damages in addition to economic and noneconomic damages. Punitive damages are not meant to compensate the victim but to punish the nursing home and its staff for egregious misconduct and deter similar behavior in the future.

The Cost of Hiring a Georgia Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that families may be concerned about the costs of pursuing legal action against a nursing home. That’s why our Georgia nursing home abuse lawyers work on a contingency fee basis. 

This means you won’t pay any upfront fees or out-of-pocket costs. We only get paid if we successfully recover compensation for your loved one through a settlement or verdict. 

This arrangement ensures that everyone has access to legal representation, regardless of financial resources, and allows you to focus on seeking justice without the added burden of legal fees.

You Have Limited Time to Take Legal Action in Georgia

In Georgia, there are strict deadlines, known as statutes of limitations, that determine how long you have to file a nursing home abuse lawsuit. Typically, for personal injury claims, including nursing home abuse and neglect cases, the statute of limitations in Georgia is two years from the date the abuse occurred or was discovered. 

However, certain factors may affect this timeline, such as if the abuse resulted in a wrongful death, which could have a different filing period.

It’s important to act quickly, as waiting too long can prevent you from seeking compensation for your loved one’s injuries. Consulting with an experienced Georgia nursing home abuse lawyer as soon as possible ensures that your case is filed within the legal timeframe, and helps preserve key evidence necessary to build a strong case.

Contact a Georgia Nursing Home Abuse Attorney Today!

If you suspect your loved one has suffered from nursing home abuse or neglect, don’t wait to seek help. At Nursing Home Law Center, our experienced team of Georgia nursing home abuse lawyers has a proven history of securing justice and compensation for vulnerable victims and their families. 

We understand the emotional toll these cases take, and we are committed to holding negligent facilities accountable while providing compassionate, personalized support throughout the legal process.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare