As a nursing home lawyer Atlanta, GA families can count on for results, we take pride in helping families. If your loved one has suffered from the wrongdoing of employees of a nursing home, we can help. Our firm fights for the rights of people. When you work with us, you can feel confident knowing your case is in good hands. To schedule your free consultation with a personal injury lawyer in Atlanta, GA depends on, please call us today.
Nursing Home Liability
In general, a nursing home can be found liable for harm under corporate negligence which means the claim is based upon the institutional negligence of the facility rather than individual employees. This is because a nursing home owes its residents a duty to:
- Use reasonable care to ensure the facility and equipment are adequate and safe
- Have a proper amount of trained staff on hand at all times
- Retain competent staff who are trusted
- Oversee the operation of the facility to their best of their ability
- Enforce rules and policies that protect the residents of the home
In other words, it is up to the facility to ensure all of the elderly residents are out of harm’s way and are provided with necessary treatment as soon as an accident happens. Failing to exercise this reasonable care could result in an avoidable injury or death. This is known as negligence. If that happens, you should consider speaking to a nursing home lawyer Atlanta, GA citizens trust.
The Concern of Georgia Nursing Homes
According to a federal ranking of the quality of long term care facilities in the U.S.–which includes nursing homes–27.6% of elderly homes in Georgia have one star making it the second worst performing state. Families for Better Care has given Georgia a grade of “F” due to a lack of staff, personalized attention, and hygiene. Unfortunately, these problems can lead to a heightened risk of negligence or abuse. What’s even more concerning is that only approximately 1 in 6 victims report their suffering to a loved one or to a nursing home lawyer in Atlanta, GA. Read about What are some signs of abuse.
Recognizing Nursing Home Abuse
A nursing home lawyer Atlanta, GA offers may perform an in-depth investigation to determine how the nursing home abuse is taking place. Physical abuse is one of many types of nursing home abuse, and often the easiest to identify. Other types, which are more difficult to detect, may include emotional, mental, financial, or sexual abuse. Even if you’re not sure what is going on, but you know something isn’t right, it’s a good idea to get advice from an Atlanta nursing home lawyer.
Physical Signs of Abuse:
- Bruises, cuts, scratching, and/or abrasions
- Pressure sores
- Decubitus Ulcers
- Burns or scarring
- Marks from restraints
- Internal injuries
- Traumatic hair or tooth loss
- Sprains, broken bones, fractures, or dislocated joints
Signs of Emotional or Mental Abuse:
- Intimidation through yelling, verbal abuse, and threats
- Humiliation or belittlement
- Isolation from activities or other people
- Instilling fear into the resident
Signs of Sexual Abuse:
- Development of an STD or infection
- Vaginal or anal bleeding
- Stained or bloody undergarments
- Bruising around the breasts or genitals
Signs of Financial Exploitation:
- Misuse of bank cards, credit cards, bank accounts, or checks
- Missing belongings
- Missing social security income or other money
- Forging signatures
- Unauthorized account withdrawals or transfers
- Identity theft or fraud
Other Types of Nursing Home Abuse:
- Overdosing on medications
- Mismanagement of medications
- Unhygienic living area
- Malnutrition or dehydration
With nursing home abuse, it’s possible for multiple issues to occur simultaneously. A good nursing home lawyer Atlanta, GA residents trust will review images, medical records, and witness statements to determine the extent of the abuse.
Although every case is inherently different, in general, the settlement amount will depend on the abuse, evidence, history of abuse, staffing problems, and insurance coverage.
The following damages are recoverable:
- All related medical expenses
- Physical pain
- Emotional grievance
- Financial loss
- Punitive damages (when applicable)
Should negotiations fail to reach a settlement, a good nursing home lawyer Atlanta, GA respects will take your case to trial.
What to Do if Your Loved One is at Immediate Risk
If you believe your loved one is at risk for harm or injury while residing at a nursing home, you should contact an Atlanta nursing home lawyer as soon as possible. If your loved one is injured, you may want to get them immediate medical attention. Afterward, you can call a nursing home lawyer Atlanta, GA families trust to find out what your legal options may be.
Recognizing the Statute of Limitations
A nursing home negligence claim must be filed within a certain time period. Although this time can vary by state, it is usually two years from the time the injury happened. Failing to file a claim within this period could mean a dismissal. Some nursing homes also have requirements in place which must be met before filing. For example, the victim or loved ones may need an affidavit by a medical professional which supports the claim. Getting this can take time which is why the sooner you contact a nursing home lawyer Atlanta, GA trusts, the better.
What are the Different Types of Nursing Home Mistreatment?
When family members make the decision to place their senior relative in a nursing home, it likely wasn’t a conclusion they reached overnight. It can be emotional to realize that your loved one needs around-the-clock care by professionals who can tend to things like bathing, feeding, and mobility. Unfortunately, family members may be devastated and irate to find out that their senior relative has been mistreated by nursing home staff in some way.
Here we have covered the many ways that nursing home mistreatment can occur, so family members can feel more empowered in knowing what to do and what signs to look out for:
A: Nursing home abuse can take on many forms, including physical harm. A senior relative may have peculiar bumps, bruises, cuts, bed sores, and other wounds. It isn’t uncommon for these wounds to be located in areas that aren’t readily seen in typical interactions unless you take a closer look.
For example, a family member who wants to keep an eye on their relative may check areas like their stomach, back, upper legs and underarms for marks that he or she cannot explain. Physical abuse can be intentional by using restraints aggressively or neglect where the resident’s care is not being attended to in a reasonable manner or time-frame.
Psychological abuse can be a little bit more tricky to identify, since there may not be any physical marks associated with this type of mistreatment. A senior resident who is suffering from psychological abuse may be yelled at, criticized, made fun of, or otherwise shamed. Residents who are enduring such abuse may exhibit the following signs:
- Anxiety, depression, and isolation
- Withdrawing from loved ones
- Refusing to talk to anyone
- Changes in behavior or personality
- Frustration, anger, agitation, and impatience
- Seeming afraid and nervous
- Odd behavior like rocking back and forth
- Rejecting meals and medications
- Refusing to have certain caregivers attend to them
- Loss of appetite
A caregiver may take advantage by using their access to a resident’s financial information for their own benefit. A caregiver at the nursing home may steal money through purchases, apply for credit under the resident’s name, transfer money to their own bank account, force them to make changes to a will, or otherwise compromise the senior’s finances. Family members may want to review their senior loved one’s financial spending and investigate further for unusual purchases or transfers with the help of a nursing home lawyer in Atlanta, Georgia.
Neglect differs from abuse in that it is unintentional and often the result of poor staffing. If the senior’s needs are not being attended to properly, then it can have a negative impact on his or her health. Neglect can contribute to conditions like bed sores, weight loss, dehydration, and skin infections.
When to Call a Nursing Home Lawyer Atlanta, GA Families Can Count On
The idea of contacting a lawyer could provoke feelings of uneasiness. Naturally, you may have concerns about taking legal action against a business that is caring for a loved one. Although these are real concerns, they should not stop you from finding out what a nursing home lawyer in Atlanta, GA has to say. To schedule a free consultation with a nursing home lawyer Atlanta, GA has to offer, please call Butler Law Firm at (678) 940-1444.