Atlanta Nursing Home Neglect Lawyer

Nursing home neglect refers to the failure of caregivers to provide the necessary care and attention to residents. This neglect can manifest in various ways, each impacting the health and well-being of the elderly in these facilities. It is a serious issue that can result in devastating effects on the elderly.

If you or a loved one has been a victim of nursing home neglect, don’t hesitate to seek legal assistance. At Butler Kahn, we are experienced in bringing neglect cases and are dedicated to helping you and your family achieve justice. Contact us at (678) 940-1444 or reach out to us online to consult with a skilled nursing home neglect lawyer.

Gaining a better understanding of the nuances of nursing home neglect cases is important for those affected and who may be considering taking legal action. Below, Butler Kahn explores important information related to nursing home neglect, including why hiring a lawyer is essential if you or your loved one has been injured.

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Types Of Nursing Home Neglect

  • Physical Neglect: This type involves the basic needs of residents not being met. It includes inadequate feeding, poor hygiene, and failure to provide clean living conditions. Residents may appear malnourished, unclean, or suffer from bedsores due to lack of movement.
  • Medical Neglect: This occurs when the medical needs of residents are not properly addressed. It encompasses ignoring or improperly managing health conditions, not providing necessary medication or medical aids, and neglecting to prevent or treat bedsores or infections. This can lead to worsening health conditions or preventable illnesses.
  • Emotional And Social Neglect: Emotional neglect involves the failure to provide necessary social interaction and emotional support. Residents may be left isolated, ignored, or mistreated, leading to signs of depression, withdrawal, or anxiety. Social neglect can significantly impact the mental well-being of residents.
  • Neglect Of Basic Safety: This type includes failing to ensure the safety of the environment. It might involve inadequate safety measures, poor maintenance of the facility, and lack of supervision, resulting in accidents or injuries.
  • Neglect Of Personal Needs: This entails not assisting with daily personal tasks such as bathing, dressing, and grooming. It can result in decreased personal hygiene, dignity, and overall quality of life for the residents.

Causes Of Nursing Home Neglect

Nursing home neglect can stem from a variety of factors, often related to the management and operation of the facility.

  • Staffing Issues: One of the major causes is inadequate staffing. When there are not enough staff members to cater to the needs of all residents, neglect can occur. This can be due to budget constraints or difficulties in hiring qualified staff.
  • Lack Of Training: Staff who are not properly trained to handle the specific needs of elderly residents may inadvertently neglect their duties, including understanding medical conditions, providing appropriate emotional support, and ensuring safety measures.
  • Administrative Negligence: Sometimes, the administration of the nursing home fails to put in place proper procedures and protocols to ensure the care of residents. This negligence can trickle down and affect the quality of care provided.
  • Burnout And Staff Turnover: Caregiving can be a challenging job, leading to burnout among staff. High turnover rates can result in a lack of continuity in care, affecting the quality and consistency of attention given to residents.
  • Inadequate Oversight: Lack of oversight by regulatory bodies can also contribute to neglect. Without proper checks and balances, nursing homes might not adhere to the required standards of care.

It’s important for families to be aware of these signs, as it’s important to speak with a personal injury attorney if any “red flags” appear.

Liability For Nursing Home Neglect

When it comes to nursing home neglect, several parties could be held liable, depending on the situation. Liability means being legally responsible for the harm caused. Common liable parties in neglect scenarios include:

  • Nursing Home Staff And Caregivers: The individuals directly involved in caring for residents are often the first considered liable. If they fail to provide adequate care, food, medication, or attention, they can be held responsible for neglect.
  • Nursing Home Administration: The management of the nursing home can also be liable. This includes situations where neglect is due to understaffing, inadequate training, or failure to enforce policies that ensure the well-being of residents.
  • Nursing Home Owners: The owners of the nursing home can be held liable, especially if neglect is linked to cost-cutting measures that affect resident care, like understaffing or inadequate facility maintenance.
  • Third-Party Contractors: Sometimes, nursing homes outsource services like food, cleaning, or medical care. If neglect is linked to these third-party services, the contractors can also be liable.

Filing A Lawsuit Or Insurance Claim For Nursing Home Neglect

If a loved one has suffered from nursing home neglect, you can take legal action either by filing a lawsuit or an insurance claim.

To file a lawsuit, you generally need to prove that the nursing home or its staff failed in their duty to provide adequate care, and this failure led to harm or injury. It’s important to gather evidence, such as medical records, witness statements, and documentation of conditions in the nursing home.

Sometimes, you might need to file a claim against the nursing home’s insurance. This can be an option if the nursing home admits fault or the insurance policy covers the specific type of neglect that occurred.

In both cases, it’s advisable to work with an attorney experienced in nursing home neglect cases. They can help you through the legal process, help gather evidence, and represent you in negotiations or court.

nursing home neglect

Damages In Nursing Home Neglect Cases

Damages refer to the compensation that the victim or their family can receive due to nursing home neglect. Common damages awarded in neglect cases include:

  • Medical Expenses: This includes costs for treating injuries or illnesses caused by neglect, such as hospital bills, medication costs, and expenses for rehabilitation.
  • Pain And Suffering: Victims of neglect can be compensated for physical pain and emotional distress suffered due to neglect.
  • Punitive Damages: In rare cases, if the neglect is due to egregious or intentional misconduct, punitive damages may be awarded to punish the offending party and deter similar conduct in the future.

Also, if neglect leads to the death of a resident, the family can seek damages for wrongful death, which can include funeral expenses, loss of companionship, and other related costs.

Frequently Asked Questions

What Is Nursing Home Neglect?

Nursing home neglect is a failure to provide the necessary care and attention to residents, leading to harm or injury. This can include physical, emotional, or medical neglect, such as inadequate feeding, ignoring health conditions, or failing to provide a safe environment.

Signs of neglect include unexplained injuries, sudden weight loss, poor hygiene, emotional withdrawal, or unattended medical needs. If you notice these signs, it’s important to investigate further.

First, ensure the immediate safety of your loved one. Document any signs of neglect and report your concerns to the facility’s management. It’s also advisable to consult with a lawyer who is experienced in nursing home neglect.

Yes, if your loved one has suffered harm due to neglect, you can file a lawsuit seeking compensation for damages, including medical expenses and pain and suffering.

In Georgia, the deadline to bring a lawsuit (known as the statute of limitations) is generally two years from the date of the injury.

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Atlanta Nursing Home Neglect Lawyers

If you or a loved one is a victim of nursing home neglect in Atlanta or elsewhere in Georgia, it’s important to take the right steps to seek justice and compensation. At Butler Kahn, we understand the devastating effects on individuals and their families due to nursing home abuse and neglect. Butler Kahn nursing home neglect lawyers are here to help you navigate the legal process and fight for your rights. Don’t hesitate to reach out to us at (678) 940-1444 or contact us online for a consultation.

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Meet Jeb Butler

/ PERSONAL INJURY ATTORNEY

It’s pretty simple: a lawyer should be good at what he does, care about his clients, and live up to his word. That is how we have built this firm.

I’ve been handling exclusively personal injury and wrongful death cases for over ten years. Before that, I worked as a prosecutor, public defender, federal law clerk, and (briefly) as a civil defense lawyer. In law school I argued on the National Moot Court team, published on the Law Review, and graduated magna cum laude. Doing well in law school opened lots of doors for me but it was not until I started my own law firm handling serious injury cases that I opened the right one.

What I learned before law school has mattered the most. I learned to work hard, for a long time, at jobs that were not glamorous. I shoveled sod, mucked stalls, fed horses and cows, cut grass, and ran a weed-eater. I learned to weld and drive a tractor. I learned about pride in a job well done.

That is what drives me now. I want to win my client’s case, look them at the eye at the end when we deliver the check, and know that my firm has lived up to its word of delivering top-tier legal work and top-tier client service.

Meet Matt Kahn

/ PERSONAL INJURY ATTORNEY

Meet Matt Kahn

PERSONAL INJURY ATTORNEY

If you’re on our page looking for a personal injury lawyer, you and your family have likely suffered a serious loss. This page probably isn’t the first law firm website you’ve visited. Let me tell you what we can do for you.
The three most important things you should look for in a lawyer are experience, work ethic, and communication.

  • Experience – I’ve dedicated my career to fighting for people and families who’ve suffered unimaginable losses by focusing solely on personal injury and wrongful death cases. It’s all we do at Butler Kahn.
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