Nursing home abuse and neglect are tragically common in Georgia, including in Lawrenceville and surrounding areas. Many people feel blindsided and uncertain when the truth surfaces about the abuse or neglect of a loved one in a nursing home. But Georgia law grants nursing home residents certain rights and protections. You could be entitled to file a nursing home abuse claim to demand justice. With the help of a lawyer from the firm of Butler Kahn, you can seek compensation and accountability for your loved one’s suffering. The Lawrenceville nursing home abuse attorneys at Butler Kahn do not tolerate elder abuse or neglect in our community. We’re ready to help you hold bad actors responsible and seek the compensation your family needs to recover from this terrible ordeal.
How Common Is Nursing Home Abuse and Neglect?
Nursing home abuse and neglect are sad realities for many older Americans. According to data from the National Center on Elder Abuse (NCEA):
- Between 1 in 6 and 1 in 10 older adults who live in community dwellings experience some form of abuse each year.
- Self-reported incidents of elder abuse indicate 11.6 percent of nursing home residents experience psychological abuse, 2.6 percent experience physical abuse, 6.8 percent experience financial exploitation, 4.2 percent experience neglect, and 0.9 percent experience sexual abuse.
- Self-reported incidents of elder abuse are even higher among residents of nursing home institutions. Among these elders, 33.4 percent report psychological abuse, 14.1 percent report physical abuse, 13.8 percent report financial exploitation, 11.6 percent report neglect, and 1.9 percent report sexual abuse.
- Studies suggest that for every reported incident of nursing home abuse or neglect, almost 24 additional cases go unreported due to the victim’s shame, dependency, fear of retaliation, or physical or cognitive limitations.
What Are Some Examples of Nursing Home Abuse and Neglect?
Common examples of nursing home abuse and neglect include:
- Lack of toileting, changing, or cleaning
- Lack of assistance with eating or drinking
- Lack of assistance with walking or bathing
- Lack of participation in activities of interest
- Ignoring calls or cries for assistance
- Failing to provide necessary medical care
- Physical harm from hitting or shoving
- Force-feeding
- Berating, ignoring, ridiculing, or threatening
- Improper sexual touching or coercion
- Exposure to inappropriate sexual content
- Immobilization, dehydration, or malnutrition
- Theft of money, valuables, or personal items
- Identity theft, scams, and fraudulent schemes
- Misuse of power of attorney or other authority
- Financial extortion and manipulation
- Improper billing for medical services
What Are Some Common Signs of Nursing Home Abuse and Neglect?
You should look out for the following signs as possible red flags for nursing home abuse and neglect:
- Unexplained injuries, such as bruises, burns, or fractures
- Bedsores, infections, or poor hygiene
- Malnutrition or dehydration
- Sudden changes in behavior, including aggression, withdrawal, or depression
- Medication errors or over-medication
- Unsanitary living conditions, such as soiled bedding or foul smells
- Inadequate staff-to-patient ratios
- Lack of access to medical care or delayed medical treatment
- Social isolation or withdrawal from usual activities
- Excessive control over the resident’s social interactions
- Missing belongings or valuables
- Signs of fear or anxiety around certain staff members or caregivers
- Inadequate responses to complaints or concerns
- Poor record-keeping, such as incomplete or inaccurate medical charts
Are There Criminal Penalties for Nursing Abuse and Neglect?
Yes. Nursing home abuse and neglect are crimes at the state and federal levels. Many similarities exist between Georgia laws and federal laws that criminalize nursing home abuse, but Georgia goes one step further in protecting nursing home residents by laying out an explicit bill of rights for the residents of long-term care facilities. Both federal law and Georgia law classify elder abuse, exploitation, and neglect as felony offenses, punishable by up to $50,000 and 20 years in prison. State and federal laws also penalize those who threaten or intimidate nursing home residents after reports of abuse and those who willfully and knowingly obstruct investigations into reported abuse or neglect. This type of threatening, intimidating, or obstructing behavior is classified as an aggravated misdemeanor offense. It’s important to remember that any criminal charges are a separate matter from a civil lawsuit over nursing home abuse and neglect. It may be possible to bring a successful civil claim for nursing home abuse or neglect even if no one is ever charged with a crime.
Where Can I Report Nursing Home Abuse and Neglect?
If you suspect that nursing home abuse or neglect is happening, or if a resident tells you they are experiencing abuse or neglect, taking immediate action is essential. By filing a report right away, you can prevent further suffering and hold abusive individuals or organizations accountable. Call 911 in life-threatening situations. If the situation is less severe, you can file a report of nursing home abuse or neglect with any of the following:
- A nursing home administrator, director of nursing, or social worker
- A state or local long-term care ombudsman
- Your local police or Georgia law enforcement
- Georgia’s Adult Protective Services agency
- The Healthcare Facility Regulation Division of the Georgia Department of Community Health
What Monetary Compensation May Be Available Through a Nursing Home Abuse and Neglect Lawsuit?
If a loved one suffers from nursing home abuse or neglect in Lawrenceville, you could file a lawsuit seeking monetary compensation for the following:
- All related medical expenses
- Physical pain
- Emotional grievance
- Financial losses
- Funeral and burial expenses for cases resulting in wrongful death
- Punitive damages (when applicable)
What Is the Georgia Statute of Limitations for Filing a Nursing Home Abuse Civil Claim?
Georgia law gives you two years to file a civil personal injury lawsuit, including nursing home abuse and neglect lawsuits in Lawrenceville. If you don’t act before the deadline, you could lose your right to demand compensation for the abuse or neglect in court. The best way to keep your case on track is to work with an experienced Lawrenceville attorney. The nursing home abuse and neglect lawyers at the law firm of Butler Kahn can identify important deadlines and handle your case efficiently from day one.
Contact a Lawrenceville Nursing Home Abuse Lawyer
If you’re struggling to recover from the effects of nursing home abuse or neglect on a loved one in Lawrenceville, we understand that this is a difficult time for you. Our team of experienced Lawrenceville nursing home abuse lawyers at Butler Kahn are here to help you navigate this challenging situation. We offer free consultations to answer your questions and discuss your case, so don’t hesitate to contact us when you’re ready to discuss your situation.
