About Nursing Home Abuse
- Elder abuse in nursing homes, including physical, emotional, and financial harm, affects over one million people annually. It can take the form of active abuse such as hitting and sexual assault, or passive neglect such as malnutrition and poor hygiene.
- Common indicators of abuse or neglect include frequent falls, weight loss, dehydration, bed sores, urinary tract infections, and sudden behavioral changes.
- Residents are protected by federal and state laws, such as Georgia’s Bill of Rights for Residents of Long-Term Care Facilities, allowing victims to file claims for damages without exhausting administrative remedies.
Why Hire CSS for a Nursing Home Abuse Lawsuit
Nursing home abuse is a serious issue, and having skilled legal advocates by your side is essential for navigating the complexities of these cases. At Childers, Schlueter & Smith, we are dedicated to holding negligent nursing homes and their staff accountable for the harm inflicted on vulnerable residents. With years of experience in elder abuse litigation, our team is well-versed in federal and state laws, including Georgia’s Bill of Rights for Long-Term Care Residents.
When you choose CSS, you are selecting a firm that combines legal expertise with compassionate support during one of the most difficult times for families. We are committed to seeking justice and the compensation your loved one deserves while working to ensure that the abuse or neglect is fully exposed and future incidents are prevented.
“The abuse of senior citizens, either by hired caretakers or a nursing home, is an all-too-frequent problem. As Atlanta nursing home abuse lawyers, we see elder abuse and neglect on a routine basis, and there is no justifiable reason for it.”
Types of Elder Abuse
The Center for Medicare and Medicaid Services are among some of the government agencies that assist in overseeing the services and care nursing homes provide to the elderly. Even though there are governmental agencies overseeing these types of services, abuse continues to occur too often.
Elder abuse may take an active form involving hitting, punching, kicking, restraining, or sexually assaulting a senior. Elder abuse may also be passive — failing to provide adequate nutrition, medical care, hygiene, or sufficient activity. Emotional elder abuse may involve isolating or verbally berating the victim.
Therefore, elder abuse can come in the form of neglect, abuse, mistreatment, malnourishment, financial exploitation, or injury due to improper care. Elder abuse is a serious issue that can have dire consequences for the victim and their families.
Some reasons wherein elder abuse occurs include inadequate staff training, lack of employee care and attention, low wages, a shortage of staff available at the nursing home facility, and past criminal records of some of the employees. A skilled attorney could cite any of these issues in a nursing home abuse claim.
Nursing Home Abuse Warning Signs
Here are some warning signs that tend to show that some form of neglect or abuse is occurring:
- Repeated falls
- Change in condition or mental status
- Continual odor of urine or feces
- Medical conditions that are not taken care of immediately
- Urinary tract infections that become frequent
- Excessive weight loss and malnutrition
- Bed sores or pressure sores or decubitus ulcers
- Dehydration
- Sudden changes in resident’s behavior
- Isolation of the resident from others
- Lack of adequate clothing
- Broken bones or fractures
- Poor personal hygiene
Residents of nursing homes are protected under federal and state laws which require nursing homes to provide high-quality care and to respect the rights and integrity of residents. When a type of abuse occurs, or when a federal/state law is violated, a resident can file a complaint with several state and federal agencies.
The federal government created Medicare and Medicaid in 1965. The legislature created these to regulate the nursing home industry and ensure that the elderly were provided with high-quality care. Georgia passed what’s called the Bill of Rights for Residents of Long-Term Care Facilities found under O.C.G.A. § 31-8-126. Georgia, unlike the federal regulations, provides a cause of action for damages for a violation of a provision of the Bill of Rights. Not all administrative remedies have to be exhausted before filing a claim for nursing home abuse. A knowledgeable attorney in Atlanta could explain these elder abuse laws in more detail.
Call Our Atlanta Nursing Home Abuse Attorneys
If you or a loved one has been a victim of elder abuse, you may want to contact our Atlanta nursing home abuse lawyers to see how they can help protect your legal rights. Our lawyers have the knowledge, experience, and resources necessary to help you in your time of need.
Frequently Asked Questions
Nursing home abuse includes physical harm, neglect, emotional abuse, financial exploitation, and improper medical care. It can involve both active harm (hitting, sexual abuse) and passive neglect (failing to provide nutrition or medical attention).
Some common signs include repeated falls, bed sores, dehydration, unexplained weight loss, frequent infections, changes in mental status, and poor personal hygiene.
If you suspect abuse, document any signs or changes in your loved one’s condition, report your concerns to the facility management, and contact a nursing home abuse attorney. An attorney can guide you on reporting the abuse to appropriate authorities and help you gather evidence.
Abuse can be reported to local law enforcement, the Georgia Department of Community Health, or federal agencies like Medicare and Medicaid. Additionally, a personal injury lawyer can help file legal claims.
Filing a lawsuit typically involves gathering evidence of the abuse, identifying liable parties, and working with an attorney to build a case. Your lawyer will handle the legal filings, and negotiations, and represent you in court if necessary.
Yes, if your loved one passed away as a result of nursing home abuse or neglect, you may be able to file a wrongful death lawsuit. This type of claim seeks compensation for the emotional and financial impact of losing a loved one, as well as holding the responsible parties accountable.
Compensation may include medical expenses, pain and suffering, emotional distress, and in some cases, punitive damages depending on the severity of the abuse or neglect.
Generally, there is a two-year statute of limitations for personal injury claims in Georgia, but an attorney can guide you through specific time limits based on your case.
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