Despite legislation and state inspections aimed at ensuring the quality of care in nursing homes, many facilities fail to meet the standards necessary to protect their residents. Our team of experienced Georgia medical malpractice attorneys are committed to holding nursing homes and extended care facilities accountable when they fail to provide appropriate care, and to helping affected seniors and their families obtain the compensation they deserve.
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Why Choose Our Atlanta Nursing Home Abuse Lawyers?
What are the Legal Rights of Nursing Home Residents?
Who Can Pursue a Nursing Home Abuse Claim in Atlanta?
How an Atlanta Nursing Home Abuse Attorney Can Help?
Types of Nursing Home Abuse
What are the Warning Signs of Nursing Home Abuse?
Atlanta Nursing Home Abuse Frequently Asked Questions
Contact a Nursing Home Abuse Lawyer in Atlanta
Why Hire Our Nursing Home Abuse Attorneys in Atlanta?
If you believe that you or your loved one has suffered abuse in a nursing home or extended care facility in Georgia, contact our team at Julie A. Rice, Attorney at Law, & Affiliates, P.C. today to schedule a free consultation with one of our knowledgeable nursing home abuse lawyers in Atlanta.
We will work tirelessly to fight for justice on your behalf so that you or your loved one may receive the care and compensation you need to move forward.
Legal Rights of Nursing Home Residents
Nursing home residents have rights that are legally protected. The federal government has established a minimum standard of care for nursing homes through the Nursing Home Reform Act of 1987.
Some of the key rights that nursing home residents are entitled to include:
- Freedom from abuse, mistreatment, and neglect
- Freedom from physical restraints
- Accommodation of their medical, physical, psychological, and social needs
- The right to be treated with dignity
- The right to privacy
- The ability to make their own decisions
- The freedom to communicate freely
Furthermore, nursing home residents are entitled to voice grievances and enforce their rights under the law without retaliation.
Who Can Pursue a Nursing Home Abuse Lawsuit in Atlanta?
Nursing home abuse is a criminal offense, and abusers can face criminal charges. Furthermore, victims of nursing home abuse can also file a civil lawsuit to seek compensation for the damages they have suffered. If the victim is mentally incapacitated, their representative can file the lawsuit on their behalf.
Compensation can be claimed in a nursing home abuse lawsuit for various reasons, such as:
- Medical expenses resulting from the abuse
- Loss of income
- Pain and suffering
- Emotional distress caused by the abusive behavior
In situations where the abuse results in the death of the victim, their surviving family members or estate can file a wrongful death claim, seeking compensation for medical bills, pain and suffering, financial losses, emotional distress, and loss of companionship.
How Our Nursing Home Abuse Attorneys in Atlanta Can Help You
Proving nursing home abuse can be challenging, as the victim may not be able to communicate the details of the mistreatment. As such, a thorough investigation must be performed to uncover evidence that substantiates allegations of abuse. This evidence may include:
- Medical records
- Previous complaints
- Photographs
- Eyewitness testimony
- Noted observations from family and friends
To pursue a nursing home abuse lawsuit, it is recommended to seek the assistance of an experienced Atlanta nursing home abuse attorney. Our lawyers can provide you with guidance in gathering evidence and presenting the extent of the damages you or your loved one has suffered.
Types of Nursing Home Abuse
Nursing home abuse can take many forms, but it typically falls into one or more of the following categories:
- Physical Abuse – the use of physical force that causes bodily harm or injury to a resident, including hitting, slapping, pushing, kicking, or restraining a resident.
- Emotional Abuse – the use of verbal or non-verbal behaviors that cause emotional distress or mental anguish to a resident. Examples include intimidation, isolation, humiliation, or verbal aggression.
- Sexual Abuse – any unwanted sexual activity or behavior with a resident. This includes sexual assault, unwanted touching, or sexual exploitation.
- Financial Abuse – the misuse or theft of a resident’s property or assets, such as stealing money, forging checks, or coercing a resident to sign over their property or assets.
- Neglect – the failure of the nursing home staff to provide adequate care and assistance to a resident. Examples include failing to provide food, water, medication, or personal hygiene care.
Warning Signs of Nursing Home Abuse
Victims of nursing home abuse are often unable to speak up about their own abuse due to fear or medical conditions (such as dementia) that hinder them from reporting the abuse. It is, therefore, crucial for family members and other visitors to be vigilant and watch out for warning signs of abuse, so they can intervene if necessary.
The following are some warning signs that may indicate that your loved one is being abused or neglected in a nursing home:
- Physical injuries – unexplained injuries such as bruises, cuts, burns, or fractures may be a sign of physical abuse. Bedsores or pressure ulcers may also indicate neglect.
- Emotional changes – sudden changes in behavior such as a resident becoming withdrawn, anxious, or depressed could be a sign of emotional abuse.
- Poor hygiene – unsanitary living conditions, poor hygiene, or lack of personal care may indicate neglect.
- Malnutrition or dehydration – sudden weight loss or dehydration could be a sign that the nursing home staff may not be providing adequate food or fluids.
- Medication errors – incorrect dosage or administration of medication may indicate neglect or abuse.
- Unexplained financial transactions – unexplained withdrawals from bank accounts, missing personal items, or sudden changes in wills or powers of attorney may indicate financial abuse.
- Sexual abuse – unexplained injuries in the genital or anal areas, torn clothing, or signs of trauma could indicate sexual abuse.
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Atlanta Nursing Home FAQs
How can I prove nursing home abuse?
Evidence can include medical records, photographs, witness statements, staff records, and expert testimonies. An experienced attorney will know how to build a strong case based on the available evidence.
Is there a time limit for filing a nursing home abuse lawsuit?
Yes, there is a statute of limitations. In Georgia, the time limit varies based on the nature of the claim. It’s crucial to contact a lawyer as soon as possible to ensure you don’t miss the deadline.
How long does a nursing home abuse lawsuit in Atlanta usually take to resolve?
The duration can vary depending on factors such as the complexity of the case, the willingness to settle, and the court’s schedule. An attorney can give you a better estimate based on your circumstances.
Contact Our Team of Atlanta Nursing Home Abuse Attorneys Today
If you or a loved one has experienced nursing home abuse in Atlanta, take action now by contacting our experienced nursing home abuse lawyers. Our team of medical malpractice lawyers in Atlanta are dedicated to fighting for justice and seeking maximum financial recovery for our clients in these distressing cases.
Call Julie A. Rice, Attorney at Law, & Affiliates, P.C. at (770) 865-8654 or contact us today to schedule a free consultation and discuss your legal options. Don’t wait, let us help you hold those responsible accountable for their actions.