Nursing homes are vital institutions in our society. Tasked with caring for some of the most vulnerable members of the population, nursing homes have a duty to treat their residents with the attention, dignity, and respect our elders deserve. When they fall short of this responsibility and engage in elder abuse or neglect, the impact on older individuals’ lives can be traumatic and even fatal. This is why it is incumbent upon all of us to know how to recognize elder abuse and take steps to hold negligent institutions and staff members accountable for their actions.
If you suspect that your loved one has been the subject of elder exploitation, neglect, or abuse, a Georgia elder abuse lawyer can work to recover compensation for the losses they have suffered. The seasoned legal team at Bayuk Pratt will give you the support and advocacy you deserve for your elder abuse claim.
Call us today or contact us online for a free consultation with a nursing home abuse lawyer in Georgia.
What a Georgia Nursing Home Abuse Attorney Can Do for Your Case
Filing an elder abuse case can be a challenging and emotionally draining experience, and it is essential that you do not embark on this journey alone. A nursing home abuse attorney with a thorough knowledge of elder law in Georgia can help you:
- Understand your rights;
- Assess your options; and
- Plan an effective and efficient strategy for recovering the maximum elder abuse compensation available in your case.
By enlisting the services of the legal team at Bayuk Pratt, you get a distinct advantage. Our lawyers have served as senior lawyers at two of the biggest defense law firms in the world, where we mastered the art of protecting institutions and their insurers against claims of negligence and wrongdoing. Now, we are taking all the lessons we learned during that time and putting them to work for injured and vulnerable Georgians.
When you hire us, our attorneys can optimize your chances of success by:
- Ensuring you are aware of all nursing home regulations in Georgia and how they may affect your case
- Investigating all instances of nursing home neglect and abuse your loved one has suffered
- Identifying all liable parties so that we can hold them accountable to the fullest extent possible
- Negotiating with the institution’s insurance company for a fair package for your loved one’s losses
- Filing an elder abuse lawsuit on your loved one’s behalf to seek damages before a judge and jury
We will handle every aspect of your claim so that you can focus on the things that truly matter.
What Damages Can Be Recovered in a Nursing Home Abuse Lawsuit?
Seeking financial compensation for something as horrific as nursing home abuse might seem like an unusual step to take. After all, no amount of money can erase the pain and indignity your loved one has suffered at the hands of those who were supposedly responsible for their care. However, recovering a monetary award can have a deterrent effect, making it less likely that such instances of abuse will occur in the future.
Further, you and your loved one should not be responsible for the medical costs associated with their abuse. Your settlement or verdict can compensate you for all past, present, and future medical expenses stemming from the at-fault party’s wrongdoing. Your award will also offer compensation for your loved one’s pain, suffering, and reduced quality of life due to the neglect they have sustained. The amount available will depend on the type and severity of abuse they experienced, as well as the recovery time required.
Is There a Time Limit for Filing a Georgia Nursing Home Abuse Case?
If you notice clear signs of nursing home abuse, it is essential to act as quickly as possible to protect your right to recover compensation. The Georgia statute of limitations for nursing home abuse generally allows only two years from the date of the injury or diagnosis of neglect-related illness for you to file a lawsuit against the at-fault institution or party.
There may, however, be some exceptions to this limitations period, including:
- When the elder care facility actively hides the injury or the circumstances surrounding the negligence leading to the injury
- When the abuse results in mental incapacity
- When the injury does not manifest itself immediately
- When the nursing home is government-owned
By consulting a knowledgeable Georgia nursing home abuse lawyer from Bayuk Pratt, we can find out which deadlines would apply to your case. We will also ensure that you complete all filings promptly to avoid forfeiting your right to seek damages in court.
What Is Nursing Home Abuse?
Nursing home abuse is the mistreatment or neglect of elderly individuals residing in assisted living facilities or nursing homes. It can take many forms, including:
- Physical abuse, which involves the use of force that results in bodily injury, pain, or impairment
Emotional abuse, which includes verbal assaults, threats, intimidation, humiliation, and isolation - Sexual abuse, which is non-consensual sexual contact with a nursing home resident
- Financial exploitation, which involves the misuse or withholding of a resident’s financial resources
- Neglect, which occurs when a caregiver fails to provide essential care, such as adequate food, water, clothing, shelter, medical care, or protection from health and safety hazards
Other examples may include:
- Over-medicating or under-medicating residents
- Withholding necessary treatments
- Failing to protect residents from safety hazards
- Violation of residents’ privacy or dignity, such as taking unauthorized photographs or videos
It is essential for loved ones to remain vigilant and report any suspected instances of abuse to the proper authorities. Your attorney can advise you on how to file a nursing home complaint in Georgia to protect your loved one and others from repeat incidents.
What Are Reasons Why Nursing Home Abuse Occurs?
Several factors can contribute to the occurrence of nursing home abuse. They include the following:
- Understaffing is a significant issue, as overworked and underpaid caregivers may be more prone to frustration and abusive behavior.
- Inadequate training can also lead to unintentional neglect or improper care.
- Some nursing homes may hire staff without conducting thorough background checks, potentially employing individuals with a history of abusive behavior.
- Lack of proper supervision and management can allow abusive practices to go unnoticed or unreported.
- Elevated stress levels associated with caring for individuals with complex medical needs or cognitive impairments can also contribute to caregiver burnout and abusive behavior.
Reporting poor care in the nursing home and addressing these systemic issues is crucial in preventing nursing home abuse.
Are There Signs to Look for That Could Indicate Nursing Home Abuse?
Being aware of the warning signs of abuse or neglect in nursing homes is crucial for protecting your loved ones. Some signs to watch for include:
- Unexplained injuries, such as bruises, cuts, or fractures
- Sudden changes in behavior or mood, like depression, anxiety, or withdrawal from social activities
- Bedsores
- Poor hygiene
- Unsanitary living conditions
- Rapid weight loss
- Dehydration
- Use of excessive restraints
- Overmedication or undermedication
- Refusal to allow visitors or answer questions about a resident’s care
If you notice any of these signs, it is essential to take immediate action to ensure your loved one’s safety and well-being.
What Should You Do If You Suspect Nursing Home Abuse?
Knowing how to report nursing home neglect or abuse is an essential step in protecting vulnerable residents and holding abusive facilities accountable. If you suspect nursing home abuse or neglect, it is crucial to act quickly to protect your loved one.
The first step is to report poor care in the nursing home to the facility’s management and request an investigation. Document any evidence of abuse, such as photographs of injuries or detailed notes about incidents.
If the situation is not resolved satisfactorily, you can file a nursing home complaint in Georgia with the Healthcare Facility Regulation Division of the Department of Community Health. You should also consider contacting local law enforcement if you believe a crime has been committed.
Additionally, consult a Georgia nursing home abuse attorney who can guide you through the legal process and help you seek justice for your loved one.