Nursing Home Abuse Lawyers in Atlanta
If you suspect abuse or neglect in a Georgia nursing home, our attorneys are here to help
Of the more than 40,000 residents who occupy Georgia nursing homes and assisted living facilities, the vast majority of them are in good hands. However, as the population ages and more and more people rely on the services of understaffed and underfunded nursing homes, we are seeing more cases of abuse and neglect. Horrific cases of nursing home abuse and nursing home neglect occur far more often than many people might realize.
If a loved one has fallen victim to nursing home abuse or neglect in Georgia, count on Gary Martin Hays & Associates for vigorous legal representation in your nursing home injury case. Call 1-800-898-HAYS right now.
Our experienced nursing home negligence attorneys know how to gather all the relevant facts. We can collect medical records and interview witnesses. We're not intimidated by nursing homes — or their insurance companies.
Types of nursing home injuries
While sexual assault in nursing homes generally makes headlines, there are hundreds of other less sensational cases of nursing home injuries involving dehydration, bed sores, falls, or inadequate staffing. These cases are important to the families and victims — and they matter to us, as well.
If you have any reason to suspect that a loved one in a nursing home has been injured due to the reckless or negligent conduct of another resident or by nursing home staff, we urge you to contact our firm. Even if you are not sure what is happening, we may be able to help put your mind at rest or direct you to an appropriate authority.
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FAQ About Nursing Home Abuse and Neglect in Georgia
Find answers to common questions about nursing home abuse, neglect, and your legal rights in Georgia. Click on a question below to learn more:
- What are the signs of nursing home abuse or neglect in Georgia?
- What should I do if I suspect my loved one is being abused in a Georgia nursing home?
- Can I file a lawsuit for nursing home abuse or neglect in Georgia?
- Who can be held responsible for nursing home abuse in Georgia?
- What compensation is available for victims of nursing home abuse in Georgia?
- Can I file a wrongful death lawsuit if my loved one died due to nursing home abuse in Georgia?
- What are the time limits for filing a nursing home abuse lawsuit in Georgia?
- What types of injuries are common in nursing home abuse cases in Georgia?
- What evidence do I need to prove nursing home abuse or neglect in Georgia?
- Can I sue a nursing home in Georgia for inadequate staffing leading to neglect?
- How do I know if my loved one's injury was caused by neglect or just an accident?
- What should I do if the nursing home denies responsibility for my loved one's injury?
- Can I move my loved one to another nursing home during an abuse investigation in Georgia?
- How do I report nursing home abuse in Georgia?
- How much does it cost to hire a nursing home abuse lawyer in Georgia?
- How can a lawyer help with a nursing home abuse case in Georgia?
What are the signs of nursing home abuse or neglect in Georgia?
It's important to recognize the signs of abuse or neglect early, as your loved one may not be able to communicate what they're experiencing. Observing changes in their physical condition or behavior could indicate mistreatment. Common signs of nursing home abuse or neglect include:
- Unexplained Injuries: Bruises, fractures, or cuts that the staff cannot explain.
- Poor Hygiene: A lack of cleanliness, such as soiled clothing, unwashed hair, or dirty living conditions.
- Sudden Weight Loss: This could be a sign of malnutrition or dehydration.
- Bedsores: Pressure ulcers that develop when a resident is not moved regularly.
- Emotional Withdrawal: Changes in behavior, such as depression, anxiety, or sudden silence.
- Fear of Caregivers: If your loved one seems afraid of staff or flinches when they approach, it could signal abuse.
Spotting these signs early and taking action is key to preventing further harm. Consulting with a nursing home abuse lawyer can ensure your loved one is protected and that the facility is held accountable if abuse or neglect is occurring.
What should I do if I suspect my loved one is being abused in a Georgia nursing home?
If you suspect abuse, it's critical to act swiftly to protect your loved one. Immediate steps can help gather evidence and ensure their safety. Here are the steps to take:
- Document Everything: Take photos of injuries, living conditions, or anything else that seems off. Keep detailed notes of conversations with staff or management.
- Report the Abuse: Contact Georgia's Long-Term Care Ombudsman or the Georgia Department of Community Health to report your concerns.
- Talk to Management: Discuss the situation with the nursing home's management to ensure your loved one's immediate needs are addressed.
- Move Your Loved One If Necessary: If the situation is urgent, consider relocating them to another facility.
- Consult a Lawyer: A lawyer can help you navigate the legal aspects of the case, protect your loved one's rights, and hold the responsible parties accountable.
By involving a lawyer early, you can make sure the investigation is thorough and your loved one's safety is prioritized while ensuring you don't face this difficult process alone.
Can I file a lawsuit for nursing home abuse or neglect in Georgia?
You can file a lawsuit if you or your loved one has been a victim of nursing home abuse or neglect in Georgia. These lawsuits can hold the nursing home and responsible parties accountable for the harm caused. A lawyer can help you navigate the legal process, gather evidence, and pursue compensation for damages such as medical expenses and emotional suffering.
Who can be held responsible for nursing home abuse in Georgia?
In cases of nursing home abuse or neglect, several parties may bear responsibility depending on the circumstances. Identifying all liable parties is essential to pursue full compensation. Potential parties responsible include:
- The Nursing Home Facility: If the facility fails to provide adequate care, maintains poor staffing levels, or hires unqualified employees, they may be held accountable.
- Individual Staff Members: Caregivers who directly abuse or neglect residents can face both civil and criminal liability.
- Third-Party Contractors: Sometimes, outside vendors such as medical professionals or cleaning staff contribute to neglect.
- Nursing Home Administrators: Those who oversee daily operations may be liable if they fail to implement proper training or safety measures.
- Corporate Owners: Larger corporations that own and manage nursing home chains can be held accountable for policies that lead to systemic neglect or abuse.
Identifying all responsible parties requires a thorough investigation. A lawyer can help determine liability and ensure you pursue every avenue of justice to protect your loved one.
What compensation is available for victims of nursing home abuse in Georgia?
Victims of nursing home abuse deserve compensation for the physical, emotional, and financial harm they've suffered. Georgia law allows victims and their families to seek various forms of compensation to make them whole again. Compensation may include:
- Medical Expenses: Coverage for hospital visits, surgeries, medications, and long-term care needs.
- Pain and Suffering: Compensation for the emotional distress and physical pain endured due to the abuse or neglect.
- Loss of Quality of Life: If the abuse has impacted the victim's ability to enjoy life, they may be entitled to damages for this loss.
- Punitive Damages: In cases of particularly egregious abuse, the court may award punitive damages to punish the wrongdoer and deter future misconduct.
Securing fair compensation is not just about recovering losses but also about holding those responsible accountable. Working with an experienced lawyer ensures you receive the maximum compensation possible and helps prevent future abuse.
Can I file a wrongful death lawsuit if my loved one died due to nursing home abuse in Georgia?
Losing a loved one due to nursing home abuse is devastating, but you may be able to file a wrongful death lawsuit to hold the facility accountable and seek justice. Here's what to know about filing a wrongful death claim:
- Who Can File: In Georgia, the surviving spouse, children, or parents of the deceased may file a wrongful death lawsuit. If none of these relatives exist, the estate's representative can file the claim.
- What Can Be Recovered: Compensation may include funeral expenses, medical bills, pain and suffering endured by your loved one before death, and loss of companionship.
- Time Limits: Georgia law sets a statute of limitations on wrongful death claims, typically two years from the date of death.
Consulting with a lawyer can help ensure you meet all deadlines, navigate the legal process, and pursue the justice your loved one deserves.
What are the time limits for filing a nursing home abuse lawsuit in Georgia?
In Georgia, the statute of limitations for filing a nursing home abuse lawsuit is generally two years from the date of injury or discovery of the abuse. It's important to act quickly, as missing this deadline could prevent you from recovering compensation. Consulting with a lawyer early ensures that all timelines are met.
What types of injuries are common in nursing home abuse cases in Georgia?
Nursing home abuse and neglect can result in a wide range of injuries, some of which can have long-lasting or even fatal consequences. Recognizing these injuries can help you determine if your loved one has been mistreated. Common injuries include:
- Bedsores: These develop when a resident is left immobile for extended periods without proper care.
- Fractures: Often caused by falls due to lack of supervision or improper assistance.
- Malnutrition and Dehydration: Signs include sudden or significant weight loss, hollowed eyes or cheeks, dry hair or skin, fatigue or irritability, UTIs or kidney problems, dizziness, and increased confusion.
- Head Injuries: Resulting from falls, physical abuse, or lack of supervision.
- Infections: Caused by unsanitary living conditions or untreated injuries.
- Emotional Trauma: Psychological harm caused by verbal abuse, neglect, or isolation.
A lawyer can investigate whether these injuries were the result of abuse or neglect and help hold the responsible parties accountable for your loved one's suffering.
What evidence do I need to prove nursing home abuse or neglect in Georgia?
Proving nursing home abuse or neglect requires gathering substantial evidence to support your claim. This evidence will help build a strong case to ensure the responsible parties are held accountable. Key evidence includes:
- Medical Records: Documentation of injuries, treatments, and any signs of neglect or abuse recorded by healthcare providers.
- Photographs and Videos: Visual evidence of injuries, living conditions, or other signs of neglect.
- Witness Statements: Testimonies from other residents, family members, or staff who witnessed the abuse or neglect.
- Facility Records: Inspection reports, staffing logs, and training records can provide insight into the facility's operations.
- Expert Testimony: Medical experts or professionals familiar with nursing home care can help explain how the neglect led to your loved one's injuries.
An experienced nursing home abuse lawyer can help you collect the necessary evidence and present a compelling case for justice and compensation.
Can I sue a nursing home in Georgia for inadequate staffing leading to neglect?
Inadequate staffing is a common cause of nursing home neglect, and you can sue if it led to harm. Understaffing can result in poor care, neglect of residents' needs, and preventable injuries. A lawyer can help demonstrate how the nursing home's failure to provide adequate staff directly contributed to your loved one's suffering.
How do I know if my loved one's injury was caused by neglect or just an accident?
Determining whether an injury was caused by neglect or was simply an accident can be challenging, especially in a nursing home setting. There are several factors that a lawyer can help you assess. Things to consider include:
- The Nature of the Injury: Injuries like bedsores or repeated falls often point to neglect, while others may be harder to identify as neglect-related.
- The Nursing Home's Response: A lack of clear explanation or refusal to provide details about the incident can indicate neglect.
- The Resident's Medical History: Review whether proper care was provided based on the resident's known medical conditions and care plan.
- Staffing Levels: Chronic understaffing can lead to accidents that could have been prevented with proper supervision.
If you're unsure whether your loved one's injury was caused by neglect, consulting with a lawyer can help clarify the situation and determine whether legal action is warranted.
What should I do if the nursing home denies responsibility for my loved one's injury?
If the nursing home denies responsibility, you should continue gathering evidence, such as medical records, photographs, and witness statements. It's also important to consult an attorney who can conduct a thorough investigation and challenge the nursing home's denial. A lawyer will ensure those responsible are held accountable, even if the facility refuses to accept blame.
Can I move my loved one to another nursing home during an abuse investigation in Georgia?
You can move your loved one to another facility during an abuse investigation if you feel their safety is at risk. Moving them ensures they are no longer in harm's way while the investigation continues. A lawyer can help you navigate the transfer process and protect your loved one's rights throughout the investigation.
How do I report nursing home abuse in Georgia?
You can report nursing home abuse in Georgia by contacting the Georgia Department of Community Health or the Long-Term Care Ombudsman Program. These agencies investigate reports and can take action to protect residents. Additionally, consulting with a lawyer can help you take legal steps to ensure your loved one's safety and pursue justice.
How much does it cost to hire a nursing home abuse lawyer in Georgia?
Most nursing home abuse lawyers in Georgia work on a contingency fee basis, meaning there are no upfront costs, and you only pay if they win your case. This ensures that anyone can seek legal representation, regardless of financial circumstances. A lawyer can provide a free consultation to assess your case and explain the fee structure.
How can a lawyer help with a nursing home abuse case in Georgia?
Navigating a nursing home abuse case can be overwhelming, but a lawyer can provide valuable support and guidance. Here are the ways an attorney can help:
- Investigating the Case: Lawyers can gather evidence, interview witnesses, and assess whether abuse or neglect occurred.
- Filing Claims: A lawyer will handle all the legal paperwork, ensuring your claim is filed within Georgia's statute of limitations.
- Negotiating Settlements: Attorneys can negotiate with nursing homes and insurance companies to ensure you receive fair compensation.
- Litigating the Case: If a settlement can't be reached, your lawyer will take the case to court and advocate on your behalf.
- Offering Peace of Mind: With a lawyer handling the legal process, you can focus on supporting your loved one's recovery or mourning their loss.
Having a lawyer by your side ensures that your case is handled professionally, and that justice is pursued to the fullest extent possible.
When a nursing home patient who is shown to be prone to falls is not properly managed, the risk of broken bones and even traumatic brain injury becomes severe. The Annals of Internal Medicine reports that roughly 1,800 nursing home deaths occur each year in this country due to falls.
A fall risk assessment is part of the intake process for every nursing home patient in Georgia. Failure to follow a patient's fall prevention protocol constitutes a form of nursing home neglect. Sometimes, inadequate staffing is a contributing factor. A resident who calls for assistance moving from one room to another may get no response and attempt to move on their own, leading to a fall.
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Bed Sores
Nursing home regulations establish clear guidelines for preventing bed sores on patients known to be at risk, such as any patient who is unable to reposition themselves. If you suspect your loved one may be suffering from bed sores, check their heels, the back of the head, shoulder blades, and buttocks, where bed sores caused by nursing home neglect often first appear.
Bed sores are wounds that occur due to lack of blood flow to certain areas of the body, as may occur with a bedridden or wheelchair bound resident who is not repositioned every two hours as required by law. Bed sores are a sign of nursing home neglect.
The continued and unrelenting pressure on certain areas of the body decreases circulation, robbing the skin in these areas of oxygen. Bed sores can easily become infected — a potentially fatal condition.
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Malnutrition
Nursing home malnutrition has the potential to directly contribute to a patient's death. It is the legal responsibility of the nursing home to determine how able patients are to feed themselves if hungry — simply bringing food to the room is not enough. Malnutrition is a form of nursing home neglect that can lead to a rapid decline in health or even death.
Signs of malnutrition include:
- Clothes become noticeably looser
- Appearance of weight loss
- Dentures no longer fit
- Sudden loss of hair or healthy teeth
- Non-dementia related confusion
- Sunken eyes
- Slow healing of minor cuts/bruises
We have found through experience that malnutrition in nursing homes is often linked to inadequate staffing. The nursing home may be liable for the mistreatment of patients on a broad scale.
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Dehydration
Dehydration is a form of nursing home neglect that can lead to serious health problems for the victim. Low blood pressure and other conditions resulting from severe dehydration can be life threatening. For elderly nursing home residents, whose sense of thirst may already be compromised and who may be taking medication that makes them especially susceptible to dehydration, even moderate exposure to the effects of dehydration may cause any of the following adverse side effects:
- Low blood pressure
- Tachycardia (racing heart)
- Weakness
- Dizziness
- Fatigue
As the elderly lose mobility, they may avoid drinking in order to minimize trips to the bathroom, or to avoid being embarrassed by incontinence. In cases of nursing home abuse, staff members may deliberately withhold fluids in order to avoid changing adult diapers and bed sheets, or escorting patients to the bathroom.
If your loved one shows any of the following symptoms, they may be suffering from dehydration:
- Skin tenting in the forehead
- Dark or concentrated urine
- Sunken eyes
- Dry mouth, skin, and nasal passages
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Prescription Error
A nursing home prescription error may be difficult to detect, but families can look for signs. For example, a resident who is always asleep during visits, regardless of the time of day, may be a sign of a prescription error.
In some cases, nursing home prescription errors are the result of some kind of nursing home neglect, such as when one patient is given another's medicine accidentally. Some prescription errors may rise to the level of nursing home abuse. For example, a nursing staff member might deliberately over-medicate a patient to make them more compliant.
Nurses who are overworked due to inadequate staffing may negligently mix up prescriptions and give a resident the wrong medication. If the patient's medical history and other prescriptions are not checked appropriately, they may suffer from severe side effects or drug allergy symptoms.
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Assault
An assault on a nursing home patient may leave a black eye or other visible signs or cause injuries that the patient complains about or cannot be ignored. Too often, though, a nursing home assault becomes part of a pattern of other abuse, including psychological abuse. If your loved one appears to have a severe fear reaction to a certain patient or staff member, you may want to contact an expert in elder.
Some nursing home assault cases involve a staff member. In some cases, another resident or a visitor to the nursing home may be causing harm. Regardless of who is committing the assault, the nursing home itself may be responsible for failing to keep the patient safe from harm.
The abuse of the elderly will not stop unless victims stand up for their rights and the public demands justice. Has your loved one complained of abuse? Do you suspect something is wrong, but don't know how to proceed? You can turn to us for help.
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Catastrophic Injury
One difference between catastrophic injury sustained in a nursing home and other forms of nursing home injury, such as malnutrition, is that it typically stems from a single event rather than a pattern of conduct.
Strict regulations are in place at both the state and federal level to prevent this type of nursing home neglect, yet it does take place. Major injury events in nursing homes may involve a burn injury, broken bones, or permanent loss of mobility. A negligent security matter that leads to wandering or elopement by a resident may result in that person being hit by a car.
Types of catastrophic injury from nursing home abuse
Catastrophic nursing home injuries we have seen include:
- Loss of speech
- Spinal cord injuries
- Loss of use of hands
- Permanent confinement to wheelchair
Contact a Georgia Nursing Home Abuse Lawyer Today
Don't let another day go by wondering if the insurance company will compensate your loved one who suffered due to nursing home neglect or abuse. Call Gary Martin Hays & Associates today at 1-800-898-HAYS to get the wheels of justice turning in your favor. We understand how to fight insurance companies who try to take advantage of elderly victims. If you have questions, we're ready to answer them—and we're fully ready to take aggressive action on your behalf.
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