Atlanta Nursing Home Abuse Lawyer

Atlanta Nursing Home Abuse & Neglect Attorney

Choosing to place a loved one in a nursing home can be a difficult decision to make. Often, it is one made out of necessity, as that loved one may require special care you aren’t qualified to provide. You put a great deal of trust in a nursing home, and when that trust is taken advantage of, the results can be devastating. Elder abuse is not uncommon, and when it happens to someone you care about, you should immediately contact an Atlanta nursing home abuse lawyer.

An experienced Atlanta personal injury lawyer can help you and your loved ones work through this difficult time by building a substantial case against the ones responsible for the abuse. It can be emotionally painful to endure the knowledge that your elderly loved one is being abused by someone who was supposed to be taking care of them. A good lawyer can help you hold the right people accountable.

Most people cannot imagine the thought of attempting to hurt someone in a nursing home. This does not mean everyone understands what most of us believe that residents in nursing homes are there to receive treatment they need in a peaceful safe environment.

Nursing home abuse is real. According to the American Association of Justice, 1.4 million people live in U.S. nursing homes. And only 1 in 14 incidents of abuse is reported.

The following are the common signs of nursing home abuse:

• Bruises or bleeding
• Emotional withdrawal
• Bedsores
• Silence around caretakers
• Bruises on or around an elder’s genitals
• Unexplained illness or infection
• Change in elder’s will
• Change in power of attorney

Statute of Limitations

When the workers of a nursing home are found to be intentionally harming or willfully neglecting the residents, responsibility is often put on the nursing home itself, whose governing body should have been keeping a closer eye on the employees responsible for nursing home care. Every kind of nursing home abuse can cause irreparable physical and psychological damage to the victims.

If you are a victim of nursing home abuse or neglect, or you have a family member who is, and you wish to take legal action against the workers or the home responsible for allowing this abuse to happen, it is vital to your claim that you pay attention to the statute of limitations for personal injury claims in Georgia. The state allows two years to develop a strong case, gather the necessary evidence, speak with a nursing home abuse lawyer, and file a claim.

If, for some reason, you are unable to file your claim before the two-year window has closed, there is a chance that your case will be dismissed outright, and you will lose your opportunity to pursue legal damages. It can take a great deal more time than you might think to build a strong claim of nursing home abuse, so it is recommended that you start as soon as you can. If you are worried you don’t have a strong case, reach out to a lawyer for guidance.

Different Forms of Nursing Home Abuse

There are many different forms that nursing home abuse can take, all of which are degrading, insulting, damaging, and illegal. If you are worried that your loved one is enduring any form of nursing home abuse or neglect, you should immediately contact the police as well as a nursing home abuse lawyer. Here are a couple of the more common forms of abuse that might occur in a nursing home:

• Physical Abuse: Nursing home physical abuse occurs when someone, usually an orderly or another employee, inflicts intentional physical harm on an elderly resident. Being punched, kicked, physically restrained, or otherwise physically harmed can result in severe injuries for vulnerable, elderly victims, particularly those dealing with dementia.
• Neglect: One of the more common forms of abuse in nursing homes is simple neglect. Neglect occurs when residents are not given basic care, which results in the deterioration of their physical and mental well-being. It may not even be deliberate, but if untrained or inattentive workers fail to watch over their residents, those residents can become ill.

FAQs

Q: What Type of Abuse Is Most Common in Nursing Homes?

A: There are many kinds of abuse that can be common in nursing homes, particularly underfunded ones. One of the most common forms that’s reported regularly is verbal abuse. Unruly staff members may repeatedly insult, scream at, or threaten residents on a regular basis in some nursing homes, resulting in mental trauma and a great deal of fear. If you ever witness a nursing home staff member verbally abuse a resident, report it to the right people.

Q: What Is an Example of Emotional Abuse in a Nursing Home?

A: Any kind of verbal abuse, threats, harassment, and mental torture of a resident may be an example of emotional abuse. Emotional abuse occurs in a nursing home where residents are intentionally manipulated into feeling like they are lesser beings with no rights, no hope, and no way to fight back. Emotional abuse can include withholding food or medication, isolating patients from others, or ignoring them.

Q: What Is Your Responsibility if You Suspect Nursing Home Abuse?

A: If you ever suspect that abuse is happening in a nursing home, you have a responsibility to report that abuse to the police as soon as you can. Filing a formal complaint with the nursing home administration or governing body may also be something you should do. Anyone who might have the authority to put a stop to the abuse should know that it is happening. You may want to reach out to a nursing home abuse lawyer as well.

Q: What Is an Example of Neglect in a Nursing Home?

A: There are many examples of reprehensible behavior that could be perceived as neglect in a nursing home. One of the most basic examples that happens all the time in neglectful situations is the failure to provide adequate medical attention. Elderly people often live in nursing homes because they cannot care for themselves and have nobody who can tend to their medical needs. If the staff at the facility is also not tending to those needs, the results can be devastating.

Q: What are common signs that might indicate legally actionable abuse or neglect?

A: While signs vary, legally significant indicators often include:

• Unexplained injuries: Bruises (especially in patterns suggesting restraint), broken bones, cuts, burns.   
• Development or worsening of pressure ulcers (bedsores).
• Sudden weight loss, signs of dehydration or malnutrition.   
• Poor hygiene, unsanitary living conditions.
• Sudden behavioral changes: Withdrawal, agitation, fearfulness (especially around specific staff).   
• Staff refusing or delaying family access to the resident.
• Medication errors or sedation beyond prescribed needs.
• Unusual financial transactions or changes to wills/power of attorney.

Documenting these signs with dates, times, photos (if appropriate and permissible), and witness accounts is crucial for any potential legal claim.

Q: If I suspect abuse or neglect, what are my immediate legal steps?

• Ensure Safety: If the resident is in immediate danger, call 911.
• Report Internally: Report your concerns clearly to the nursing home administration (e.g., Director of Nursing, Administrator). Document who you spoke with, when, and what was discussed.
• Report Externally: File a formal complaint with your state’s relevant licensing agency (often Department of Health) and the Long-Term Care Ombudsman program. These agencies investigate complaints and can issue citations or penalties.
• Gather Evidence: Collect names, dates, specific incidents, photos, and medical records.
• Consult an Attorney: Speak with a lawyer experienced in nursing home abuse and neglect cases. They can advise on the specific laws in your state and the viability of a legal claim.

Q: What kind of compensation can be sought in a nursing home abuse lawsuit?

A: If a lawsuit is successful, compensation (damages) may be awarded to cover:

• Economic Damages: Medical expenses (past and future) related to the injury, cost of moving to a new facility, and potentially recovery of misappropriated funds in financial exploitation cases.
• Non-Economic Damages: Compensation for physical pain, emotional suffering, mental anguish, disfigurement, disability, and loss of enjoyment of life.
• Punitive Damages: In cases of particularly egregious or reckless conduct, punitive damages may be awarded to punish the facility and deter future misconduct. Availability and caps vary by state law.

Q: Is there a time limit for filing a lawsuit?

A: Yes. Every state has a “statute of limitations,” which sets a strict deadline for filing a lawsuit. For personal injury or medical malpractice claims (which often cover nursing home cases), this can range from one to several years from the date of injury or its discovery. Wrongful death claims may have different deadlines. Missing this deadline typically means losing the right to sue forever. It is critical to consult an attorney promptly to understand the applicable time limit in your situation.

Acting quickly and seeking legal counsel are vital steps in protecting vulnerable nursing home residents and holding negligent facilities accountable.

Reach Out to a Nursing Home Abuse Lawyer Today

If you believe your loved one has been injured physically or from neglect call our experienced nursing abuse attorneys at Merritt & Merritt today.  Our attorneys are ready to assist you.  We understand each nursing abuse case is unique and requires personalized attention, thats why our attorneys will consult with you to address the legal issues so your loved one can receive the care and compensation they deserve.

Learning that your loved one is being neglected or abused in their nursing home can be infuriating, horrifying, and painful. Your first instinct may be to contact the police, which you should do. You should also consider contacting a nursing home abuse lawyer who can assist with building your case against the ones responsible for hurting your loved one and pursuing damages in civil court. Contact the team at Merritt & Merritt Law Firm today.

If you have further questions or need to discuss a potential claim, contact us at 404-975-1775 or via our free case review form.