Articles Posted in Nursing Home Abuse

unlawful use of physical and chemical restraints in nursing homesGeorgia law gives nursing home residents the right to be free from chemical and physical restraints that restrict mobility. While there can be legitimate reasons for them, some nursing care facilities use these tools to keep difficult residents in line.

This can be a violation of state and federal law, as both prohibit using restraints for the sake of convenience rather than out medical necessity.

Physical restraints are any devices or equipment used to restrict a resident’s freedom of movement. Common types of physical restraints used in nursing homes include:

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Although Georgia’s hot and humid summers can be miserable for anyone, the extreme temperatures can be downright deadly for seniors. Elderly adults are particularly vulnerable to heat stress injuries. Not only do older people have a more difficult time adjusting to temperature shifts, but they may also have chronic health conditions that affect the way their body reacts to heat or be taking a prescription drug that impacts temperature regulation.

nursing home neglect heat injuriesAs a result, the summer months can be especially dangerous for elderly residents in overcrowded and understaffed nursing homes.

Nursing home residents are susceptible to numerous heat-related injuries and illnesses, such as:

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taking care of loved ones while far away Van Sant LawMoving a loved one into a nursing home is a difficult decision. If you have a demanding work schedule or live too far away to visit regularly, you may be especially concerned about whether your relative’s needs are being met. You might also be worried they could become a victim of nursing home abuse.

Sadly, these concerns aren’t unfounded. Studies show nursing home residents who don’t get visitors are more likely to suffer abuse or neglect, as staff members may assume that no one will notice—or challenge—their poor conduct, and seniors

may be too isolated or frightened to report their mistreatment.

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A scary story came out of California recently about an elderly woman who died even though a trained nurse was standing right next to her. Our Atlanta elder abuse lawyers know that Georgia’s seniors, as well as seniors across the country, are rightly concerned about this story.

The California tragedy occurred earlier this month. 87-year-old Lorraine Bayless collapsed in the dining room of her independent living facility, Glenwood Gardens, in Bakersfield, California. A nurse, an employee of Glenwood, got on the 911 phone call. The 911 operator pleaded with the nurse, named Colleen, to give Ms. Bayless CPR. Colleen told the dispatcher that company policy forbade her from performing CPR. The policy required her to wait with the hurt or sick person, but not provide any medical care. Repeatedly the dispatcher pleaded with her, and asked her to find someone else to help Ms. Bayless. The 911 call sounds horrifyingly cruel, with Colleen stating, “Not at this timein answer to the question of whether there was anyone around willing to help Ms. Bayless. At another point the dispatcher said that the lady will die, and Colleen responded “Yeah.Emergency personnel arrived seven minutes after the 911 call, but it was already too late for Ms. Bayless. The avoidable tragedy is heartbreaking, and it is understandable why Georgia seniors might be worried.

A Georgia news story on the incident points out that Georgia’s Good Samaritan law would protect people trying to help in an emergency situation from liability. This law applies as long the helper is not getting paid. But even without the Good Samaritan law, many retirement and nursing home staff were also shocked and upset by the incident in California. Greg Rowe, Director of Dougherty County EMS, said, “I’ve never gone anywhere that I can remember where they were just sitting, waiting on us to get there.And Dr. Graham Nichol, a professor of medicine at the University of Washington, noted that CPR more than doubles the chances of survival, also noting, “If liability was a concern, I would suspect there is a greater liability if someone dies.

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Nursing home residents deserve to be treated with respect and dignity, but unfortunately many nursing home patients suffer various types of abuse at the hands of caregivers who should be helping them to stay safe and cared for. Conservative Review reported recently on a multi-year investigation that the AARP conducted into the abusive practices of nursing homes overprescribing patients anti-psychotic drugs. Atlanta nursing home abuse Van Sant Law

This practice can have deadly consequences for patients and it is vitally important that seniors and their families take legal action when a nursing home improperly administers medication. The improper use of anti-psychotic drugs is called chemical restraint and it is considered to be a form of nursing home abuse.

An Atlanta nursing home abuse lawyer can provide assistance in making a claim to recover compensation for economic loss and for compensatory damages when this type of abuse happens.

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When abuse or negligence occurs in a nursing home, the hope is that someone will report it. This could be a staff member, a family member of a patient, or the patient himself. When the abuse is reported, steps can be taken to correct the problem and ensure that other residents are safe from harm. Protocols can be changed to resolve problems that lead to abuse or neglect and the vulnerable residents of the nursing home can be protected. memories Van Sant Law

Unfortunately, top managers and even owners of nursing homes have an incentive not to report abuse, but to cover it up. Syracuse.com, for example, recently reported that the owner of one nursing home as well as several top managers of the nursing facility were indicted and faced multiple criminal charges for covering up instances of abuse or neglect.

An Atlanta nursing home abuse lawyer can provide assistance to residents and family members when abuse occurs. Nursing home abuse cases can make nursing home companies, owners, and executives responsible for the harm that their actions cause. When a nursing home abuse case results in a large verdict for the plaintiff, the verdict can also send a message to other facilities that abuse is never acceptable. This is an important part of preventing future abuse because the risk of a lawsuit can change the incentives for managers and executives.

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There are safety rules and regulations applicable to nursing homes throughout the Atlanta area in order to prevent nursing home abuse and nursing home neglect. Unfortunately, many of these standards are violated by nursing care facilities. This can have serious consequences for patients. atlanta elder abuse Van Sant Law

An in-depth review of nursing homes in one state recently revealed the facilities which are cited for safety violations are often accused of committing repeat offenses. Evidence suggests this trend is widespread throughout the United States, with many homes making the same mistakes and failing patients in the same ways over and over.

Whenever a nursing home fails to provide appropriate care and patients are harmed by substandard conditions, victims and their families should consult with an Atlanta nursing home abuse lawyer for help.

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The job of a Medicaid fraud investigator is to try to identify health care providers who are improperly taking money from the Medicaid system. Medicaid is a form of health insurance for lower income people, so a lot of Medicaid fraud involves things like billing for health services that were not provided or billing too much for treatments that were offered. detective-desktop Van Sant Law

However, Medicaid has also become one of the primary payers of nursing home care. Nursing homes are extremely costly and many seniors cannot afford these facilities on their own so instead end up relying on Medicaid to pay the bills. Because Medicaid pays for nursing home care for a large percentage of nursing home residents, fraud investigators can work not only to identify situations where the government is losing money, but also situations where nursing home residents are being mistreated.

Identifying abuse and neglect in nursing homes is difficult because many of the victims have debilitating problems like Alzheimer's that affect their ability to speak out for themselves. Anything that can help to find nursing homes that mistreat patients is extremely important. Those who suspect that someone they love is being victimized by abuse can also contact an Atlanta nursing home abuse lawyer at Van Sant Law, LLC for help investigating nursing home abuse and pursuing a claim for compensation.

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Old age is supposed to be a time for seniors to enjoy the good life, but unfortunately for many elderly individuals, there comes a time when they can no longer live on their own and must turn to nursing homes or caregivers to provide care. These vulnerable seniors deserve to receive professional care from nursing homes and caregivers and deserve to be treated with dignity and respect. Unfortunately, this is often not the case as the National Center on Elder Abuse estimates that somewhere between one and two million seniors 65 and older are subject to abuse in the United States.

If you have elderly family members or friends who require care in a nursing home or who are cared for by an in-home caregiver, it is important to understand that nursing home abuse is a very real problem. It is also important to be aware that many seniors are unable to speak out about the abuse they endure either due to fear or simply because they suffer from cognitive or other impairments and thus no longer have the ability to stand up for themselves.

Since so many seniors cannot protect themselves from abuse, it is important for everyone to be alert for signs of abuse or neglect and to take action if they have any reasonable suspicion of abuse. Preventing nursing home abuse involves being informed and taking action to punish abusers, including both criminal action and filing civil suits against negligent or abusive nursing homes with the help of an Atlanta nursing home abuse attorney.

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Most visitors to nursing home are aware of the importance of watching for signs of physical abuse, as reports of nursing home abuse and neglect have become common. Unfortunately, visitors to nursing homes often do not consider the real risk of sexual abuse because they may believe seniors are too old to be victimized in this way.

The reality, however, is sexual abuse is not about sex- it is about power and control. Seniors of any age or in any health condition could become the victim of acts of sexual abuse and this can have devastating physical and emotional ramifications. Sexual abuse can be perpetrated by staff members at the nursing facility. Other residents could also engage in abusive behavior, for which the nursing home could be held liable if it failed to provide adequate supervision and protection to residents.

If sexual abuse occurs in a nursing home setting, victims need to get help. An Atlanta nursing home abuse lawyer can provide representation to victims who wish to pursue a case against the nursing home for the harm they endured.

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