Nursing Home Abuse

When you select a nursing home or assisted living facility for your loved one, you trust that they will be cared for with respect, attention, and expertise. In addition, federal laws like the Nursing Home Reform Act and American Disabilities Act protect the rights of elderly residents in Georgia and across the country.

Yet, each year, thousands of elderly and disabled residents are physically, psychologically, and financially harmed by nursing home abuse. In fact, according to a 2014 study conducted by the Special Investigations Division of the House Government Reform Committee, one in three such facilities in the United States were cited for abuse over a two-year span.

At Van Sant Law, we find elder abuse undeniably unacceptable. We believe that the senior population deserves the most compassionate and loving care possible in their golden years, and that facilities have a legal and moral obligation to keep their residents safe, healthy, and comfortable. When abuse cannot be prevented, our nursing home abuse and neglect lawyers are committed to making sure that it is recognized and punished through lawsuits and settlements.

If your loved one has been harmed or abused, contact Van Sant Law to talk to an experienced Atlanta nursing home abuse lawyer. We are here to help you fight for justice and compensation.

Nursing homes are required to provide reasonable quality care for their residents. Under the law, they should be clean, safe, and well maintained. In addition, your loved one should receive quality personal care, close medical monitoring, and proper nutrition.

A nursing home abuse injury can take a number of different forms, including:

• Intentional physical abuse
• Psychological abuse, including emotional and verbal abuse
• Sexual abuse and sexual assault
• Lack of regular medical care
• Intentionally untreated injuries such as bedsores or illnesses
• Lack of personal hygiene or personal care
• Failure to properly feed and hydrate the patient
• Social isolation or failure to encourage nursing home visitors
• Improper use of restraints
• Overmedication or improper medication
• Lack of fall prevention measures leading to broken bones
• Lack of reasonable safety and security measures
• Failure to protect the patient from other patients
• Financial abuse

Nursing home abuse often occurs because of the negligence or carelessness of the facility itself. For example, the company may not hire enough staff members, fail to conduct proper background checks, or fail to properly train nursing home staff. The business may also ignore signs of abuse or protect employees who are abusing residents.

Van Sant Law, LLC is an experienced and highly respected nursing home negligence law firm in Atlanta, GA. We provide our clients qualified legal counsel regarding compensation and we help families recover monetary damages for injuries suffered by a loved one.

FAQ

I Suspect My Loved One is Being Abused or Neglected by Nursing Home Staff. What Can I Do?

The most important thing to do if you become aware that a loved one has been abused or neglected is to help him or her obtain appropriate medical care right away. Next, contact the nursing home or care center to make the facility aware of your concerns. This is important so it can take action to stop further abuse or neglect from occurring. It is also advisable to contact an experienced nursing home abuse lawyer. Van Sant Law can help you understand your options and protect your loved one’s legal rights.  

Will the Police Help Address a Nursing Home Abuse Complaint? 

Yes. It is a good idea to contact the police if you suspect abuse or neglect is occurring. Filing a police report should initiate an investigation which, in turn, can help preserve evidence that could prove useful if you decide to pursue a legal claim against the nursing home. 

To Whom Should I Report Suspected Nursing Home Neglect? 

In addition to notifying the police about potential nursing home abuse, family members can report suspected abuse or neglect of their loved one to the Office of the Georgia State Long-Term Care Ombudsman. Your elder injury lawyer can help you ensure violations are reported to the appropriate authorities and that wrongdoers are held accountable for their actions. 

Is There a Time Limit for Reporting Suspected Nursing Home Neglect or Abuse in Georgia? 

In most cases, claims of nursing home abuse or neglect are subject to a two-year statute of limitations in Georgia. This means allegations filed more than two years after the abuse occurred may be barred. While two years sounds like a long time, it is important to act as soon as possible if you suspect abuse, to protect your loved one and other nursing home residents from further harm. 

The Nursing Home Offered Me Money to Settle My Abuse Complaint. Should I Accept the Offer?

When confronted with a complaint that staff neglected or abused a resident, a nursing home may try to settle the matter quickly and quietly. It can be tempting to accept a settlement on behalf of your loved one; however, you could be short-changing him or her in the process. You may not be aware of the full extent of medical care your loved one will need as a result of the abuse or neglect. Unfortunately, by accepting a settlement, you would likely be waiving the right to obtain any future compensation from the nursing home. Your Van Sant Law elder injury attorney can help you evaluate your options and advise you on whether accepting a specific settlement would be in your loved one’s best interests. 

How Can an Elder Injury Lawyer Help? 

When you choose to work with a nursing home abuse attorney, you will have a skilled advocate in your loved one’s corner. Your attorney’s goals will be to help protect your loved one’s legal rights and interests, and to put a stop to and prevent any future abuse or neglect. Your attorney will handle communications with the nursing home’s attorneys and insurance company, negotiating and advocating for the compensation you and your loved one are entitled to receive. 

Resources

When fighting abuse, we believe that education is of the utmost importance. We have taken the time to write about some of the major issues related to nursing home abuse and neglect in Georgia, from understanding bedsores to preventing dehydration and malnutrition. We invite you to read and learn about these issues and to share these resources with your loved ones, family members, and fellow caregivers.

If we are to curb mistreatment and maltreatment towards the elderly, caregivers must take a stand against the negligent and abusive facilities that allow these horrific incidents to take place. If your loved one has been harmed while in the care of a nursing home or assisted living home, you should know your options and your rights.

During a free, confidential consultation at Van Sant Law, an experienced elder injury attorney will listen to your case, review the available evidence, and overview your possible options for legal action. If we believe your loved one’s injuries were caused by intentional abuse or negligence, we will stand by your side and fight until you have received the compensation you need and the justice you deserve.

Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville.