Unfortunately, physical abuse in nursing homes is more common than it should be. According to the National Center on Elder Abuse (NCEA), elder abuse is comprised of 10% physical abuse as well as other abuses such as verbal abuse and neglect. This is atrocious, and they all need to be brought to justice for their crimes.
An Atlanta physical abuse lawyer wants to help you do that. If you have a family member or friend that is suffering because of physical abuse while living in an Atlanta nursing home, do not hesitate to call us today.
Contact Pintas & Mullins Law Firm at (800) 842-6336, so we can look over your case for free. We work on a contingency fee basis as well, so you will not pay anything unless and until we have won your case. Physical abuse is a serious matter, and getting help can potentially even save a life.
Understanding Physical Abuse in Atlanta Nursing Homes
The Atlanta-Journal Constitution shared a series of investigative articles on Atlanta nursing homes and found some alarming numbers of residents being abused and even dying due to the facilities’ and their employees’ negligence.
O.C.G.A. §16-5-102 shares that “Any person who knowingly and … willfully inflicts physical pain, physical injury … upon a disabled adult, elder person, or resident … shall be guilty of a felony…”
Physical abuse is a criminal offense. Therefore, hiring a lawyer to manage your case is highly recommended. You may be going to criminal and civil courts depending on the severity of the case.
Types of physical abuse include:
- Sexual abuse
Signs of abuse may include:
- Broken bones
- Internal injury
- Marks from restraints
- Unexplained or abnormal behavior
- Personal property damage (glasses broken, torn clothing, etc.)
Unfortunately, these situations happen often, and although they should be reported to the proper authorities immediately, they often go unreported out of fear of retaliation, which is also a crime.
Filing a Physical Abuse Case Against an Atlanta Nursing Home
There are many ways to file a complaint with a nursing home facility, and the law gives them time limits to respond, depending on which route you take. However, the statute of limitations, per O.C.G.A. §9-3-33, provides a person with two years to file from the date of the incident or knowledge of the incident. Filing a report should be the first step when filing a personal injury lawsuit for sexual abuse in an Atlanta nursing home.
You can file a complaint directly with the administrator of a facility or by:
- Filling out the Georgia Department of Community Health (DCH) website
- Calling the DCH
- Contacting a long-term care ombudsman
- Contacting Central Intake in Atlanta
- Filling out a Protective Services Complaint Form
- Contacting the Healthcare Facility Regulation (HFR)
- The HFR is responsible for investigating all reports on nursing home facilities.
Proving Negligence for Nursing Home Physical Abuse
When you file a lawsuit, you must be able to prove negligence. In most nursing home abuse and neglect cases, you will deal with the guilty party and the facility. Hiring an Atlanta physical abuse attorney can help ensure that you are on the right path to compensation. Furthermore, if you need to go to a criminal court, it is highly advised. The criminal investigation may also help your personal injury claim.
Damages You May Receive
You may be qualified to receive economic and non-economic damages in these cases. These are medical bills—past, present, and future, loss of wages associated with the litigation, emotional stress, pain and suffering, mental health costs, etc.
Discussing your options with your attorney can help you understand what is available to you based on your lawsuit.
For a free legal consultation with a Physical Abuse Lawyer serving Atlanta, call (800) 794-0444
How an Atlanta Physical Abuse Lawyer Can Assist You
Atlanta physical abuse lawyers are here to help fight for the misconduct of nursing home facilities, their residents, and their employees. We understand that these cases can be extra grueling and bring up pain and suffering on levels that you and your loved one are not used to experiencing.
We can take on the fight for you so that you can concentrate on mending with your loved one while finding them new accommodations. You will also not have to relive the horrible accounts. The details may be disturbing and sometimes can trigger underlying issues in a victim and their family.
Contact Pintas & Mullins Law Firm today so we can look over your case for free. A lot of work goes into fighting against nursing home neglect and physical abuse, and we want to make sure you can gather the correct evidence you need to pursue the guilty party.
Atlanta Physical Abuse Lawyer Near Me (800) 794-0444
Defense in an Atlanta Physical Abuse Case
No one wants to be found guilty of abuse. Nurses and CNA’s may lose their job, be barred from returning to the type of work, etc. Therefore, defense teams will try and strategize ways to get them off the hook.
Types of defenses to look out for:
- False accusations
- Suggestions that the injuries were from accidents
- Self-defense claims
These are common, and when you get the help of a nursing home abuse attorney, you are gaining a professional who knows how to handle the law in these cases. They know what to look for. Furthermore, sometimes you can extinguish these claims by acquiring strong evidence and a defendant, no matter how hard they try, cannot deny the facts.
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Contact Pintas & Mullins Law Firm Today
Abuse is a serious matter. We have a duty to protect our most vulnerable citizens, and that is what our Atlanta physical abuse lawyers are here to do. Do not wait to file and contact us with your case. Abusers are usually repeat offenders—it is about power and control.
Call Pintas & Mullins Law Firm today at (800) 842-6336 for a free case evaluation. We dedicate ourselves to upholding your rights. The sooner you call, the sooner we can get started building your case. Nursing home abuse is a sensitive matter, and we want to support you in making the right decisions to help your case and compensation.