Nursing home residents have the legal right not to be abused in nursing homes under the Nursing Home Reform Act. Moving our relative to a nursing home can be a difficult decision, and we want to make sure that the nursing home takes care of all their daily needs while treating them with dignity, respect, and empathy at all times.
However, the reality can be quite different. Nursing home abuse, while unlawful, is sadly not uncommon. Statistics from the U.S. Department of Justice (DOJ) reveal that at least 10% of adults aged 65 and older will be victims of elder abuse each year, with much of the abuse going unreported.
If your loved one is enduring physical abuse in their nursing home, help is available. An Atlanta physical abuse lawyer might be able to help you get compensation and justice for your loved one. Call us today to determine whether you have a case against a negligent nursing home.
Physical Abuse in Nursing Homes
Physical abuse encompasses a range of actions that can injure an elderly nursing home resident and could even contribute to their death, including:
- Rough handling
- Pulling too hard
- Inappropriate use of drugs
Signs of physical abuse
Physical abuse, unlike emotional or verbal abuse, will often leave marks on an elderly nursing home resident’s body. If you think your relative is suffering from abuse in their nursing home, but you are not sure, you may want to pay close attention to these warning signs:
- Unexplained bruising
- Sprained or broken bones
- Tooth or hair loss
There could be many other signs of physical abuse. In addition to physical symptoms, your loved one may also show a marked personality change when suffering from physical abuse. They may become fearful of their caregiver, or withdraw and show symptoms of depression. If your relative suffers from physical abuse, they could also experience verbal or emotional abuse, as the two can go hand in hand.
Finding signs of physical abuse on your loved one can be heartbreaking and a shock to the entire family. If you believe your loved one is suffering, it will be important to act quickly and report your findings immediately to ensure that your loved one is safe from further abuse.
You may also want to seek medical advice and remove your loved one from the nursing home. You could also have legal recourse. If you have incurred any costs and expenses related to your loved one’s physical abuse, such as medical bills, you could receive these damages with a lawsuit. You could also get compensation for any pain and anguish your loved one suffered.
An Atlanta physical abuse lawyer might be able to help you hold a nursing home to account. Call Pintas & Mullins Law Firm today for a no-obligation case evaluation to get started.
For a free legal consultation with an physical abuse lawyer serving Atlanta, call (800) 794-0444
Nursing Home Abuse is Illegal
It is important to know that nursing home abuse is not just immoral and deeply disturbing, but it is also illegal. Federal and state laws protect nursing home residents from physical abuse and neglect.
The Nursing Home Reform Act of 1987 aims to ensure that residents receive a certain standard of care and are free from abuse in the nursing home. It is a resident’s right not only to be free from abuse, but also to demand a timely investigation of any abuse allegations.
A nursing home is responsible for maintaining an abuse-free environment for all of its residents. Specific responsibilities to ensure that the facility is free from abuse can include conducting background checks before hiring any staff. However, not only nursing home staff can potentially abuse residents. Other residents, third-party contractors, and visitors to the nursing home could all be responsible for physical abuse occurring on the premises.
In general, a nursing home is responsible for keeping the property abuse-free, regardless of who commits these shocking offenses. Therefore, it is possible to hold the nursing home to account for any abuse happening in the facility.
Atlanta Physical Abuse Lawyer Near Me (800) 794-0444
Taking Action Against a Nursing Home
You could be able to file a lawsuit against a nursing home if your loved one suffered injuries due to physical abuse in the home. If you can prove that the nursing home was negligent, filing a personal injury or wrongful death lawsuit is possible. You might be able to receive compensation for the following:
- Medical bills and future medical bills
- Costs for medical equipment
- Transportation costs
- Compensation for physical pain and anguish
- Compensation for emotional suffering
- Funeral and burial costs
Depending on your particular case, you could also receive other types of compensation. In particularly egregious cases of nursing home abuse, you might also receive punitive awards in addition to any compensation.
If you are thinking of initiating legal action, acting quickly can be important. The Georgia Code section 9-3-33 time limit applies to personal injury and wrongful death lawsuits, meaning that you generally have two years to file a lawsuit from the date of the injury or death. You may not be able to recover compensation if you miss the two-year deadline.
Your Atlanta Physical Abuse Lawyer Can Help
If you have endured the heartbreak of witnessing your loved one suffer injuries from physical abuse in the nursing home, we can help you get justice and compensation. Holding a nursing home accountable can be challenging, and they are likely to put up a fight. We can handle a nursing home abuse case for you.
An attorney from Pintas & Mullins Law Firm can advise you, gather evidence, consult with medical experts, and build your case against a nursing home. We can represent you in court and fight for your best interests.
There are no financial risks for you as we work on contingency and do not charge any attorney’s fees upfront. We get paid when you receive a settlement. Call Pintas & Mullins Law Firm for your free no-obligation consultation today, and we will help you weigh your legal options and best next steps.