Unfortunately, that is not always the case. Nursing home staff members can be neglectful or abusive, and residents suffer serious injuries as a result.
When these unfortunate situations arise, you could file a claim to recover for losses your family member sustained. These claims can quickly become complex and confusing. It’s important to work with a Georgia nursing home abuse lawyer who can help.
If you suspect that your loved one has been a victim, call a Georgia nursing home abuse lawyer today at Cain Injury Law or contact us online. We will schedule a free case review and explore how we can help your family.
What to Do if You Suspect Nursing Home Abuse or Neglect
Do you suspect your loved one is being abused or neglected in a nursing home? You may be unsure of what to do. You can take these steps to keep your loved one safe:
- Make sure your loved one is safe at the moment. If your loved one is in immediate danger, call 911 for assistance. Do what needs to be done to remove your loved one from the nursing home.
- Talk to your loved one. Before speaking to anyone else, ask your loved one whether he or she feels threatened or has been harmed in any way. Remember that your loved one may not have the capacity, or be too embarrassed, to admit abuse or neglect is occurring.
- Talk to the nursing home staff members. If you have concerns about the care your loved one is receiving, speak to the nursing home staff. The nursing home should have a grievance resolution procedure in place.
- File a complaint. If you feel the nursing home has not adequately responded to your concerns, file a complaint with the state agencies that oversee nursing home abuse cases.
- Document everything. You need evidence of the abuse or neglect to file a claim. Take pictures of the injuries. Keep copies of appropriate documents, such as accident reports. Keep a journal of any event that makes you suspect abuse.
- Take corrective action. Ask the facility to take corrective action and fix any deficiencies. Remain a visible presence at the facility. Continue to actively participate in the care of your loved one.
You should always speak to a lawyer any time you suspect nursing home abuse or neglect. A lawyer will know what action to take and can help your loved one get the justice and compensation they deserve.
How a Nursing Home Abuse Attorney Can Help Your Family
It is often difficult to confirm that nursing home abuse has occurred — even when you have good reason to suspect it. A nursing home abuse attorney will conduct an investigation. The attorney will collect evidence that proves your loved one has been a victim of abuse or neglect. This evidence can include medical records, eyewitness statements and photographs.
An attorney will also know what federal and state laws apply to the claim. After filing a claim, an attorney will negotiate a settlement with the nursing home’s insurance company. If a fair settlement cannot be reached, an attorney will file a lawsuit to secure the compensation victims need.
Who Can Be Held Responsible for Nursing Home Neglect and Abuse?
In most cases, either the nursing home staff member or the nursing home owner are held liable for abuse or neglect. The staff member can be held liable for neglect or abusive actions. The nursing home owner can be held liable for improper hiring practices. Those hiring practices may include failing to conduct background checks or failing to ensure a staff member had the proper experience and qualifications.
In some cases, another resident may be held responsible for nursing home abuse. For example, if one resident regularly hit or slapped your loved one, you can file a claim against that resident. In these cases, you may also be able to file a claim against the nursing home for failing to prevent or stop the abuse.
Compensation for Neglected and Abused Nursing Home Residents in Georgia
When your loved one has been the victim of nursing home neglect or abuse, you can file a claim for compensation on their behalf. Your loved one may also file a claim. By filing a personal injury claim your loved one can receive compensation for the damages suffered as the result of abuse or neglect.
The most common types of damages include compensation for:
- Medical bills
- Pain and suffering
- Disfigurement and disability
In some nursing home abuse cases, punitive damages are also available. These damages are awarded when a loved one can prove gross negligence or intentional misconduct by the nursing home.