Experienced Atlanta Nursing Home Abuse Attorney

Nursing home abuse is one of many types of elder abuse, an ever-growing crime affecting our most vulnerable adult populations.

While negligence is similar to abuse, the two have crucial differences. Nursing home abuse suggests that the caregiver intends to harm the older adult, while negligence is substandard care that causes personal injury to the patient.

If you believe your elderly loved one is the victim of nursing home abuse, please get in touch with an Atlanta nursing home abuse attorney like those at Conoscienti & Ledbetter.

What Is Nursing Home Abuse?

Nursing home abuse occurs when vulnerable patients are mistreated by the nursing home attendants who are supposed to care for them. This abuse can take many forms, from physical violence to emotional manipulation. It can also involve financial exploitation, such as using an older person’s credit card without permission.

Sadly, many nursing home employees abuse their position of power to take advantage of residents. This is especially true if the victim has dementia or another cognitive impairment that makes it difficult for them to communicate.

If you suspect your loved one is the victim of nursing home abuse, it is essential to take action immediately. The first step is to contact experienced Atlanta elder abuse attorneys. Your lawyers can help you gather evidence to support your claim and hold responsible parties accountable.

Is Elder Abuse a Felony in Georgia?

Yes, elder abuse is considered a felony offense in Georgia. According to Georgia Code 16-5-102, it is illegal to abuse, neglect, or exploit disabled or aging adults. The penalties for elder abuse vary depending on the severity of the offense but can include years in prison and significant fines.

An Atlanta nursing home abuse attorney can help you pursue criminal charges against abusers and file a civil lawsuit to recover damages for medical bills, pain and suffering, and other losses. They may be able to pursue a wrongful death claim if the abuse resulted in the death of your loved one.

In Atlanta, Georgia, nursing home abuses may vary according to each case. There are four distinct kinds of nursing home neglect: medical malpractice, fundamental needs, personal hygiene, and social or emotional negligence.

Abuse victims of this type of malpractice are at greater risk for significant ailments, such as infections, injuries, and death.

Certain forms are apparent, but many cases are subtle and go unreported. Injuries stemming from falls at the nursing home or situations like strangulation from a malfunctioning bed are examples too.

It is necessary to report incidences, as doing so can sometimes make the difference between life and death for the elderly resident.

Abuse and exploitation plague vulnerable populations like seniors. Annually, an estimated 5 million or 1 in 10, older Americans are victims of elder abuse or exploitation. However, experts think that for each case of elder abuse reported, as many as 23.5 cases go unreported.

Georgia has several laws in place to outlaw elder abuse to ensure that our senior population is protected.

O.C.G.A. Elder Abuse

The Official Code of Georgia Annotated or O.C.G.A. is the compendium of all laws in Georgia. Under O.C.G.A. are numerous laws regarding senior citizen abuse.

Elder Abuse Laws

Ga. Code Ann. § 16-5-102 outlaws criminal elder abuse as follows:

“Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.“

Under O.C.G.A. § 30-5-3, exploitation means:

“The illegal or improper use of a disabled adult or older person or that person’s resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one’s own or another’s profit or advantage.“

If you or a loved one has been affected by elder abuse, an Atlanta nursing home abuse attorney can help you seek the justice you deserve with a free consultation.

While every circumstance differs, numerous nursing home wrongful death settlement success cases exist.

Notable nursing home wrongful death settlements range from $1.57 million in California for late-stage bedsore that led to wrongful death to $200 million in Florida for someone’s death after falling down the stairs in a wheelchair.

The most significant recorded jury-awarded compensation in a nursing home abuse situation is $1.1 billion. This followed the death of a 69-year-old Florida nursing home resident whose body was not discovered for weeks.

Over 95% of nursing home abuse claims are settled outside of court, and the settlement’s conditions are often kept confidential. However, some literature reports the nursing home abuse case value ranges around $750,000, which comprises all damages and law firm fees.

A wrongful death attorney with experience in nursing home abuse cases will give you the best chance of getting the settlement your elderly patients deserve in these difficult circumstances.

Please contact the Atlanta wrongful death attorneys of Conoscienti & Ledbetter today for a free case review if your elderly relative has been abused in a nursing home or assisted living facility.

Understanding the legal basis for filing a lawsuit in nursing home abuse or neglect cases is critical. Various causes of action can be pursued, depending on the circumstances.

Negligence

One common cause of action is negligence. Negligence occurs when the nursing home fails to provide the standard of care expected, leading to harm or injury to the resident. This can include inadequate supervision, failure to maintain a safe environment, or improper medical care.

Medical Malpractice

Another potential cause of action is medical malpractice. This arises when a healthcare provider within the nursing home, such as a doctor or nurse, fails to meet the professional standards required in their field, resulting in injury or harm to the resident. Malpractice claims often involve medication errors, misdiagnosis, or failure to treat a condition.

Breach of Contract

Breach of contract is also a viable cause of action. When a nursing home agrees to provide a certain level of care through a contract and fails to do so, leading to harm, the family may pursue a breach of contract claim. This type of action focuses on the failure to fulfill the obligations agreed upon at the time of admission.

Intentional Torts

Lastly, in severe cases, intentional torts such as assault or battery may be claimed if staff members have deliberately harmed a resident. This type of cause of action involves proving that the abuse was intentional, which can lead to significant punitive damages.

Identifying the appropriate cause of action is essential for holding the responsible parties accountable and securing justice for the victim.