Trusted Atlanta Nursing Home Abuse Lawyers
Author: J. Blake Ledbetter, Partner, Conoscienti, Ledbetter & Archer
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in nursing home abuse lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on May 15, 2019, last updated on January 21, 2022.
An Atlanta Nursing Home Abuse Attorney can help if your loved one has experienced neglect or other abuse in their care facility. Read attorneys Conoscienti, Ledbetter & Archer’s complete guide to elder abuse laws, cases, and more here.
Nursing home abuse is one of many types of elder abuse, which is an ever-growing crime that affects our most vulnerable adult populations.
While negligence is similar to abuse, there are crucial differences between the two.
Nursing home abuse suggests that the caregiver intends to harm the elderly person, while negligence is substandard care that causes personal injury to the patient.
If you or a loved one has suffered abuse or neglect, an Atlanta nursing home abuse attorney like those at Conoscienti, Ledbetter & Archer can help you reach a settlement and obtain justice.
Attorney Nursing Home Neglect Atlanta GA
In Atlanta, Georgia, nursing home abuses may vary according to each case.
There are four distinct kinds of nursing home neglect: medical, fundamental needs, personal hygiene, and social or emotional neglect.
Victims of this type of malpractice are at greater risk for significant ailments, such as infections, injuries, and death.
Certain forms are obvious, 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.
Speak with trusted Atlanta nursing home abuse lawyer today, for free.
Abuse and exploitation plague vulnerable populations like seniors. Each year, 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.
The state of Georgia has several laws in place outlawing 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 elder 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.
There are numerous factors involved in calculating lawsuit awards in abuse cases. These include:
- Damages in which a cost has been absorbed, including medical expenses and loss of income
- Non-economic damages like emotional trauma, pain, and suffering
- Punitive damages that are awarded as punishment against the defendant and mean to function as a case precedent from committing negligence or abuse and deter nursing homes from committing similar acts of abuse
If your elderly relative has been abused while in a nursing home, such that his or her health and well-being have been compromised, you may be eligible for damages in a nursing home lawsuit. This can include money to cover medical expenses, lost wages, and pain and suffering.
An Atlanta nursing home abuse attorney at our law firm can help you determine if you have a case and begin building a solid legal case. Contact Conoscienti, Ledbetter & Archer today for a free case evaluation.
Average Nursing Homes Wrongful Death Settlements
While every circumstance differs, there are numerous nursing home wrongful death settlement success cases.
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 largest recorded jury-awarded compensation in a nursing home abuse situation is $1.1 billion. This was following 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 often the settlement’s conditions are 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 & Archer today for a free case review if your elderly relative has been abused in a nursing home or assisted living facility.
Don’t delay. Schedule a risk-free consultation today, for free, with an Atlanta nursing home abuse lawyer.
Under the law, medical staff, social workers, healthcare employees, bank employees, and law enforcement are required to report suspected abuse or financial exploitation to the Department of Human Resources.
Report Elder Abuse
Any person suspecting or knowing of misuse, neglect, or abuse of elderly or handicapped adults living outside of the nursing homes or personal care home should report it to the Adult Protective Services Unit of the Department of Family and Children Services in the county where the victim resides.
Abuse, neglect, or financial exploitation of residents of nursing homes or personal care homes must be reported to the Long-Term Care Ombudsman from the Division of Aging Services.
Elderly Abuse in Georgia Resources
The state of Georgia offers several free-of-charge services to the victims. Senior Adult Victims’ Advocate (S.A.V.A.) provides services for adults age 60 and older who are victims of abuse or exploitation by serving as a liaison between victims, social service agencies, and the court system.
S.A.V.A. provides telephone assurance, assistance with court appearances, access to support groups, and help to navigate the legal system.
The Governor’s Office of Consumer Protection enforces the Fair Business Practices Act and other consumer protection laws.
It also mediates consumer complaints, investigates and addresses consumer problems, takes necessary civil action against offending businesses. O.C.A. works to prosecute crimes related to telemarketing, home construction and home repair fraud, identity theft, and Internet fraud.
GeorgiaCares provides free health insurance counseling for Medicare and Medicaid beneficiaries. GeorgiaCares also reports suspected fraud in Medicare and Medicaid.
Elder abuse cases aren’t limited to nursing home abuse. Elder abuse can be committed against an elderly person by any person who provides care to them. This can include outpatient medical staff, paid caretakers, or family members.
Elder Care Attorney Atlanta GA
Regardless of your situation, a qualified and compassionate elder care attorney can help you every step of the way to file a nursing home abuse claim.
The attorneys at Conoscienti, Ledbetter & Archer are focused on getting the best outcome for their clients. We will fight for you and your family, regardless of whether it is an elder abuse case or other matter for a civil lawyer, or if it is a matter of criminal defense such as an aggravated assault Georgia case.
Atlanta Lawyers for Nursing Home Abuse
If you or a loved one has been affected by nursing home abuse, your best course of legal action is to work directly with an experienced, compassionate, and qualified elder abuse attorney from a respectable law firm.
When a loved one has been hurt or killed as a result of negligent care in an Atlanta, GA, nursing home, there are few things more important than locating the right nursing home abuse lawyer.
If your elderly family member has been living in a nursing home, not receiving the proper care, and has experienced nursing home abuse in Atlanta, GA, get in touch with us as soon as possible.
Our nursing home abuse lawyers can review the medical records of your loved one and provide legal advice about your next steps.
Nursing Home Abuse Lawyers Near Me
Two of the most vital elements of an attorney-client relationship are trust and communication.
It is important to find someone who you’re comfortable speaking with and someone who is compassionate toward vulnerable patients, competent in his or her legal field, and competitive in resolving cases.
Whatever your goals are in seeking legal counsel for elder abuse cases, the Atlanta GA nursing home abuse attorneys at Conoscienti, Ledbetter & Archer are here to help.
Contact the experts at Conoscienti, Ledbetter & Archer for any questions regarding elder abuse cases.