Conoscienti & Ledbetter

Atlanta Nursing Home Abuse Attorney

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Trusted Atlanta Nursing Home Abuse Lawyers

Blake Ledbetter Atlanta AttorneyAuthor: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter

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 June 11, 2019.

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’s complete guide to nursing home and elder abuse laws, cases, and more here.

Speak with experienced Atlanta nursing home abuse attorney today, for free.

Atlanta Nursing Home Abuse Attorney

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 nursing home negligence is similar to nursing home abuse, there are crucial differences between the two. Nursing home abuse suggests that the caregiver intends to harm the older individual, while nursing home negligence is a form of substandard care that causes injury or harm to the patient.

If you or a loved one has been harmed by nursing home abuse or neglect, an Atlanta nursing home abuse attorney like those at Conoscienti & Ledbetter can help you reach a settlement and obtain justice.

Attorney Nursing Home Neglect Atlanta GA

Nursing home neglect may vary according to each individual case. There are four distinct kinds of nursing home neglect, including medical neglect, neglect of fundamental needs, neglect of personal hygiene, and social or emotional neglect.

Victims of nursing home neglect are at greater risk for significant ailments, such as infections, injuries, and death. Certain forms of nursing home neglect 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 of nursing home neglect cases.

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

Atlanta Nursing Home Abuse Lawyer

Nursing home abuse can happen under the care of a licensed care facility to any occupants by either a staff member or other residents. The most frequent types of nursing home abuse are physical, sexual, psychological, or financial. This abuse can often occur in plain sight and may be overlooked.

There is never any excuse for nursing home abuse or neglect. If you or a loved one has suffered abuse or neglect, an Atlanta nursing home abuse attorney can assist you.

Elder Abuse Georgia

Abuse, neglect, and exploitation plague vulnerable populations like seniors. Each year, an estimated 5 million, or 1 in 10, older Americans are victims of elder abuse, neglect, or exploitation. However, experts think that for each case of elder abuse or neglect 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.

OCGA Elder Abuse

The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Under OCGA are numerous laws regarding elder abuse.

Elder Abuse Laws in Georgia

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 elder 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.

Speak with trusted Atlanta nursing home abuse attorney today, for free.

Nursing Home Lawsuit Cases

There are numerous factors involved in calculating lawsuit awards in nursing home 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 neglect or abuse

Average Nursing Home 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 a 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 cases 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 family deserves in these difficult circumstances.

Reporting Elder Abuse in Georgia

Under Georgia law, medical staff, social workers, healthcare employees, bank employees, and law enforcement are required to report suspected abuse, neglect, or financial exploitation to the Department of Human Resources.

Report Elder Abuse in Georgia

Any person suspecting or knowing of misuse, neglect or abuse of an elderly or handicapped adult living outside of a nursing home 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 exploitation of a resident of a nursing home or personal care home must be reported on 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 victims of elder abuse.

Senior Adult Victims’ Advocate provides services for adults age 60 and older who are victims of abuse, neglect, or exploitation by serving as a liaison between victims, social service agencies, and the court system. SAVA provides telephone assurance, assistance with court appearances, access to support groups, and help navigating 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. OCA 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.

    Don’t delay. Schedule a risk-free Atlanta nursing home abuse attorney consultation today, for free.

    Atlanta Attorney for Elder Abuse

    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 obtaining justice.

    The attorneys at Conoscienti & Ledbetter are focused on getting the best outcome for their clients and 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 action is to work directly with an experienced, compassionate and qualified Georgia elder abuse attorney.

    When a loved one has been hurt or killed as a result of negligent care in a nursing home, there are few things more important than locating the right attorney.

    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 nursing care sufferers, competent in his or her field, and competitive in resolving cases.

    Whatever your goals are in seeking legal counsel for elder abuse cases, the Atlanta nursing abuse attorneys at Conoscienti & Ledbetter are here to help. Contact the experts at Conoscienti & Ledbetter for any questions regarding elder abuse cases.

    (404) 373-5800
    315 W Ponce de Leon Ave.
    Suite 400
    Decatur, GA 30030