Atlanta Nursing Home Abuse & Neglect Attorney (2022)

Many of us will have to make the difficult decision of having a loved one placed in a nursing home. When you finally make that choice, it’s understandable that you expect your loved one to be safe and well taken care of. There are trained employees and other medical professionals working at nursing homes who are supposed to make sure that your loved ones are kept healthy and safe.

Unfortunately, nursing home abuse and neglect occurs far too often, and this can lead to the death of a loved one. Families can hold negligent parties accountable with the help of skilled Atlanta wrongful death attorneys. Contact us today if you believe your loved one’s death was a result of nursing home abuse or neglect so we can help you hold the responsible party accountable. Contact an Atlanta nursing home abuse and neglect lawyer at Williams Oinonen LLC for a consultation by filling out our online form or calling (404) 654-0288.

A Lawyer Can Help You Hold Nursing Homes Accountable

It can be very difficult to prove that your loved one passed away due to the neglect or abuse that they suffered at a nursing home. Many cases go unreported and unpunished, and the facilities may even lie to you about the cause of death. However, if you’re suspicious, you should speak with an attorney as soon as possible. They can subpoena documents, forcing the nursing home to turn over medical records and other treatment and health-related papers. An experienced lawyer can help you get to the bottom of what really happened, and ensure that you and your family get all of the correct information, and damages if warranted.

(Video) Atlanta Nursing Home Abuse Lawyer: Case Study

Causes of Nursing Home Abuse

Nursing home abuse is completely preventable with well-trained and caring staff members. Unfortunately, this is not always the case. Some common cause of nursing home abuse & neglect include:

  • Lack of staff
  • Poorly trained staff
  • Poor supervision
  • Individual patient risk factors
  • Caregiver risk factors

Understaffed nursing homes pose a huge threat to the wellbeing of the patients because they are unable to give each patient the right level of care. A low ratio of caregivers to patients can cause your loved one’s needs to be neglected altogether while they are caring for other patients. If it is suspected that there are any issues with your loved one’s caregiver, it is best to act immediately to prevent any serious harm.

Common Signs of Abuse and Neglect

In order to know if your loved one passed away as a result of neglect or abuse, it’s important to know what to look for, as the abuse can sometimes be subtle and almost always takes place behind closed doors. Some of the most common signs of neglect and abuse include the following:

(Video) Nursing Home Abuse Settlement Offers | Atlanta Personal Injury Attorney

  • Bedsores
  • Dehydration
  • Infections
  • Eloping or wandering from the facility
  • Sudden changes in behavior, such as significantly fewer phone calls, or requests for no visits
  • Falls
  • Fractures, broken bones, or other injuries that cannot be easily explained
  • Heavy medication or sedation
  • Malnutrition/weight loss

If you’ve noticed any of these signs in your loved one before they passed away, contact an attorney right away to investigate if their death was due to negligence or abuse.

Many nursing home death cases are solved with a settlement rather than a trial because it’s easier and less expensive for the nursing home facility. It’s also much less damaging to their reputation. If they can settle and keep the incident private, fewer people will be aware of what happened. You should never settle for less than what you truly deserve, and it’s possible that part of what you deserve is for the world to know what happened.

Wrongful Death in Nursing Homes

In Georgia, when a loved one dies in a nursing home as a result of abuse or neglect, a wrongful death claim can be filed. Part of a successful wrongful death claim will include proving that the nursing home was reckless, negligent, or intentionally acted in a manner that caused a patient’s death. Typically, you have 2 years from the death of your loved one to file a lawsuit. Compensation received can vary from case to case, but can include repayment for all funeral expenses, encouragement to the nursing home to reform their unsafe practices, and hold the nursing home financially responsible for the death.

(Video) Reporting Nursing Home Abuse | Atlanta Personal Injury Lawyer

Let Our Atlanta Nursing Home Abuse & Neglect Lawyers Help You

Losing a loved one because of nursing home abuse or neglect is absolutely unacceptable and unforgivable. You should never have to deal with this. Unfortunately, the reality is that it does occur. The attorneys at Williams Oinonen LLC have years of experience handling these types of cases and can help you get the justice you deserve. When you hire us, we know how important this is to you. We treat all of our clients the same way we’d want our own family members to be treated. As a boutique law firm, you will always get the attention of our team of lawyers, and you will never be in the dark about the status of your case.

Contact an Atlanta nursing home abuse and neglect lawyer at Williams Oinonen LLC today for a consultation by filling out our online form or calling (404) 654-0288.

Lack of staffPoorly trained staffPoor supervisionIndividual patient risk factorsCaregiver risk factors

(Video) Signs of Nursing Home Abuse | Atlanta Personal Injury Attorney

Understaffed nursing homes pose a huge threat to the wellbeing of the patients because they are unable to give each patient the right level of care. A low ratio of caregivers to patients can cause your loved one's needs to be neglected altogether while they are caring for other patients. If it is suspected that there are any issues with your loved one's caregiver, it is best to act immediately to prevent any serious harm." } },{ "@type": "Question", "name": "Common Signs of Abuse and Neglect", "acceptedAnswer": { "@type": "Answer", "text": "In order to know if your loved one passed away as a result of neglect or abuse, it’s important to know what to look for, as the abuse can sometimes be subtle and almost always takes place behind closed doors. Some of the most common signs of neglect and abuse include the following:

BedsoresDehydrationInfectionsEloping or wandering from the facilitySudden changes in behavior, such as significantly fewer phone calls, or requests for no visitsFallsFractures, broken bones, or other injuries that cannot be easily explainedHeavy medication or sedationMalnutrition/weight loss

If you've noticed any of these signs in your loved one before they passed away, contact an attorney right away to investigate if their death was due to negligence or abuse.

(Video) Georgia Elder Abuse Nursing Home Neglect Lawyer Attorney

Many nursing home death cases are solved with a settlement rather than a trial because it’s easier and less expensive for the nursing home facility. It’s also much less damaging to their reputation. If they can settle and keep the incident private, fewer people will be aware of what happened. You should never settle for less than what you truly deserve, and it’s possible that part of what you deserve is for the world to know what happened." } },{ "@type": "Question", "name": "Wrongful Death in Nursing Homes", "acceptedAnswer": { "@type": "Answer", "text": "In Georgia, when a loved one dies in a nursing home as a result of abuse or neglect, a wrongful death claim can be filed. Part of a successful wrongful death claim will include proving that the nursing home was reckless, negligent, or intentionally acted in a manner that caused a patient’s death. Typically, you have 2 years from the death of your loved one to file a lawsuit. Compensation received can vary from case to case, but can include repayment for all funeral expenses, encouragement to the nursing home to reform their unsafe practices, and hold the nursing home financially responsible for the death." } }]}

FAQs

How long does it take to get a nursing home neglect case through the court system do to settle out of court in Georgia? ›

How Long It Takes to Settle a Nursing Home Lawsuit. The average for a nursing home abuse lawsuit is usually between 18 and 24 months. However, you get a settlement sooner if you don't go to court. In some instances, trials can last much longer.

What do you do if you see abuse in a nursing home? ›

You can report nursing home abuse through local authorities such as the police or your state's Adult Protective Services (APS) branch. The police can help you take immediate action if an elder has been seriously harmed or died due to abuse.

How do I file a complaint against a nursing home in Georgia? ›

You can report nursing home abuse or neglect in Georgia to the Department of Human Services Division of Aging Services. There's an online form on the department's website, or you can call the Georgia Department of Community Health Healthcare Facility Regulation department toll-free at 1-800-878-6442.

How much is a bedsore lawsuit worth? ›

In cases where bedsores are caused by neglect but the patient recovers relatively quickly, a bedsore lawsuit settlement may be in the region of $150,000 – $300,000. In cases where bedsores lead to infection and hospitalization, a bedsore lawsuit settlement may be in the region of $500,000 or more.

What are the 3 most common complaints about nursing homes? ›

What Are the Three Most Common Complaints About Nursing Homes?
  • Slow Response Times. By far, the most common complaint in many nursing homes is that staff members are slow to respond to the needs of residents. ...
  • Poor Quality Food. ...
  • Social Isolation. ...
  • When Complaints Turn into a Dangerous Situation.
Dec 29, 2021

What is an example of neglect in a nursing home? ›

Examples of nursing home neglect include:

Not changing a resident's clothes or bedding regularly. Not cleaning a resident on a daily basis. Not giving residents enough food or water. Not treating a resident's injuries or illnesses (bedsores, infections, etc.)

Where would you record alleged abuse in a care home? ›

Local Authorities

Arguably the most important — and fastest — way to report nursing home abuse is to call 911. The U.S. Department of Health and Human Services says to call 911 if a senior is in danger. 911 provides an immediate response to the problem.

What agency oversees nursing homes in Georgia? ›

Healthcare Facility Regulation (HFR), a division of the Department of Community Health (DCH), is responsible for health care planning, licensing, certification and oversight of various health care facilities and services in Georgia.

What complaints does the Ombudsman deal with? ›

We review and resolve complaints about all sorts of things, such as: billing, customer service, installations/delays, switching providers, loss of service and sales. Find out more about the types of problems Ombudsman Services can look at.

What is neglect in care home? ›

Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of.

Are bed sores due to neglect? ›

Bed sores in nursing homes are usually a sign of neglect.

Bed sores are caused by remaining in one position for too long, which can happen if a nursing home resident is bedridden or continuously in a wheelchair.

How do you emotionally survive a lawsuit? ›

If you're up against your first lawsuit, here are a few tips that will hopefully make life easier:
  1. Get a Competent Lawyer Now. ...
  2. Go Crazy (But Not Too Crazy) ...
  3. Turn to Your Support System. ...
  4. Learn How Lawsuits Work. ...
  5. Remain Calm. ...
  6. Be Extra Frugal.
  7. Don't Forget to Rebuild.
May 5, 2014

How long does it take to get a stage 4 bed sore? ›

According to the NHS, a grade 3 or 4 pressure ulcer can develop within just 1 or 2 hours⁵. So it's not just that pressure sores develop quickly, it's that they can develop quickly AND be extremely advanced. So, how painful are pressure sores?

How often should nursing home residents be bathed? ›

1. Seniors don't have to bathe every day. Even though most Americans are used to showering every single day, it's not a strict requirement for good health. At a minimum, bathing once or twice a week helps most seniors avoid skin breakdown and infections.

What is the biggest problem in nursing homes? ›

Staffing issues.

With some facilities facing serious staffing shortages and high workloads among existing staff, patients in these nursing homes often feel as if their needs are not being met.

What is the main problem in nursing homes? ›

Typically, in a nursing home, there are a few main problems that can exist that could cause your loved one harm. This includes physical abuse, mental abuse, financial abuse, malnourishment, and neglect. Discover more about each of these below.

Can I sue a care home for neglect? ›

If your family member has suffered poor or negligent care whilst in a care home, causing injury or illness, your family may be entitled to make a care home negligence claim. But expert legal advice will be needed for your claim to be successful.

What is the most common type of elder abuse? ›

Elders can sometimes mistreat themselves through self-neglect. According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

What are the four forms of abuse? ›

Most States recognize four major types of maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse. Additionally, many States identify abandonment, parental substance use, and human trafficking as abuse or neglect.

What are three Don'ts when someone discloses abuse? ›

Panic, overreact, be judgmental or make assumptions. Investigate, repeatedly question or ask the individual to repeat the disclosure. Discuss the disclosure with people who do not need to know.

How do you respond to concerns about abuse and neglect in care homes? ›

Responding to concerns raised by members of the public
  1. make a referral to local authority children's social care.
  2. make a referral to the lead practitioner, if the case is open and there is one.
  3. make a referral to a specialist agency or professional e.g. educational psychology or a speech and language therapist.

How can you ensure that evidence of abuse is preserved? ›

Ways to ensure that evidence of abuse is preserved
  1. Record evidence on a body chart (see one here)
  2. Keep clothing unwashed.
  3. Keep written records in a safe place.
  4. Take photographs, if appropriate.

Is there an ombudsman for Georgia? ›

The Office of the State Long-Term Care Ombudsman (Georgia) seeks to improve the quality of life for residents of long-term care facilities (nursing homes, intermediate care facilities for the intellectually disabled, personal care homes, and community living arrangements).

What is the NAB exam? ›

The NAB RC/AL exam program is an entry-level examination that measures the entry-level knowledge of residential care/assisted living administrators. The RC/AL examination is required as a component of the licensure requirements in several states.

What is a Certificate of Need Georgia? ›

The Certificate of Need (CON) program is how the state of Georgia evaluates the need for new hospitals or clinics. Without a CON, hospitals or clinics can't open their doors or expand.

How long does it take for ombudsman to investigate? ›

Typically, this part of our process takes up to 90 days. A complex complaint, or where either party disagrees with the initial assessment and asks for final decision, may mean it takes longer. You will be updated by your case handler as things progress.

How do you complain effectively and get results? ›

How do you complain effectively?
  1. Be clear on what your complaint is. ...
  2. Know what result you're hoping to achieve. ...
  3. Don't lose your temper. ...
  4. Never make it personal. ...
  5. Be genuine and sincere. ...
  6. Use social media. ...
  7. Ask to speak to someone new. ...
  8. Write to head office.

How long should I wait for a response to a complaint? ›

Set a standard for your business and team to have both an initial response time and then a resolution time. From our survey data I'd suggest it appears that if you can respond within the hour and resolve the majority of complaints within the day, you will be on the right side of your consumers.

What is passive neglect? ›

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

Can I sue social services for negligence? ›

Yes, you can sue social services for distress and potentially other damages too. As well as the figure that's awarded for your psychological distress (which is known as non-material damages), you may also be eligible to receive material damages too.

What factors are considered in determining abuse? ›

Risk factors for abuse
  • Lack of mental capacity.
  • Increasing age.
  • Being physically dependent on others.
  • Low self-esteem.
  • Previous history of abuse.
  • Negative experiences of disclosing abuse.
  • Social isolation.
  • Lack of access to health and social services or high-quality information.
Mar 31, 2021

What is the most common abuse in nursing homes? ›

Emotional abuse (also known as verbal or psychological abuse) occurs when someone insults a resident or uses threats to control them. It is the most common type of nursing home abuse. According to the WHO, over 32% of nursing home staff members said they emotionally abused residents.

Whose responsibility is it to follow safeguarding procedures? ›

Local Authorities have statutory responsibility for safeguarding. In partnership with health they have a duty to promote wellbeing within local communities. Cooperate with each of its relevant partners in order to protect adults experiencing or at risk of abuse or neglect.

What constitutes abuse in a care home? ›

What Is Nursing Home Abuse? Nursing home abuse occurs when caretakers harm residents of long-term care facilities. Both intentional and unintentional harm may be considered abuse. It can result in trauma, medical emergencies, and even death.

What is classed as abuse in a care home? ›

The abuse can be: physical – hitting, slapping, pushing, kicking, inappropriate restraint, misuse of medication, inadequate monitoring of prescriptions. psychological – emotional abuse, threats of harm, threats of leaving or stopping care, lack of human contact, or stopping access to people who can advise or help.

What is passive neglect? ›

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

What happens if a care home doesn't have enough staff? ›

Understaffing leads to inadequate attention from staff, meaning residents are more likely to get hurt through falls, dehydration, malnutrition, or bedsores. It may also mean that the staff on-duty will feel overwhelmed and underpaid, making them more likely to enact abuse.

What is considered verbal abuse in a nursing home? ›

The National Center on Elder Abuse defines verbal abuse as the infliction of pain, anguish, or distress through verbal acts. Nursing home staff may use verbal abuse in an attempt to coerce, degrade, frighten or punish nursing home residents.

What are the 5 main safeguarding issues? ›

What are Safeguarding Issues? Examples of safeguarding issues include bullying, radicalisation, sexual exploitation, grooming, allegations against staff, incidents of self-harm, forced marriage, and FGM. These are the main incidents you are likely to come across, however, there may be others.

What can social services do and not do? ›

What Social Services Cannot Do. Social services cannot remove your child from your home without an order by the court, your consent, or a Police Protection Order. Additionally, social services cannot decide what will happen to your child or place your child in permanent foster care without a court's decision.

What does a Section 17 assessment determine? ›

A 'child in need' assessment under section 17 will identify the needs of the child and ensure that the family are given the appropriate support in enabling them to safeguard and promote the child's welfare.

What are 5 examples of abuse? ›

Examples include intimidation, coercion, ridiculing, harassment, treating an adult like a child, isolating an adult from family, friends, or regular activity, use of silence to control behavior, and yelling or swearing which results in mental distress.

What are the 5 types of elder abuse? ›

The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment.

What is the most common type of elder abuse? ›

The most common type of elder abuse is neglect. Some examples of neglect are not giving them their medicine, protecting them from danger, not providing food or water, and not taking care of their hygiene if they are unable to do so themselves.

How can you preserve evidence of abuse in a care home? ›

Ways to ensure that evidence of abuse is preserved
  1. Record evidence on a body chart (see one here)
  2. Keep clothing unwashed.
  3. Keep written records in a safe place.
  4. Take photographs, if appropriate.

What are the 4 main areas of abuse? ›

Most States recognize four major types of maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse. Additionally, many States identify abandonment, parental substance use, and human trafficking as abuse or neglect.

Videos

1. Nursing Home Abuse Case Value | Atlanta Injury Attorneys
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2. Three Signs of Atlanta Nursing Home Neglect
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3. Georgia Nursing Home Neglect Attorney for Head Trauma Cases
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4. Chicago Nursing Home Abuse and Neglect Attorneys | Levin & Perconti
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5. Why Choose Schenk Smith as Your Atlanta Nursing Home Neglect Lawyer?
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6. Georgia Nursing Home Neglect Attorney for Internal Injury Cases
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