When you entrust a loved one to a nursing home, you expect them to receive proper care. Unfortunately, nursing home abuse is a harsh reality for many families. Duluth’s elderly population is growing, leading to a rise in abuse cases.

Elder abuse can be physical, emotional, sexual, financial, or neglect. Studies show that around 10% of individuals over 65 suffer from abuse, affecting many families in Duluth and Gwinnett County.

Our Duluth Nursing Home Abuse law firm understands the pain and anger of discovering your loved one has been mistreated. We provide compassionate support and legal expertise to ensure justice is served. Our dedicated lawyer specializes in nursing home abuse cases, holding those responsible accountable.

If you suspect abuse, don’t wait. Contact our Duluth nursing home abuse lawyer today for a free consultation to protect your loved one.

Do You Have a Case?

Determining whether you have a valid nursing home abuse case in Duluth, GA involves proving several key elements.

Duty of Care

Nursing home facilities owe a duty of care to their people in nursing homes. This means that nursing home staff members must provide a standard of care that ensures the safety and well-being of each resident. Nursing homes must adhere to state law regulations and maintain a safe environment free from abuse and neglect.

Breach of Duty

A breach of duty occurs when nursing home staff fail to meet the expected standard of care. This breach can manifest as outright abuse, such as:

  • Physical abuse
  • Emotional abuse
  • Verbal abuse
  • Financial abuse

Neglect in nursing homes, such as failing to provide adequate medical care or basic necessities, also constitutes a breach of duty. We cover these areas of abuse in more detail further below.

Causation

Causation is the link between the breach of duty and the harm suffered by the victim. To establish causation, it must be shown that the breach directly caused the injuries or damages.

For instance, if your loved one in a nursing home experienced nursing home abuse or negligence, and this directly resulted in harm, causation is established.

Damages You Can Recover

Here are the main categories of damages that can be pursued in a nursing home abuse case:

Economic damages cover the tangible financial losses that result from the abuse or neglect:

  • Medical Expenses: Costs for medical treatment related to injuries sustained due to abuse, including hospital bills, therapy, and medications.
  • Lost Wages: If you had to take time off work to care for your loved one or attend medical appointments, you may recover lost income.
  • Out-of-Pocket Expenses: Any additional costs incurred, such as transportation to medical appointments or hiring home care services.

Non-economic damages address the intangible effects of nursing home abuse:

  • Pain and Suffering: Compensation for the physical pain and emotional distress your loved one experienced due to the abuse or neglect.
  • Emotional Distress: Damages for the psychological impact, including anxiety, depression, or loss of enjoyment of life.
  • Loss of Companionship: If the abuse affected your relationship with your loved one, you may seek damages for the emotional loss you experienced.

Punitive damages go beyond compensation for losses and are intended to punish the nursing home or staff for particularly egregious behavior. These damages aim to deter future misconduct and are typically awarded in cases of extreme negligence or intentional harm.

So, if you believe your loved one in a nursing home has suffered abuse or neglect, our experienced Duluth personal injury lawyers are here to help.

We offer a free consultation to discuss your case and explore your legal options. Contact us today to ensure your loved one receives the justice they deserve.

lonely elderly woman sitting on wheelchair feeling sad

Common Types of Abuse

Nursing home residents in Duluth may face various types of abuse and neglect:

  • Sexual Abuse: Involves unwanted sexual attention or touching by staff members or other residents. This can include unwanted fondling, touching, penetration, or any advances of a sexual nature. Such acts are a severe violation of trust and dignity.
  • Verbal Abuse: When staff members make threats or use insulting, demeaning remarks to coerce or intimidate residents. This type of abuse can severely impact the emotional well-being of residents, causing fear and distress.
  • Physical Abuse: Includes hitting, slapping, or striking a resident unreasonably. Any form of physical aggression towards a nursing home resident is unacceptable and constitutes abuse.
  • Neglect of Care: Neglect at a nursing home can occur when residents do not receive proper medical care, meals, or hygiene assistance. Failing to address these needs can lead to serious health issues, such as pressure ulcers or infections.
  • Inadequate Monitoring: Many nursing home residents require constant medical care and supervision. Failing to monitor residents, take vital signs, or respond to medical complaints promptly can result in severe health complications, including heart attacks or strokes.
  • Facility Cleanliness: Nursing home staff must maintain clean and sanitary conditions. Unclean facilities can lead to the spread of germs and illness. Resident rooms and common areas must be kept clean to prevent injuries and illnesses.
  • Medical Errors: Errors in medication administration can have serious consequences. Staff must ensure residents receive the correct medication and dosage. Mistakes can lead to severe allergic reactions or other health issues.
  • Lack of Supervision: Proper supervision is important, especially for residents with dementia or mobility problems. Without the right oversight, they might get injured from falls or wander away from the facility, which can be very dangerous.

If your loved one in a nursing home in Duluth has suffered abuse or neglect, it’s essential to seek legal assistance.

Our experienced nursing home abuse attorneys can investigate the situation, file complaints, and pursue compensation for your loved one’s injuries.

How to Get in Touch With Us

Getting in touch with us is easy! Here are the different ways you can reach out:

Brauns Law Firm: Nursing Home Abuse Law Firm in Duluth

At the Brauns Law Firm, we are dedicated to fighting for the rights of nursing home abuse victims in Duluth, Georgia. What sets us apart is our unwavering commitment to our clients and the community. We understand the struggles you face after an accident, from mounting medical bills to missed work and the emotional toll of your experience. Our team is here to guide you through the entire legal process, ensuring you never feel alone.

We specialize in personal injury cases, including nursing home abuse, and we believe that everyone deserves fair treatment. Insurance adjusters often prioritize their bottom line over your well-being, but we’re ready to stand up for you and fight for the financial compensation you need and deserve.

When you choose us you’re not just getting a lawyer—you’re gaining a partner who cares about your recovery and future.

Meet Your Duluth Nursing Home Abuse Attorney

Led by our founding partner, David Brauns, who has extensive experience as an insurance defense attorney, we understand how insurance companies operate and leverage that knowledge to advocate effectively for our clients.

With a background as a software engineer, David applies a process-driven approach to ensure quality and efficiency. We utilize advanced technology, including practice management software and virtual case files, to keep cases organized and clients informed.

We believe in providing a high standard of service. Our team assists clients with every aspect of their case, from coordinating repairs and rental cars to securing healthcare services and managing communications with bill collectors.

Every client receives personalized care and attention. We are committed to supporting you through this challenging time and helping you achieve the justice you deserve.

Contact us today to learn more about how we can assist you.

What Clients Think of Us

Compassionate, prompt service!

“David and his wonderful team treat and respect you like you’re their family. So compassionate and very prompt with my case.”

Detailed, great communication!

“I had a great experience with Brauns Law. David, Elsa, and Chris were extremely detailed and thorough. Great communication and they kept me updated every step of my case. You can tell they really have a passion for what they do, and for their clients’ best interest. I would highly recommend Brauns Law!”

Caring, supportive team!

“After a terrible accident me and my family were in, we checked online for a good lawyer, and we came across Brauns Law. From the very first moment of speaking with them, they were very concerned first and foremost of our mental and physical condition. Everyone that was involved was nice and very pleasant. Great communication from the paralegal, Haley as well. I would definitely recommend.”

Important Initial Advice!

If you think someone in a nursing home is being abused or if you’ve found out it’s happening, it’s important to act quickly. Here are some simple steps you can take:

  • Ensure Safety: First and foremost, make sure your loved one is safe. If they are in immediate danger, contact local authorities or move them to a safe environment.
  • Document Everything: Gather as much evidence as possible. Take photographs of any injuries, document incidents, and keep records of conversations with staff members.
  • Report the Abuse: Notify the nursing home administration about your concerns. Additionally, report the abuse to the Georgia Department of Human Services or local law enforcement, if necessary.
  • Seek Medical Attention: Ensure your loved one receives a thorough medical evaluation to address any physical or psychological injuries.
  • Contact an Attorney: Reach out to a nursing home abuse attorney from our firm—we can guide you through the legal process and help protect your loved one’s rights.

Taking these steps can help make sure your loved one gets the care they need and that the abuse is dealt with. Acting quickly can make a difference!

Deadlines

In Georgia, the statute of limitations for filing a nursing home abuse claim is typically two years from the date of the incident. This means you have a limited time to take legal action.

So, don’t delay! Missing this deadline can prevent you from seeking the compensation your loved one deserves.

Reaching out to a lawyer as soon as you think there’s been abuse is important. We can guide you through the legal process and make sure your case is filed on time.

The sooner you take action, the better your chances are of building a strong case and getting the justice your loved one deserves.

Gathering Evidence

After discovering nursing home abuse, it’s important to start gathering evidence right away, even though it might feel overwhelming during such a difficult time. Here are key pieces of evidence to collect:

  • Police Documentation: If you reported the abuse, obtain any police reports or documentation that detail the incident.
  • Medical Records: Get copies of your loved one’s medical records that show any injuries or treatment related to the abuse.
  • Eyewitness Statements: Talk to anyone who witnessed the abuse or the conditions in the nursing home. Written statements from these witnesses can be very helpful.
  • Photo/Video Evidence: Take pictures or videos of any visible injuries or unsafe conditions in the nursing home. This can include things like unsanitary living conditions or signs of neglect.
  • Incident Reports: Ask the nursing home for any internal reports about the incident. These can provide additional context about what happened.
  • Caregiver History: Gather information about the staff members involved and any history of complaints against them.

We know that gathering this evidence can feel overwhelming, especially when you’re dealing with the emotional and physical stress of abuse. That’s why it’s important to get in touch with elder abuse lawyers who can take this weight off your shoulders.

If you let us handle the hard work, you can focus on helping your loved one recover while we build a strong case for justice. Don’t hesitate to reach out for help!

depressed disabled senior man sitting on wheelchair

What Can I Expect to Pay?

At our firm, we operate on a contingency fee model. This means you don’t pay any upfront fees. Instead, we only get paid if you win your case. This approach allows you to pursue justice without the stress of worrying about legal bills piling up while you focus on recovery.

Our fees are usually a percentage of the settlement or award you receive, so you can feel confident knowing we’re motivated to get the best possible outcome for you.

If you have any questions about costs or how our fee structure works, feel free to call us. We’re here to help you every step of the way!

Why Choose Us Over Other Duluth Nursing Home Abuse Attorneys?

Choosing the right attorney for a nursing home abuse case can be challenging, but here’s why our firm stands out from the rest:

  • We treat every client like family. Your concerns and needs are our top priority, and we take the time to listen and understand your unique situation.
  • Our team specializes in personal injury cases, particularly nursing home abuse. We know the ins and outs of these cases and how to fight for your rights.
  • We have a history of successful settlements and verdicts for our clients. Our results speak for themselves, demonstrating our commitment to getting you the compensation you deserve.
  • With our contingency fee model, you don’t pay unless we win your case. This means you can pursue justice without worrying about upfront legal costs.
  • We believe in giving back to our community. Our firm is actively involved in local charities and initiatives, reflecting our commitment to helping others beyond just our legal work.
  • Every case is handled with care and attention. You won’t be just another number; we ensure you receive the support and communication you need throughout the process.

When you choose us, you’re choosing a dedicated team that will fight for your loved one’s rights and work tirelessly to achieve justice. Let us be your trusted advocates in this difficult time.

Duluth Nursing Home Negligence FAQ

There are many different types of behaviors that may constitute neglect or abuse at a nursing home or long-term care center.

Some of the most common types of neglect and abuse include:

  • Sexually abusing a nursing home resident – Sexual abuse in the nursing home setting involves unwanted sexual attention or touching by a staff member or another nursing home resident. Sexual abuse may include unwanted fondling, touching, penetration, or advances of a sexual nature.
  • Verbal abuse of a nursing home resident – Verbal abuse in the nursing home setting can occur when a staff member makes threats against a resident, in an attempt to coerce the resident into doing something against their will. Insulting or demeaning remarks directed at a nursing home resident can also constitute verbal abuse.
  • Physical abuse of a nursing home resident – Hitting, slapping, or otherwise striking a nursing home resident in an unreasonable way constitutes physical abuse.
  • Failing to care for a nursing home resident properly – When a person lives in a nursing home or long-term care center, the expectation is that the staff there will care for the resident properly and make sure to reasonably address all needs. Proper care involves seeing to the resident’s medical needs, making sure that the resident receives their meals, and bathing the resident regularly. Failing to wash a resident regularly can lead to serious medical problems, such as pressure ulcers.
  • Failing to monitor residents – Most nursing home residents are at such a facility because they require medical care around the clock. The nursing home is responsible for seeing to all residents’ medical needs and taking care to monitor these residents. Monitoring residents often requires taking their vitals (including their blood pressure and temperature) regularly, and responding to resident complaints (including pain complaints) and symptoms promptly. In addition, nursing home staff must promptly respond to resident symptoms, such as complaints of chest pains or shortness of breath. Failing to do so may result in a heart attack, stroke, or untimely resident death.
  • Failure to ensure facility cleanliness – Nursing homes must make sure that their facilities, including resident rooms, are sufficiently clean at all times. Particularly in the age of COVID-19, unclean facilities can be a breeding ground for germs and ultimately lead to illness or a resident’s death. In addition to keeping resident rooms clean, nursing facilities must also ensure that common areas, including hallways, are clean and free from debris and liquids. When these substances are present on the floor, nursing home residents (especially those who roam) may slip and fall, sustaining a severe injury.
  • Medical errors – Many individuals who reside in a Duluth nursing facility are required to take several different types of medication multiple times per day. Nursing home staff members are responsible for making sure that these residents are given the correct medication at the proper time of day and in the right dosage. When nurses mix up drugs or give out an incorrect dosage, serious complications can arise for nursing home residents. For example, some residents may be allergic to a particular medication; if a nursing home staff member negligently gives a resident that medication, then the resident may become seriously ill or even die as a result.
  • Inadequate resident supervision – Many individuals go to nursing homes because they can no longer care for themselves and require constant monitoring. Although some nursing home residents require a higher level of supervision than others, all residents require some degree of oversight while staying at the nursing facility. When staff members do not supervise residents properly, they may sustain a fall injury (such as in the bathroom) or some other serious injury that can have a permanent effect. Moreover, unsupervised elderly individuals with dementia may even leave the facility unexpectedly.

If you have a loved one who resides at a long-term care center, such as a nursing home, and you believe that they may be the victim of nursing home neglect or abuse, you should retain the services of experienced legal counsel as soon as possible.

Our experienced attorneys can investigate the abuse allegations at the nursing facility. If there is a likelihood of abuse, our legal team can assist you with filing a legal complaint and taking necessary legal action against the nursing facility.

Suppose your loved one was injured or acquired a medical complication as a result of the abuse or neglect. In that case, we can assist you in pursuing monetary compensation and damages from the responsible nursing home staff member or the nursing home itself.

When it comes to neglect and abuse in the nursing home setting, certain symptoms and signs are often present. Unfortunately, these signs may go unnoticed by visiting family members. With that occurs, neglect or abuse can go on for months or years.

Some of the most common symptoms and signs of nursing home neglect and abuse to look out for include:

  • Vaginal discharge and bleeding – Discharge or bleeding surrounding a resident’s vaginal area may be a sign that sexual abuse is occurring.
  • Mood swings – In many instances, nursing homes residents who are victims of abuse or neglect will become socially isolated and withdrawn. Moreover, they may be more hesitant to take part in activities that they formerly enjoyed. Residents may also appear socially disinterested and not willing to interact with others.
  • Bruises and other marks on a nursing home resident’s body – When abuse or neglect is taking place in the nursing home setting, there will be bruises, abrasions, lacerations, cuts, or other marks on the resident’s body in many cases. If you observe any of these marks on your loved one’s body, but you are not aware that they sustained a recent injury, such an injury may be a sign that neglect or abuse is occurring. At other times, these marks may indicate that the resident fell recently, which could mean that the nursing home is not correctly cleaning or maintaining the facility regularly. This lack of attention to hygiene and safety by staff members can be another form of nursing home negligence.
  • Pungent smells – Whenever there is an unpleasant smell in a resident’s room, the scent may be a sign that the nursing home is not properly maintaining the room or cleaning it regularly. The odor may also be a sign that nursing home staff are not bathing the resident or changing adult diapers regularly.
  • Resident illnesses – If your loved one frequently comes down with unexpected illnesses, such instances may be signs they are not receiving the proper medication or that the facility is not a hygienic environment and not being appropriately maintained. When nursing facilities are unclean, residents can develop illnesses that they may not have otherwise contracted.
  • Bedsores – A bedsore, which is also called a pressure ulcer, can appear when a resident is not being bathed regularly or turned properly (and regularly) in their bed or chair. Nursing home residents who must sit or lie down for long periods of time, including those individuals confined to a wheelchair or a bed, may experience bedsores. Your loved one developing a pressure ulcer may be a sign that the nursing facility is not maintained properly or that staff members are providing insufficient attention and care to the residents.

If you have a loved one residing in a long-term care facility, such as a nursing home, and you are noticing any of the signs or symptoms listed above, abuse or neglect may be occurring. Speak with a knowledgeable Duluth nursing home negligence attorney at Brauns Law Accident Injury Lawyers, PC as soon as possible.

Our legal team can investigate these signs and symptoms to determine if the nursing home is being neglectful. If so, we can take legal action against the nursing home to pursue and recover damages on behalf of your ill or injured loved one.

Depending upon the specific act of negligence, several individuals may be held responsible for nursing home neglect or abuse. Essentially, anyone who works at the nursing home can be liable. These individuals typically include nurses, nursing assistants, physicians, physical therapists, dietitians, and administrators who work at the nursing home and interact with residents regularly.

If you suspect that one or more of these individuals has neglected your loved one, resulting in an injury or illness, the knowledgeable Duluth nursing home negligence attorneys at Brauns Law Accident Injury Lawyers, PC can help. After investigating your claim, our legal team can assist you with pursuing monetary compensation or damages for the injuries or illnesses that your loved one received. Depending upon the circumstances, you may have a valid legal claim against negligent employees or even the nursing home itself.

Most nursing homes and their employees hold themselves to a standard of reasonable care. In other words, a nurse should hold themselves to the standard of care of a reasonable nurse who is acting under the same or similar circumstances. The nursing homes themselves are also required to perform reasonably at all times when caring for and medically treating their residents.

In cases where a nursing home employee fails to act reasonably under the circumstances, you or your loved one may file a claim or lawsuit against the responsible employee. Moreover, you may have a legal claim against the nursing home itself for failing to supervise the employee and ensuring that the employee acted reasonably under the circumstances.

Nursing homes are responsible for making sure that they hire and retain quality employees, and that these employees are adequately and correctly supervised and trained. Moreover, when an employee becomes problematic, nursing homes are responsible for terminating their employment.

The skilled Duluth nursing home negligence lawyers at Brauns Law Accident Injury Lawyers, PC can help you identify the person or persons responsible for neglect or abuse in your loved one’s nursing home. We can then file a claim or lawsuit against all of the responsible individuals or against the nursing home itself.