When you entrust your loved one to the care of a nursing home, you fully expect that nursing home to provide your elderly relative with the excellent health care he or she deserves. Sometimes, however, nursing homes fall short of this level of care, and sometimes, nursing homes are even negligent in their provision of care. If your loved one has been injured or suffered because of what you believe is nursing home negligence, don’t hesitate to consult with an experienced Gwinnett County nursing home negligence attorney. Negligence is never acceptable, and negligence in a nursing home or assisted living facility is especially egregious.
Nursing Homes and Duty of Care
Nursing homes owe a duty of care to their residents, and this duty of care extends to assessing each resident for his or her individual needs and to implementing a plan of care that adequately addresses these needs. This means that the healthcare facility to which you entrust your loved one’s care is responsible for ascertaining your relative’s unique vulnerabilities and for creating an individualized plan of care that addresses and provides for these unique needs.
Your Loved One’s Claim
If your loved one has been injured due to nursing home neglect, you are no doubt overwhelmed by the situation. After all, you carefully chose a nursing home to protect and provide for your aging relative—and certainly never expected for him or her to be harmed by neglect. At Brauns Law Accident Injury Lawyers, PC in Duluth, Georgia, we understand how emotionally taxing neglect cases can be, and we’re here to help. We have the experience, skill, dedication, and compassion to help ensure that you and your loved one are adequately compensated for your ordeal.
Nursing Home Neglect
Nursing home neglect can take any number of forms, and every case is unique. There are, however, four primary categories of such neglect:
- Social or emotional neglect
Sometimes, a nursing home will fail to provide a resident with adequate social or emotional engagement. Sometimes, the staff at a nursing home is overworked in general and can become irritated with those residents whom they identify as needing too much help. Whatever the reason for such neglect, however, the effect is the same—social or emotional neglect. - Neglect in the form of personal hygiene
Personal hygiene is fundamental to personal health, but when residents rely on the nursing home staff to help them with such essential aid, its absence can have devastating effects. Personal hygiene can include laundry, oral hygiene, daily bathing, and other forms of basic hygiene that are essential to healthy daily living. - Neglect in the form of basic needs
Basic needs include such necessities as adequate hydration, nutrition, and other elements of a safe, clean living environment. When nursing homes fail to afford their residents with these essential factors of daily living, they can be found negligent. - Neglect in the form of medical care
Residents of nursing homes usually require ongoing medical attention. When the healthcare facility fails to provide adequate care, complications can ensue, including bed sores, infections, cuts, diabetic complications, cognitive impairment, mobility issues, and much more.
Nursing homes are charged with allowing elderly individuals to live their fullest lives. When these healthcare facilities neglect to provide the basic elements of such, they can be found legally negligent.
The Warning Signs
If you’re concerned that your elderly loved one may be exposed to nursing home neglect, it can be difficult to definitively prove. There are, however, some telltale signs of such negligence:
- A resident who suddenly loses or gains weight
- A resident with unexplained bedsores or pressure ulcers
- A resident who experiences unexplained dehydration
- A resident who experiences unexplained malnutrition
- A resident who experiences a marked change in behavior
- A resident who exhibits a marked change in personal hygiene or appearance
- A resident who experiences a marked decrease in social interactions with fellow residents
The marked appearance of environmental hazards in the resident’s dwelling, including poor lighting, slippery surfaces, hazardous mobility devices, and unsafe furniture
The Nursing Home Environment
Living in a nursing home subjects the residents to the whims of the facility. If the nursing home is negligent in its duties, residents are at serious risk of experiencing unsatisfying and/or unhealthy living conditions. Such neglect can lead to injury, disease, infection, physical harm, and even death. Some forms of nursing home neglect are obvious to the outside observer, but others are far less noticeable and can go undetected. If you suspect that nursing home negligence is at play in the facility where your loved one resides, do not hesitate to consult with a personal injury attorney with extensive experience litigating nursing home negligence claims.
Preventing Nursing Home Negligence
A well-managed and well-run nursing home should be attuned to every residents’ reasonable needs. Those patients who are categorized as high risk for potential injury, for example, should receive the individualized care they need to protect them from such injuries. Those residents with mobility issues, on the other hand, should receive the mobility aid they need. In other words, effective nursing home care is based on the residents’ unique needs and is reliably consistent.
Pay Careful Attention
When a nursing home fails to provide your loved one with the minimum acceptable level of personal health care—including social and/or hygiene needs—that facility is negligent in its duties. Because the elderly are often unable to adequately and effectively voice their concerns, those living in nursing home environments are especially vulnerable to neglect.
Your best line of defense against nursing home neglect is to pay close attention to the signs around you. Visit your elderly relative regularly and at varied times, and notice how the facility runs, how the staff treats the residents, and the mood at mealtimes. If you identify significant signs of neglect that you believe have harmed your loved one, take it upon yourself to seek experienced legal counsel.
Gwinnett County Nursing Home Negligence FAQ
At Brauns Accident Injury Law Firm, we have several years of experience representing clients in complex Gwinnett County nursing home abuse cases. Our compassionate and dedicated legal team understands the federal and state laws that govern these egregious violations. You can rely on us for the accurate facts you need to make informed legal decisions for you and your family members.
Nursing home abuse brings up many emotions and hundreds of questions. Here our attorneys address some of the most common concerns and questions about nursing home abuse in Gwinnett County and throughout Georgia.
The federal law addressing the rights of nursing home patients plainly expresses that a nursing home resident “has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.”
Furthermore, it defines the following terms:
- Abuse: The intentional infliction of the deprivation of care, injury, intimidation, punishment, or unreasonable confinement that results in bodily harm, pain, or emotional anguish.
- Neglect: The failure to provide a patient or resident the care and services which are necessary to keep them free of pain or harm. It doesn’t matter if the failure is intentional or not. It can also be a failure to react to circumstances that cause physical or emotional damage to the person.
Typically, there are many warning signs of nursing home abuse and neglect. Keep in mind that it’s essential to always trust your instincts. If something seems off with your family member, don’t hesitate to act. If you learn that they’re suddenly ill or have a serious, unexplained medical issue, ensure they get medical care immediately. Then, reach out to our law firm. We will help you every step of the way. We can evaluate your potential legal case at no cost and explain all the legal options available to you during this difficult time.
The warning signs of nursing home abuse and neglect include:
- Unexplained injuries: This is one of the most common signs of Gwinnett County nursing home abuse nationwide. A broken arm, fractured hip, or another severe injury might result from nursing home employee abuse or a failure to supervise your family member. We can investigate what happened and help you hold the nursing home and its staff members accountable for their actions.
- Sudden weight loss: This could be a sign that the nursing home is not feeding a resident enough or due to some problem at the nursing home. Sudden weight loss might be related to diarrhea, an infection, or other medical issues that need attention.
- Unexplained bruises: Abusive nursing home employees often bruise residents’ arms, body, and face. Such unexplained bruises could also be from a violent, fellow nursing home resident. In either case, nursing homes should be held responsible for their actions. Nursing homes are obligated to carefully select whom they hire to work for them. In addition, they need to properly screen residents to make sure they don’t permit someone dangerous or violent to reside there.
- Sudden mood changes: Unexplained mood changes in your loved one could be another warning sign to heed. They might seem more withdrawn, get angry more easily, cry more often, appear depressed, or talk noticeably less than usual. Any of these sudden mood changes mean they are being abused or neglected in their nursing home. Speak to your loved one about what might be going on, and then talk to us to learn more about your legal rights.
- Unexplained infections: Unsanitary conditions in a nursing home can often result in infections of many types, such as viral illness, skin infections, and urinary tract infections. Unfortunately, the conditions that can cause an infection are often present due to neglect and understaffing. It should go without saying that nursing homes need to be cleaned regularly, including changing the bedding and ensuring that residents receive regular baths, assistance with grooming and personal hygiene and that they’re wearing clean clothes. If not, they can develop severe and deadly infections.
- Change in finances: Nursing home neglect and abuse don’t stop with physical or emotional mistreatment. It can also include financial abuse. Suppose you start to notice unexplained bills, missing checks, double billing, or bills for services not rendered to your loved one. In that case, the nursing home might be exploiting vulnerable residents. They aren’t as aware of their finances and their financial situation as others outside of the nursing home. It’s imperative to act fast if you notice any unusual financial transactions or sudden changes in your loved one’s financial circumstances. First, reach out to your local law enforcement agency and then to us. We will help you stand up for your loved one’s financial rights and well-being.
- Restricted visits: Nursing home residents who are suffering from abuse and neglect may suddenly have their visitors restricted. Staff may be attempting to avert you from picking up on any of these signs that you might notice if you are physically present. As such, they might try to prevent you from visiting the nursing facility. Unexpectedly, visiting hours at the facility might be diminished or canceled altogether. If the nursing home refuses to permit you to visit your loved one, contact our law firm. We can get to the bottom of what is going on and help you with your next steps.
Other signs of abuse and neglect that nursing home residents might show include:
- Bedsores or pressure ulcers
- Dehydration
- Malnutrition
- Falls
- Head injuries
- Instances of wandering or elopement
- Not wanting to engage verbally with family members or friends when nursing home staff members are around
- Unexplained injuries in various stages of healing such as bruises, skin tears, or broken bones
- The unexplained or unexpected death of the resident
- Unexplained weight loss
- Obviously unsanitary and unclean conditions in the resident’s room or throughout the entire facility
- Unusual or sudden changes in behavior, such as biting, fear of being touched, rocking, sucking
Don’t overlook these signs, no matter how minor they might seem. Taking note of any changes and acting accordingly could save your loved one’s life or even the life of another vulnerable resident who cannot speak for themselves under the circumstances.
Yes, never hesitate to contact the authorities anytime you think abuse or neglect might be taking place. Even if you’re not confident that a crime occurred, it’s always better to be on the safe side. Suppose a crime has taken place at the nursing home. In that case, the law enforcement officers need to initiate their investigation as soon as they can. The sooner you call, the sooner they can begin. Any delay might lead to the nursing home accidentally or intentionally destroying evidence. Without evidence, it’s challenging to create a strong legal case against the nursing home for abuse.
In Georgia, the Office of the State Long-Term Care Ombudsman investigates all assertions of nursing home abuse or neglect. Keep in mind that local law enforcement agencies may also be part of the investigation. When you hire an attorney, they will conduct their own thorough and independent investigation.
Most of the time, the deadline for filing a legal complaint against an abusive or neglectful nursing home is two years. Known simply as the statute of limitations, the deadline might seem like a long time, but the longer you wait to report suspicious circumstances, the more difficult it will be to find valuable evidence in your case.
What’s also very concerning is that if you decide to wait to report it or pursue legal action, the abuse or neglect will likely continue—putting your loved one and other nursing home residents at risk. Don’t let this happen. Report the abuse to the state and the proper authorities. Then take control of your loved one’s situation by calling us. You can count on us to advocate for their rights and their safety.
You don’t have to talk to anyone from the insurance company, and you shouldn’t feel obligated to. In fact, it’s in your and your loved one’s best interest if you don’t communicate with the nursing home’s insurance company if they reach out to you. Even though their questions might sound simple and easy to answer, they’re merely fishing for information they can use to reduce or deny your loved one’s injury claim.
There’s often a lot of money at stake concerning medical expenses related to nursing home abuse or neglect. Even if you are only trying to be cooperative and polite, speaking to them can jeopardize the value of your nursing home abuse and neglect claim. Simply inform them that you have retained legal counsel, and they should call us. We are well-versed in the tactics they use and know how to deal with them effectively on your behalf.
No. Certainly not until you talk to us.
If you’re like most people, you want to get your claim settled as soon as possible and move on with your life. However, what most people don’t know is that insurance companies use this to their advantage. By offering a low settlement early on, they can tempt you into accepting an unfair and unrealistic offer.
Your offer likely doesn’t come close to covering all the related injury expenses. Medical bills always add up quickly. Your family member may even need more medical care in the future stemming from their physical injuries. You cannot ask for more money down the road once you accept a settlement offer. Always carefully consider such an offer and discuss it with one of our experienced nursing home abuse and neglect attorneys before accepting it. We can examine your settlement offer and advise you on whether it’s fair or not. More often than not, it isn’t.
Unfortunately, there is no blanket answer to this question. Every case is unique as the victim’s involved in it. However, when you schedule a consultation with us, we can review the facts of your case to help estimate what your case might be worth.
The value of your claim can depend on:
- The extent of the abuse and neglect
- The type and severity of the injuries and damages suffered
- If your relative was the only victim
- The types and limits of the applicable insurance policies
- The evidence available to prove the claim
- The liability of the nursing home employees and the nursing home itself
Rest assured that when you work with our knowledgeable and competent legal team, we will do all that we can to maximize your compensation.
There are numerous reasons for you to have an experienced Georgia nursing home abuse attorney on your side. Your nursing home abuse lawyer works for you and your loved one, not anyone else. Having an advocate on your side who commits to doing what is right for you and standing up for your loved one can make all the difference in such a stressful situation.
Your attorney doesn’t work for the state, law enforcement, or an insurance company. They focus on making sure your family’s rights come first. Your attorney can ensure your loved one’s needs are paramount and that they get the time and attention they deserve. Learn more about how a nursing home abuse lawyer can help you by talking to a skilled attorney Brauns Law Accident Injury Lawyers, PC today. You can count on us to be your family’s voice for justice in Gwinnett County and the surrounding areas.
