Practice Areas

Questions about Nursing Home Abuse

Atlanta, Georgia

What is nursing home abuse or neglect?

Any failure to provide a nursing home resident with the care and services necessary for health and safety, such as food, shelter, clothing, supervision, and medical care, may be considered nursing home abuse or neglect. Often the distinction between abuse and neglect will be determined by whether the act was intentional or just careless.

Examples of nursing home abuse and neglect include:

Development of bed sores and ulcers
Injuries resulting from restraint or lack of restraint
Failure to assist in personal hygiene
Sexual assault
Failure to prevent falls
Acts of violence committed against a resident by a staff member or by another resident

What rights do nursing home residents have?

By law, residents of nursing homes that participate in the Medicare program have the right to be free from verbal, sexual, physical, and mental abuse. Furthermore, staff members may not use physical or chemical restraints for the purpose of discipline or convenience. These restraints can only be used to treat a medical condition or protect the safety of other residents. A physician must specifically request the use of this restraint in writing, clearly stating the duration and circumstances where the restraint may be used.

Nursing home residents in facilities that are not regulated by the federal government still have rights; however, these rights vary by state.

Can a resident still sue a facility for abuse or neglect if he does not have a contract with the nursing home?

Yes. The following actions may make a facility liable for abuse or neglect, regardless of whether there is a contract between the nursing home and the resident:

Negligent personal supervision and care
Negligent hiring and retention of employees
Negligent maintenance of the nursing home
Assault and battery, including sexual assault

Why is nursing home abuse and neglect so common?

The following factors make nursing homes settings that are particularly prone to abuse and neglect:

Unqualified or poorly trained staff
Negligent hiring practices leading to staff members with a history of violence
Understaffing
Isolation of residents
The known reluctance of residents to report incidents of abuse due to embarrassment or fear of retaliation

What kind of damages can I recover in a nursing home abuse claim?

You may be entitled to receive compensation for:

Past and future medical expenses
Emotional distress
Loss of quality of life
Pain and suffering
Physical impairment and disfigurement

Please contact our Atlanta nursing home abuse lawyers today to schedule your free initial consultation. Robbins & Associates serves clients in Atlanta, Georgia.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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