Nursing home staff and medical professionals are trained to care for residents and provide for their needs. Sadly, neglect and abuse are common in nursing homes, whether through negligent care or intentional harm. It is crucial to protect your loved ones and seek legal counsel to hold the negligent parties accountable. An Atlanta nursing home abuse lawyer can help.
At Schenk Nursing Home Abuse Law, we will use every tool at our disposal to help with your case. Our dedicated attorneys are experienced in fighting for residents and their families to pursue the financial compensation needed to set things right. Contact us today by phone or using our online contact form to schedule a free case evaluation.
Our Legal Team Can Help With a Wide Variety of Nursing Home Abuse Cases
If a family member suffers from abuse in a care facility, the lawyers at our firm are here to help. We can provide you with legal services in a wide range of cases. Learn more about how our personal injury lawyers in Atlanta can serve as your:
- Bedsores lawyers
- Infections lawyers
- Medical errors lawyers
- Falls lawyers
- Emotional abuse lawyers
- Sexual assault lawyers
- Malnutrition lawyers
- Physical abuse lawyers
- Sepsis lawyers
- Wrongful death lawyers
We are ready and waiting to get started on your case. Our team understands the challenges that come with these cases and will do everything we can to help you through the process and secure a favorable outcome for you and your loved one.
For a free legal consultation with a Nursing Home Abuse lawyer serving Atlanta, call (678) 823-7678
Identifying Different Types of Nursing Home Abuse
Nursing home abuse can take many forms. Some abuse may occur because of malicious intent by a staff member toward a vulnerable resident. However, many types of abuse are due to neglect or other forms of negligent behavior. Both instances can cause serious harm to a resident and warrant a claim for damages.
Different Forms of Nursing Home Abuse Include:
- Lack of proper nutrition and water deprivation
- Emotional trauma and abuse
- Rape or other sexual abuse
- Financial abuse or theft
- Failure to routinely change bedding
- Illegal or unnecessary confinement
- Passive neglect
- Physical abuse and harm
- Isolating residents from family members
- Unsanitary conditions
These abuses should not go unanswered. Concerned family members must report signs of mistreatment and seek advice from an elder abuse attorney who handles these cases in Atlanta.
Atlanta Nursing Home Abuse Lawyer Near Me (678) 823-7678
Holding the Care Facility Liable in an Abuse Case
If your loved one suffered abuse, you are likely wondering about your rights to file a legal claim. In addition to pursuing legal action against the nursing staff at the facility, you could have grounds to file a lawsuit against the assisted living facility. Care homes are required to take measures to protect their residents, including:
- Ensuring the facility is adequately staffed for the number of residents living there
- Ensuring all employees working at the care home have adequate training to provide for the needs of the residents
- Ensuring their employees are adequately supervised and that they are providing the necessary care for the residents
If the needs of the residents in the nursing home are not being met, the owners can be held liable for any damages resulting from mistreatment or neglect. An experienced nursing home abuse attorney serving Atlanta can help you identify all liable parties in your case and pursue a claim for compensation.
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Proving Negligence in a Nursing Home Abuse Case
When a loved one suffers from elder abuse at an assisted living facility, you will likely need to prove that the damages they incurred were the result of mistreatment or neglect. To prove negligence in these cases, you must establish the presence of four elements:
- Duty of care
- Breached duty of care
- Damages
- Causation
Duty of Care
The first thing you will need to establish is that the at-fault party owed your loved one a duty of care. Proving the existence of a duty of care in these cases is straightforward. After all, the job of the care home and the employees working there is to provide care to residents. They have a responsibility to take reasonable action to ensure the well-being of all residents.
Breached Duty of Care
The next step in proving negligence is showing that the liable party breached their duty of care. You can show that a breach occurred in a variety of ways depending on the specifics of your case. For example, if you can prove that there were not enough employees working in the facility to provide all the residents with the attention they need, a breach of duty is clear.
Alternatively, evidence of neglect, such as malnutrition and bedsores, can go a long way to establishing that the duty of care was violated.
Damages
You will then need to prove that your loved one suffered damages. The most common way to prove damages if your loved one was physically injured as a result of nursing home abuse is by submitting their medical records related to the injuries they sustained along with the corresponding medical bills.
Causation
The final step is showing how all the pieces fit together. An experienced lawyer can help demonstrate to the court how the liable party breaching their duty of care was the direct cause of the damages you incurred.
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Signs of Nursing Home Elder Abuse in Atlanta
It is crucial to keep an eye out for signs of nursing home abuse to stop any instances from progressing. Signs might include, but are not limited to:
- Physical harm and wounds
- Sexually transmitted infections
- Fall injuries
- Isolation
This list is not exhaustive, and many instances of neglect or abuse can be challenging to identify. A seasoned nursing home abuse attorney serving Atlanta can investigate any potential mistreatment and help protect nursing home residents who may be unable to speak up for themselves.
Reporting the Abuse to Legal Authorities
When a family suspects their loved one is being abused, they should immediately reach out to the authorities. Adult Protective Services (APS) works to protect elderly adults and disabled adults over the age of eighteen.
A qualified attorney could also assist with making a report and advise a family on legal options for addressing the mistreatment. Holding the negligent staff member or facility accountable through a nursing home abuse claim may result in compensation to help the victim and their family move forward with their lives.
A nursing home abuse lawyer in Atlanta can play an essential role in gathering evidence of the abuse and proving the responsible parties.
Recoverable Damages in a Nursing Home Abuse Case
When attempting to recover compensation after your loved one suffers physical and emotional abuse, there are a variety of damages you will likely be able to recover.
Common Compensatory Damages in These Cases Include:
- Medical expenses
- Future medical costs
- Mental anguish
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Permanent disability
If a loved one was killed as a result of abuse while living in a care facility, you may be eligible to file a wrongful death claim to recover compensation from the liable party. An experienced wrongful death attorney can help you build your case to recover the money you need and deserve.
Contact an Atlanta Nursing Home Abuse Attorney
Nursing home residents deserve top-quality care in their facilities, and you deserve the peace of mind that your loved ones are being treated properly. Any instances of mistreatment should be dealt with swiftly, and negligent parties should be held liable for their misconduct.
If you suspect your loved one is being mistreated, let an experienced Atlanta nursing home abuse lawyer advise you and your family on your legal options. At Schenk Nursing Home Abuse Law, we know how these cases are handled and will be able to build a strong case in support of your claim.
Contact our firm today to get the support and guidance you deserve.
Call or text (678) 823-7678 or complete a Free Case Evaluation form
