Smyrna Nursing Home Abuse Lawyers and Georgia Nursing Home Abuse Attorneys
Amanda Hall Injury Law Offices can assist with nursing home abuse claims in Georgia.
About 1.3 million Americans live in nursing homes, according to the Centers for Disease Control and Prevention (CDC), and more than half are over the age of 75, increasing chances for dangerous circumstances for abuse, or exacerbated health conditions to cause them harm. As more older adults move into long term care facilities, neglect continues to be a widespread problem where the services of injury lawyers may be needed. Recent statistics compiled by the National Association of Nursing Home Attorneys (NANHA) show that about 5 million nursing home residents are abused each year, including nursing home negligence cases.
Smyrna Georgia Increased residential need.
Preparing for the care of loved ones as they age has become a hard realization as people live longer requiring assistance, companionship, and more intense supervision than geographically distant family members are able to provide in person. Professionals who have delayed having children, or relocated for careers far from parents, find themselves with responsibilities for growing children and aging parents at the same time, and are referred to as the “sandwich generation. This forced “hands off” approach to elder care may put loved ones at risk for abuse, or neglect because family members cannot check-up on loved ones frequently. Negligent harm, or abuse may require the services of skilled Smyrna nursing home abuse attorneys in Georgia when incidents occur.
Centers of Medicare and Medicaid Services.
The Centers for Medicare and Medicaid Services (CMS) provide website information where families and individuals can compare nursing homes nationally, and within the state through the Nursing Home Checklist, and the agency’s Nursing Home Compare site which identifies violations for administrative deficiencies and abuse citations.
Forms of nursing home abuse in Smyrna.
Nursing home abuse can occur during various daily living situations through methods of:
- Verbal abuse – oral, written language, or improper gestures that include critical, offensive, and belittling terms to residents, or families.
- Sexual abuse – sexual harassment, sexual coercion, or sexual assault.
- Physical abuse – affect control by the threat of corporal punishment, or hitting, pushing and painful restraint.
- Mental abuse – humiliation, harassment, punishment, or deprivation, and gas lighting.
- Involuntary seclusion – separating a resident from other residents or even confining them against their will, or the will of the resident’s legal representative.
- Unintentional Abuse – warning signs include developing bed sores, exacerbation of conditions like diabetes caused by changes in medication, diet and exercise, frequent falls, or poor hygiene including the lack of bathing, or brushing teeth.
If you or someone you love was injured in Smyrna due to nursing home abuse contact a Smyrna nursing home abuse lawyer by calling (678) 445-7423 now.
Smyrna nursing home abuse residents’ rights.
In accordance with The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987, a duty of care is owed to Georgia nursing home residents. Smyrna nursing home neglect attorneys can be of assistance to Smyrna Georgia residents who have had their rights violated through deviations in the standards of care outlined in NHRA. When sub-standard care results in harm to a resident, possible legal action may be taken against a nursing home and/or the treating medical professionals.
Smyrna nursing home neglect lawyers can help with claims that include acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger. Compensation may be available to individuals, or loved ones when a resident has suffered injury, or death from deviations of resident rights. Smyrna nursing home attorneys who specialize in nursing home laws in Georgia can help.
Smyrna nursing home administration and staff.
O.C.G.A. TITLE 9 Chapter 3 Article 4 addresses medical malpractice actions when an individual is injured while under the care of a health care provider, and must be filed within two years. The “hands-on caretakers” should be adequately educated and trained for the specialty practices involved in nursing home care for elders. When a certain level of care is not maintained and it leads to the harm of a resident, Smyrna nursing home abuse attorneys can help sort out the damages.
Proving liability in a Smyrna nursing home abuse case.
Circumstances surrounding a negative event in a resident’s care are not always clear to someone who was not directly involved. Nursing home abuse lawyers who specialize in nursing home laws may be able to assist in piecing pertinent information together to determine legal action for nursing home abuse when injury or death occur. Nursing home residents will be required to prove a breach in duty of care, such as the actions, inaction, or neglect of staff members, as well as actual harm resulting from the alleged negligence, or abuse for a lawsuit to be successful. Damages may include:
- Compensatory damages. Include economic damages for present and future loss of earnings, medical bills, future medical care, household expenses and non-economic damages for pain and suffering, mental anguish and loss of consortium, or companionship.
- Punitive damages. When a defendant’s actions are found to be intentional, and harmful, punitive damages may be awarded to punish them as a means to deter future similar acts. Georgia law allows punitive damages in some cases when harm and intent are proven.
Smyrna nursing home wrongful death.
Wrongful death actions in Georgia can be filed when a person’s death is directly caused by neglect, or carelessness by another individual and must be proven. The timeframe for filing a wrongful death claim in Georgia is two years from the date of a person’s death, with reasonable support that a nursing home’s negligence, or intentional action played a role in causing the death. Experienced Smyrna nursing home injury lawyers can assist with determinations of legal action based on the individual case.
Damages in these lawsuits can include:
- Projected economic losses
- Other out of pocket expenses
- Medical bills
- Funeral and burial expenses
- Compensation for pain and suffering, loss of companionship
- Punitive damages on a case-by-case analysis.
Smyrna nursing home abuse lawyers.
Georgia nursing home victims, or their loved ones should consult with an attorney after a nursing home accident leads to injury, or death. Legal counsel will be able to represent victims in court, objectively speak for them against an insurance company’s legal team and take steps toward a fair monetary award. If you have witnessed signs of nursing home abuse during visitations, Amanda Hall Injury Law Office can assist you with your questions and actions toward damage compensation.
If you or someone you love was injured in Smyrna due to nursing home abuse contact a Smyrna nursing home abuse lawyer by calling (678) 445-7423 now.
Amanda Hall Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 445-7423
Fax Number: 678 445 7431
Sources:
https://www.medicare.gov/sites/default/files/2019-10/NursingHomeChecklist.pdf
https://www.congress.gov/bill/100th-congress/house-bill/3545/titles
https://www.medicare.gov/nursinghomecompare/search.html
