Georgia Nursing Home Abuse and Neglect Lawyer
The Gwinnett County nursing home abuse and neglect lawyers at Dermer Appel Ruder can help your family with a lawsuit in Atlanta and all surrounding areas. We take elder abuse extremely seriously, sparing no resource in the pursuit of justice. We not only want to achieve financial compensation for your damages, but a change within the nursing home industry. Our firm will do everything we can to make sure your loved one doesn’t fall prey to abuse or neglect at a local facility again. Contact us now to start with a free case evaluation.
Nursing Home Abuse Statistics
According to available data, about 10% of nursing home residents suffer some form of abuse. A study in New York estimated that 260,000 seniors in the state suffered abuse in nursing homes. Nursing home abuse remains widely underreported throughout the U.S. Elderly victims are often too afraid or incapacitated (mentally and/or physically) to report situations involving abuse, neglect, or malnourishment. Therefore, it is important to take current statistics with a grain of salt, realizing that the actual occurrence of nursing home abuse is likely much higher.
Defining Nursing Home Abuse
“Nursing home abuse” refers to the intentional infliction of physical, mental, emotional, psychosocial, sexual, or financial injury upon elderly residents at a nursing home, either by the establishment, an employee, or another party. Nursing home neglect is the careless failure to fulfill duties to senior citizens, intentional or not. Nursing home abuse and neglect can both inflict serious and even fatal consequences on elderly victims. If you or a loved one have suffered in any way, please contact our Gwinnett County nursing home abuse and neglect attorney to help hold the responsible accountable.
Types of Nursing Home Abuse
Nursing home abuse and neglect don’t only refer to physical injuries. A perpetrator can abuse a senior citizen in a few different ways – all of which are equally dangerous. The five main types of nursing home abuse are:
- Physical abuse
- Emotional/mental abuse
- Financial exploitation
- Sexual abuse
Be on the lookout for signs of all types of abuse, not just bruising or unexplained injuries. Signs of emotional abuse can include withdrawal, depression, and anxiety. Keep an eye on your loved one’s finances to detect financial abuse.
Proving Nursing Home Abuse and Neglect
Nursing home abuse/neglect cases require four main elements of proof for the plaintiff to receive financial compensation: duty, breach, causation, and damages. Duty is easy to prove since all nursing homes owe high duties of care to their residents. A breach refers to any violation of duties to residents, including abusing the elderly or providing inadequate care. Causation means that the defendant’s breach was the main cause of the damages in question. Damages can include personal injuries, financial losses, property damage, and pain and suffering.
You will need evidence of the nursing home (or its employee’s) negligence or intent to harm to prove your elder abuse case in Georgia. Evidence can take the form of photographs of a property hazard, statements from people who witnessed the neglect or abuse, testimony from subject matter experts, medical records, and police reports. Our Gwinnett County nursing home abuse and neglect lawyers can help you gather evidence and build a case against the party allegedly responsible for your loved one’s injuries.
Federal and state laws state that all nursing home and similar facilities bear responsibility for the “physical, emotional, and psychosocial” well-being of elderly residents. This means nursing homes have a legal duty to provide for residents’ health, wellness, and happiness as much as is reasonably possible. Failing to fulfill this duty, resulting in resident injury, illness, or wrongful death is an act of negligence that could result in facility liability. Identifying the liable party in your particular case could take an investigation by our law firm.
Why Do You Need a Lawyer?
A skilled Gwinnett County nursing home abuse and neglect attorney from Dermer Appel Ruder can make all the difference in your nursing home abuse case. We have experience filing lawsuits against prominent retirement communities, long-term care facilities, nursing homes, and hospices throughout Georgia for elder abuse and neglect. Our firm serves all of Atlanta and surrounding areas.
Start your lawsuit with a discussion about your case for free at our local Gwinnett County location.
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