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Caretakers in nursing homes are expected to provide residents with diligent care, including proper supervision and attention.
However, there are instances when nursing home staff neglect their duties and misuse their authority to abuse residents in various ways.
Nursing home abuse is unfortunately prevalent, often due to issues such as low wages, understaffing, and the challenging nature of caring for elderly individuals with disabilities that impair their ability to make independent decisions.
Another major factor contributing to elder abuse is inadequate employee screening, which allows unqualified individuals to work with vulnerable residents.
In this post, we will examine the different types of abuse faced by many nursing home residents and identify who has the right to file a lawsuit on their behalf.
For more information about our nursing home negligence attorneys in Atlanta, click here.
Types of Nursing Home Abuse
Types of Nursing Home Abuse
Nursing home abuse can manifest in various ways, some of which might not be immediately apparent, while others are blatant and impossible to ignore.
This behavior is not only morally unacceptable but can also lead to numerous lawsuits from residents and trigger police investigations into the facility.
While various forms of abuse occur, some are so prevalent that they necessitate closer oversight by supervisors.
Here are some of the most common types of abuse seen in these facilities:
Physical Abuse
Physical Abuse
Physical abuse involves inflicting harm on a nursing home resident, crossing the line from negligence to intentional violence against an elder under care. This can include violent acts like kicking, pushing, and punching, as well as harmful behaviors such as confining residents to their rooms for extended periods or administering incorrect medication.
Sexual Abuse
Sexual Abuse
Sexual abuse can occur at any time, particularly affecting victims who are physically disabled and unable to defend themselves. This egregious behavior may be committed by caretakers entrusted with the residents' care or even by other residents. Many victims are physically and mentally unable to report the abuse or may fear retaliation for speaking out.
Neglect
Neglect
Neglect happens when caretakers fail to meet their responsibilities, breaching the duty of care owed to residents. Although neglect does not involve physical violence, it is still a serious form of mistreatment that can lead to significant harm and legal repercussions for those responsible.
Residents' Rights at Nursing Homes
Residents' Rights at Nursing Homes
With over a million seniors living in nursing homes, these facilities must follow specific guidelines to receive Medicare or Medicaid funding.
To improve the quality of care for residents, federal law introduced the Nursing Home Reform Act—a comprehensive Bill of Rights aimed at addressing these issues.
This legislation ensures that every resident receives a minimum standard of care, which must be maintained by both the facility’s management and its staff.
The Bill of Rights includes provisions such as freedom from abuse, protection of privacy, clear communication between staff and residents, appropriate accommodations, freedom from physical restraints, and the right to express grievances.
Any breach of these rights can result in a nursing home neglect lawsuit, filed by the affected resident or, if they are unable, by a representative acting on their behalf.
Who Can File a Nursing Home Lawsuit?
Who Can File a Nursing Home Lawsuit?
Victims of mistreatment or their representatives have the right to file a lawsuit and seek compensation for both economic and non-economic damages caused by the abuse.
If the abuse results in a wrongful death, the victim's family or estate can pursue a wrongful death lawsuit in addition to the abuse claim.
In nursing home abuse lawsuits, liability is generally determined in two ways: breach of contract and violation of law.
A breach of contract occurs when the nursing home fails to meet the agreed-upon level of care promised to the resident in exchange for a fee, providing grounds for a lawsuit.
A violation of law happens when a nursing home does not adhere to the minimum care standards set by federal and state regulations. In such instances, residents can sue the facility for failing to comply with these legal requirements.
Get in Touch with Our Nursing Home Abuse Attorneys!
Get in Touch with Our Nursing Home Abuse Attorneys!
Handling the complexities of nursing home law—whether related to physical abuse, emotional abuse, sexual assault, or wrongful death—requires specialized legal expertise.
At the Law Offices of Julian Lewis Sanders & Associates in Atlanta, we are committed to securing the compensation that victims of nursing home negligence rightfully deserve.
If you or a loved one has suffered abuse in a nursing home, contact us for a free consultation.
Our skilled attorneys are prepared to guide you through the legal process and assist in pursuing your compensation claims.
Click the button below to begin today.
The Law Offices of Julian Lewis Sanders & Associates
The Law Offices of Julian Lewis Sanders & Associates
3560 Lenox Rd #1500, Atlanta, GA 30326
3560 Lenox Rd #1500, Atlanta, GA 30326
(678) 705-9581
(678) 705-9581
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