Georgia Nursing Home Negligence Lawyer

Types & Signs of Nursing Home Abuse

One of the hardest things to do to prevent abuse in nursing homes is to accurately identify cases of it. Distinguishing between signs of abuse and the natural aging process can be challenging at times. Many medical conditions, including dementia and Alzheimer's, can cause someone to behave strangely, lose interest in past interests, or suddenly lose weight and lose appetite—all of which are possible indicators of abuse. On the other hand, a resident may fall and get fractures and bruises that could be mistaken for physical abuse.

This is the reason it's critical to watch out for any signs of abuse when you pay a visit to a loved one. A more comprehensive picture of living conditions may also be provided by surprise visits carried out at various periods.

According to Georgia's Department of Human Services, abuse of older and disabled people, sometimes known as "at-risk adults," is one of the most underreported and under detected issues in the country.

If you witness any or all of the following potential signs of abuse, you should absolutely consider reporting the occurrence to the authorities and consulting with a nursing home abuse attorney as soon as possible. This is especially important if you believe your loved one is being abused or ignored.

Physical Abuse: Any purposeful act of violence that results in trauma or bodily harm toward a patient in a nursing home is referred to as physical abuse. Staff workers or other residents of assisted living facilities may commit this kind of abuse. A resident may be physically restrained or imprisoned for extended periods of time, as well as struck, bit, shoved, pushed, clutched, or otherwise mistreated.

Signs of physical abuse:

● Bruises

● Broken bones

● Cuts and abrasions

● Head injuries

● Unexplained wounds

● Fear of being touched

Emotional Abuse: Emotional abuse is the psychological anguish, anxiety, dread, or agony as a result of another person's words or actions. Spotting warning signs of emotional, verbal and psychological abuse is harder to spot compared to physical violence. However, this type of abuse frequently manifests as observable changes in the victim's behavior. A few examples include calling the resident names, berating them, isolating them, and using disparaging language. It’s important to closely monitor the suspected victim for any unusual behavioral changes since this form of nursing home abuse can have severely damaging psychological impacts.

Signs of emotional abuse:

● Depression

● Anxiety

● Withdrawn behavior 

● Increased agitation

● Non-communicative   (especially in front of  staff members)

● Sudden rocking and other  compulsive behaviors

● Heavy medication/ sedation

Sexual Abuse: Since some residents of assisted living homes may not be able to give their consent, staff members and administrators hold authority over them and this makes them vulnerable to non-consensual sexual acts. Unwanted touching, groping, exposure also constitute as sexual abuse and can lead to psychological, emotional, and physical distress for the residents.

Signs of sexual abuse:

● Sexually transmitted infections (STIs)

● Pelvic bleeding or pain

● Unexplained pain or injuries in the genital area

● Emotional and social withdrawal

● Repeated urinary tract infections 

● Difficulty sitting or walking

Neglect: Intentional or inadvertent failure to give basic preventative care and adequate treatment to residents of nursing homes is carelessness, but it differs from other forms of abuse where a resident is intentionally and maliciously damaged by another person's acts. Neglect can occur from caregivers and facility personnel as well as from medical professionals and physicians (malpractice).

Signs of neglect:

● Malnutrition

● Dehydration

 ● Bedsores

 ● Unclean living quarters

 ● Dirty bedding and linens

 ● Poor hygiene

 ● Secondary infections

Financial Abuse: Unfortunately, there are those who look to take advantage of nursing home residents' fragility in order to make money. In order to perpetrate fraud and abuse, facility employees or administrators occasionally try to gain financial control over a resident. Unauthorized access to resident funds, forged bank records, false bills for services rendered, theft of residents' property or cash, and coercion to relinquish control over one's finances are a few instances of financial exploitation.

Signs of financial abuse:

● Missing possessions and belongings

● Unexplained bills, loans or bank withdrawals

● Forged checks

 ● Identity theft

 ● Sudden changes in will recipients or spending patterns

 ● Resident not willing to discuss financial matters

Who Is Liable for Nursing Home Abuse? 

The state of Georgia holds anyone who abuses or neglects nursing home residents accountable. Knowing who to pursue legal action against if your loved one has suffered physically, psychologically or financially can help you detect and prevent abuse from happening. The possible parties to be aware of are: 

Nursing home staff and facility caregivers

The nursing home staff, aides, volunteers and caregivers are the parties most frequently found guilty in cases of abuse and negligence. These people interact directly every day with your loved ones and are in charge of each resident’s care, safety and well-being. 

Nursing home administrators

Even though they aren’t typically in charge of the resident’s day-to-day, administrative staff is in charge of overseeing their accounts and finances and puts them in a prime position to conduct fraud and financial abuse if they wanted to. 

Treating doctors and nurses

Residents of nursing homes typically need ongoing medical care. If a healthcare provider fails to diagnose a patient’s ailment or falsely bills for services that were never rendered, they can be held liable for abuse. 

Other residents

If they aren’t given the necessary attention and oversight, it is possible for one resident to abuse another one either physically, emotionally or sexually. If the perpetrator has a mental or cognitive condition that leads them to act inappropriately, they might not always be held accountable for the abuse, but the facility and personnel may be for neglecting to keep their other residents safe. 

Visitors

The likelihood isn’t high, but a visiting family member or friend may be the one to take advantage of a nursing home resident, as non-relatives are the typical perpetrators of nursing home abuse. Residents can legally reject visitors and if their wishes aren’t granted and abuse occurs, nursing home personnel may be held liable. 

Nursing home facility

Should a person suffer injury, the facility (or the organization in charge of overseeing the assisted living facility) can be held accountable. All inhabitants of nursing homes are legally entitled to an environment free from abuse, harm, and neglect, whether it be from other residents, staff members, or outside guests. The nursing home’s failure to fulfill this duty may lead to the facility being held accountable.

Compensation in Nursing Home Abuse Lawsuits

A victim of abuse in a nursing home or senior care facility may pursue damages from the perpetrator and their immediate family members, according Georgia law. If a long-term care facility resident is not yet retired and is unable to return to work, economic losses may include missed pay as well as medical costs for essential therapy or treatment for physical or psychological issues.

Non-economic damages are frequently awarded as compensation in incidents of mistreatment at nursing homes. These damages are intended to make up for non-economic losses that the defendant caused the victims, such as pain and suffering, mental anguish, emotional distress, and a diminished quality of life.

Punitive damages may also be available to plaintiffs in situations involving abuse or neglect in assisted care homes. These are meant to hold the defendant accountable for willful, gravely negligent, and exceptionally serious actions.