Stockbridge Nursing Home Abuse Lawyer
Placing an elderly or disabled loved one into a long-term nursing facility could be a heartbreaking decision. While you may realize that your loved one needs skilled nursing care, taking away their independence and relying on others to care for them properly is a big step. Despite some families’ best efforts to place their loved one in the best nursing home possible, abuse may still occur.
When situations like these arise, a compassionate Stockbridge nursing home abuse lawyer may be able to help. A hard-working personal injury attorney could assess the circumstances of the case to determine if there is a valid claim. If so, they could file a lawsuit on your behalf.
Nursing Home Abuse Under State Law
Nursing home abuse is generally defined by the Official Code of Georgia §31-8-81 as an intentional or extremely negligent act or lack of action that causes the resident injury. Examples of nursing home abuse may include assault and battery, failure to provide care, and sexual harassment. Nursing home abuse can lead to broken bones, bedsores, sepsis, and a variety of other health problems.
Stockbridge Nursing Home Resident Rights
Under Georgia state law, nursing home residents have several important rights that the facility administration and staff must discuss with a resident and their family member upon admission to the facility. As a knowledgeable attorney could explain, the rights of nursing home residents include:
- Privacy
- Non-discrimination
- Proper nutrition
- Freedom of choice
- Independence from restraints
Nursing home staff is both directly and indirectly responsible for ensuring these rights for every resident. If they are not compliant, there could be a censure from the state and the patient and their loved ones may need to hire a Stockbridge attorney to file a nursing home abuse lawsuit on their behalf. Examples of non-compliance could include failing to prevent accidents, failing to provide adequate supervision of residents, or a failure to provide nursing home residents with safe living conditions.
Nursing Home Abuse Causes of Action
There are a few different causes of action a nursing home abuse lawyer in Stockbridge could use to base a plaintiff’s case upon. Each cause of action involves convincing a civil court that the staff at the nursing home in question have broken the law or failed to adhere to a standard of care.
Professional or regular negligence stems from the standard of care that staff at nursing homes owe to residents. When this standard of care is not met, grounds for a lawsuit may exist. If nursing home staff violated the Georgia Bill of Rights for Long-Term Care Facilities, the staff is generally not providing them with the standard of care they are entitled to under the law.
Finally, nursing facilities that accept Medicare and Medicaid typically must follow their rules and regulations. The law states that these must be followed, no matter a resident’s condition. If they are not adhered to, this could be admitted into evidence in a civil case.
Stockbridge Nursing Home Abuse Attorney
If your loved one has expressed concern, or you are worried about how they are being treated in a nursing home, you may have legal options available to you. It may be advantageous to consider speaking with a skilled Stockbridge nursing home lawyer. They could examine the factors surrounding a loved one’s care at a nursing facility and work to hold a negligent or abusive party accountable for their actions.
