Nursing homes and other long-term care facilities are required by Georgia and federal law to treat our elderly loved ones with respect and dignity. Even while we want to put our faith in nursing homes, we can’t always count on them to do what’s right. Abusive staff workers could put your loved one at risk.
It is possible to hold parties responsible for elder abuse in Kennesaw, GA, accountable if a member of your family has been a victim of such abuse. Kennesaw nursing home abuse attorneys could assist you in filing a lawsuit against the liable parties.
Your Elderly Loved One’s Safety Comes First
Before you consider filing a lawsuit against the nursing home, be sure that your senior loved one is safe from harm. You should work on getting them out of the facility first. Furthermore, under O.C.G.A. § 31-8-82, people who suspect or have proof of nursing home abuse must report it to the appropriate government authorities as soon as possible.
- The Division of Aging Services
- Adult Protective Services
- The Healthcare Facility Regulation office
- The Cobb County State Long-Term Care Ombudsman
These government agencies will conduct formal investigations into the nursing home and penalize the facility accordingly. Keep in mind, however, that these departments are not first responders. If you believe your loved one is in immediate danger, do not hesitate to call 9-1-1 or local law enforcement to have your family member rescued right away.
For a free legal consultation with a nursing home abuse lawyer serving Kennesaw, call (404) 888-8888
What Is Considered Abuse In Kennesaw Nursing Homes?
In general, nursing home or elder abuse is defined under O.C.G.A. § 30-5-3 as intentionally inflicting:
- Physical pain and injuries
- Sexual abuse
- Mental abuse
- Detaining the elder against their will
- Depriving the elder of their needs (food, water, medicine, and so on)
Nursing home residents are under the protection of the Georgia Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100). Nursing homes and other care facilities must uphold their residents’ rights. Failure to do so can be grounds for an abuse lawsuit.
Our nursing home abuse attorneys can find evidence to determine if what your loved one in Kennesaw suffered from qualifies as abuse or neglect. While abuse is willful, neglect is harm typically caused by carelessness.
Kennesaw Nursing Home Abuse Lawyer Near Me (404) 888-8888
Liability in a Kennesaw Nursing Home Abuse Case
Determining liability in a Kennesaw nursing home abuse case can be complicated because it is contingent on the surrounding circumstances. However, in most cases, the nursing home’s personnel and management are negligent. After all, they are accountable for meeting residents’ needs under applicable state and federal standards.
Our staff can further investigate to determine the full extent of the care facility’s fault in your loved one’s abuse case. For example, implementation of care standards, employee screening practices, or security measures could all be causes for abuse.
A Third Party Could Be At Fault for Your Loved One’s Abuse
Although nursing home abuse is typically associated with staff maltreatment, it may also include another party. For instance, a visitor could abuse the residents. However, the nursing facility would remain partially responsible in this instance.
If they have security measures in place. Furthermore, they may have intentionally allowed the abuser to continue abusing the elders instead of reporting the perpetrator to the authorities or filing an administrative report for facility management.
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Recovering Nursing Home Abuse Damages
A successful Kennesaw nursing home abuse settlement or award looks like you and your elderly loved one recovering damages from the nursing home (or other liable parties). These typically come in two types: economic and non-economic damages.
Economic damages help cover the actual expenses the abuse caused. These can include:
- Hospitalizations and medical treatments
- Therapy expenses
- Cost of moving to a new nursing home
Meanwhile, non-economic damages compensate for your elder loved one’s intangible losses are:
- Disfigurements and disabilities caused by the abuse
- Physical pain and suffering
- Psychological trauma
- Emotional and mental anguish
- Loss of enjoyment of life
Your attorney can compile records of your elder loved one’s expenses, such as medical bills. Having as much proof of these losses as possible will make calculating your total recoverable costs more accurate in your Kennesaw nursing home abuse case.
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File Your Nursing Home Abuse Lawsuit on Time
The statute of limitations for nursing home abuse is generally two years O.C.G.A. § 9-3-33. Therefore, you and your elderly loved one have up to two years to file a lawsuit for damages. While this might seem like a long time, it would be best to start working on the abuse case sooner rather than later. The court normally rejects civil claims if plaintiffs miss their filing deadline.
Some instances exist where the statute of limitations can toll or stop the countdown. For example, O.C.G.A. § 9-3-94 will pause the timeline if a liable party leaves Georgia. The time frame resumes once the defendant returns to the state.
Your attorney will ensure that you file your case on time. For instance, they can check if tolling exceptions apply to your situation. Your lawyer will complete all tasks the lawsuit requires so your family can focus on other matters.
Seek Justice for Your Elderly Loved Ones Harmed By Nursing Home Abuse
Getting abused by people who should be taking care of you can be a traumatizing experience for your senior loved one. We understand the pain you and your family are going through and are ready to fight for your right to fair compensation. Our Kennesaw team can help file your case and be your advocate.
We also help families that lost loved ones to nursing home abuse. Your lawyer could tell you if you could file a wrongful death claim for compensation related to your loved one’s passing.
Our team has settled nursing home abuse cases throughout Georgia for over 12 years. We also work in other injury-related practice areas, including medical malpractice, product liability, and auto accidents.
Reach Out to Our Team So We Can Start On Your Nursing Home Abuse Case
Call Scott Bader Injury Lawyers anytime for a free consultation. We can answer questions about how long your personal injury claim could take and what your case could be worth.
Call or text (404) 888-8888 or complete a Free Case Evaluation form