Why Nursing Home Abuse Victims Need an Experienced Atlanta Nursing Home Attorney


September 16, 2014

When families entrust their aging loved ones to the care of a nursing home, they expect that the facility will provide adequate staffing both in terms of the quantity and quality of staff. If a nursing home cuts corners or fails to conduct adequate screening and supervision of staff members, the consequences for vulnerable nursing home residents can be devastating. Because elderly nursing home residents might suffer from cognitive limitations cause by Alzheimer's disease or dementia, residents might have a harder time alerting loved ones or seeking help when they are being mistreated, neglected or abused.

The Georgia legislature has recognized the vulnerability of elderly residents that reside in long-term care facilities. To provide protections for residents in such facilities, the Georgia legislature created the patient bill of rights. These enumerated rights are designed to protect elderly residents of long-term care facilities. Some of these rights include the right to refuse treatment, the right to choose between alternate forms of treatment, the right to receive adequate care and services, the right to change physicians, the right to participate in a treatment plan, the right to privacy and other rights aimed at preserving the self-determination and dignity of residents in nursing home facilities.

Institutional abuse of nursing home residents can take many forms, so family members should be vigilant about noting signs of abuse that might include severe injury, broken bone, sudden weight loss, lack of hygiene, unexplained bruises or welts, burns, bed sores or other physical manifestations of abuse or neglect. If you suspect that your loved one is being mistreated in a long-term care facility, contact an experienced Atlanta nursing home abuse attorney to discuss your loved one's situation and legal rights. The attorney will also know how to uncover abuse by reviewing records, testimony and other forms of evidence.

Another important reason that elderly abuse victims need an experienced nursing home abuse lawyer is that there are a wide range of applicable laws and causes of action that might provide a basis for seeking financial compensation. By way of example, the vast majority of long-term health care facilities receive funds from the state and federal government. If the facility receives these forms of funding, Medicare/Medicaid regulations will apply to the facility. While Georgia state laws provide a private cause of action, some federal laws like 42 U.S.C. Section 1395 do not authorize a private cause of action. However, the standards mandated by those regulations can still be used as evidence of a violation of the requisite standard of care. The many laws and regulations that impact nursing homes and the practical problem of handling the legal issues involved in this type of claim make it prudent to speak to a nursing home neglect attorney.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case

If you or a close family member has suffered mistreatment in an Atlanta nursing home, contact our Atlanta nursing home abuse lawyers to discuss your legal rights and to learn how we can help. Montlick and Associates has been representing those who suffer serious injuries throughout all of Georgia and the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.