Georgia Nursing Home Abuse: Compensation for Nursing Home Abuse or Neglect


September 07, 2010

Discovering that someone we love has been the victim of nursing home abuse or neglect can be heartbreaking. A recent report indicates that as many as two million people over the age of 65 have been abused or neglected. Nursing home abuse and neglect is even more appalling because many of those abused lack the ability to protect themselves or are afraid or unable to alert others that they are being victimized. A recent study revealed that as many as 30% of nursing home staff members admit to having engaged in conduct constituting abuse or neglect. It is reasonable to assume that this estimate probably understates the magnitude of the problem. At Montlick and Associates, Attorneys at Law, we have been dedicated to helping injured people for over 25 years, and we can help.

The nursing home industry is currently feeling the impact of a recent California jury verdict of $677 million against a company that owned multiple nursing homes. The systemic neglect which was largely a result of a lack of inadequate staffing is not unique. Inadequate staffing is a common cause of nursing home abuse and neglect. Many nursing home facilities skimp on staff or training to increase their profit margin, resulting in a poor quality of care or actual abuse.

Nursing home abuse and neglect can take many forms including physical abuse, sexual abuse, emotional abuse, neglect, abandonment/isolation, and financial abuse. These forms of abuse are described below:

  • Physical Abuse: Physical force which may cause bodily injury, physical pain or impairment. This may be manifested in improper physical restraint, such as tying the resident to the bed or by use of chemical restraints with sedation.
  • Sexual Abuse: Any sexual act with an elderly person who does not consent. If the resident is elderly, the resident may not be able to consent.
  • Financial Abuse: This involves any type of improper use of a resident's assets or funds.
  • Neglect: This involves the failure to carry out the duties and obligations of caring for a resident's basic needs, including providing adequate hydration, nutrition, hygiene and medication.
  • Isolation/Abandonment: The staff of the facility that has assumed responsibility of care for the resident cannot isolate or abandon the resident.
  • Emotional Abuse: This often involves causing mental anguish or distress through verbal or non-verbal acts including but not limited to blaming the resident for actions beyond the resident's ability to control, such as soiling oneself.

Nursing home abuse is particularly saddening because it frequently involves victimization of society's most vulnerable people. The federal and state government impose licensing and facility and care standards for nursing homes, and failure to comply with those standards can be a basis for imposing liability. At Montlick and Associates, Attorneys at Law, our Georgia nursing home neglect attorneys understand the importance of carefully examining documents and records related to government mandated inspections and past violations.

If you or someone you love has been the victim of nursing home abuse or neglect in the Atlanta area or anywhere in Georgia, our experienced team will help you or your loved one seek compensation for their mistreatment. The attorneys of Montlick and Associates, Attorneys at Law can assist victims of nursing home neglect and abuse throughout Georgia including but not limited to the cities of Albany, Athens, Atlanta, Augusta, Columbus, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller and rural towns in the State. Call us today for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com.

Category: Personal Injury

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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.