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What You Should Know about Elder Abuse

September 27, 2019

According to the Center for Medicare and Medicaid Services, they are just a few of the governmental agencies that assist in overseeing the care and services that nursing homes offer to the country’s aging population.  In spite of this, elder abuse continues to happen all too often.  In fact, statistics demonstrate that over one million nursing home residents are subjected to abuse on an annual basis.

Active forms of elder abuse can take several forms and may including kicking, punching, hitting, restraining or sexually assaulting an elderly individual.  Passive elder abuse includes a failure to provide medical care, nutrition, sufficient activity and personal hygiene.  Emotional elder abuse may involve verbally and emotionally abusing an elder individual or isolating them.

In light of the above, it is clear that elder abuse is a significant problem that can lead to serious consequences for the victim and his or her family.

There are several reasons why elder abuse happens:  lack of employee care and attention, inadequate training of staff, low wages, a shortage of nursing home staff, or a past criminal record of some of the nursing home employees.

Nursing home residents are protected pursuant to state and federal laws that require nursing homes to provide quality care and to respect the integrity and rights of nursing home residents.  When a form of abuse happens, or when a state or federal law is violated, a nursing home resident can file a complaint with agencies of the state and/or federal government.

Medicare and Medicaid were created in 1965 to regulate the nursing home industry and ensure that the elderly receive the highest quality care that they deserve.  In Georgia, the state passed what is known as the Bill of Rights for Residents of Long Term Care Facilities pursuant to O.C.G.A. § 31-8-126.  Unlike under federal law, the State of Georgia provides a cause of action for damages should a nursing home facility to violate the patient’s Bill of Rights.  

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If your loved one has suffered harm at a nursing home, caused by someone else's negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries for over 37 years.

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 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 and use our Free Case Evaluation Form or 24-hour live 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.