Nursing Home Negligence
When you place a loved one in a nursing home, you expect them to be treated with dignity and respect. Far too often, the elderly are being abused by the very people that are supposed to take care of them. When professional institutions fail to provide the care that our elders deserve, it can be a difficult situation for everyone involved. A Marietta nursing home negligence lawyer at Miller Legal Services can provide compassionate and skilled representation to victims of nursing home neglect and abuse. Norman Miller has practiced for over three decades, and has obtained favorable settlements for approximately 2,000 clients.Signs of Nursing Home Negligence
According to the Georgia Department of Human Services (GDHS), the population of those aged 60 and older will increase by approximately 75% by the year 2030. This means that the number of individuals who enter licensed-care facilities will increase accordingly. According to the Centers for Medicare and Medicaid Services, there were an estimated 1.4 million residents in nursing homes throughout the United States in 2011. Given the vast number of people who reside in these facilities, elder abuse is a major concern.
If your loved one is in a nursing home, it is important for you to be vigilant for any signs of abuse or neglect, including:
- Deteriorating health conditions
- New or unexplained cuts or bruises
- Rapid weight changes
- Odd or unusual changes in behavior
- Changes in medications
- Sudden decline in morale or self-esteem
- Unhygienic living conditions
If you notice a sudden change or suspect that something is wrong, you should take action to protect the rights of your helpless loved one by consulting a lawyer.Establishing Liability for Nursing Home Abuse
Assisted-living facilities are subject to many requirements under both state and federal law. Georgia nursing homes are required to have qualified and competent nursing staff as well as other staff to be on duty at all times to ensure sufficient care for residents. More specifically, each nursing home is required to have at least one physician, one dentist, and one registered nurse. Each resident must be able to visit the physician at least once a month.
Each licensed-care facility must provide social services to ensure that residents have resources if they are dealing with any mental, social, emotional, financial, or other problems. Nursing homes are also required to hire a certified dietician who can prepare specialized food based on the needs of individual residents. The physical premises must be kept in a livable condition by ensuring that the facilities are maintained through regular cleaning, proper sanitation, a method for laundry, and access to clean linen.
Under federal law, a nursing home must have a sufficient number of nursing staff based on the number of residents there. Additionally, the assisted-living facility must be able to provide all basic services for the elderly to ensure that they can carry out their day-to-day activities. Residents also have a right to be free from medication errors.
Despite these regulations, abuse remains prevalent. A victim of nursing home negligence can bring a negligence claim against an individual or facility by showing that the victim was owed a duty of care by the defendant, the defendant breached that duty, and the victim suffered injuries as a result of the breach. Once the victim goes through these steps, he or she may be entitled to compensation.Recovering Damages for Your Losses
If you or your loved one is a victim of nursing home neglect, you may be able to get compensation for medical expenses, rehabilitative treatment, counseling costs, and pain and suffering. The amount of damages will vary depending on the specific situation. In the tragic event that you’ve lost a loved one due to nursing home misconduct, you may have a wrongful death claim.Protecting the Rights of Abused Elders in Marietta
If you or a loved one has suffered from negligence at a nursing home, it is important to speak to a qualified attorney who can help you explore your options. At Miller Legal Services, an elder abuse attorney will take your allegations of nursing home neglect very seriously. We are committed to providing skilled and vigorous legal representation to all of our clients, and are prepared to go to trial if needed. Norman Miller has litigated more than 100 jury trials during a career lasting over 30 years. Call us at 770-284-3727 or contact us online so we can help you seek the justice and compensation that you deserve.