If you suspect a loved one is the victim of abuse or neglect in a nursing home, you might have a lawsuit. Our Columbus nursing home abuse attorneys can help you seek compensation for the wrongdoing.
John Foy & Associates has over 20 years of experience. We know what it takes to win cases. Don’t end up paying for damages that weren’t your fault. Instead, allow us to give you the support you need to win your claim today.
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Suing a Nursing Home for Abuse or Neglect
If the abuse happened to a loved one, you might have a lawsuit. In addition, you can seek compensation for abuse that occurred on the nursing home premises. Recent statistics and data from the National Center on Elder Abuse (NCEA) show that nursing home abuse is prevalent and happens to at least one in every ten elders.
Many people just assume abuse is only physical, but this isn’t true. The abuse suffered can take place in many forms.
Negligent Hiring
Nursing homes must follow regulations from the Georgia Department of Community Health (DCH). Facilities should not hire aides with a history of abuse, neglect, or exploitation. Residents should also have protection against neglect or abuse.
Poor hiring or training practices may lead a resident or patient to suffer abuse. It’s ultimately the responsibility of the nursing home to hire the best people for the job. Whether intentional or not, skipping background checks or recklessly hiring potentially dangerous employees is highly negligent.
Unsafe Premises
Georgia properties must keep their premises safe. If unsafe conditions cause harm to a resident, the nursing home could be responsible. Nursing homes are supposed to keep their facilities without any potential hazards and dangers, especially for the vulnerable population they house. Failure to do this is nothing short of negligence and gross laziness.
Poor Health Practices
Resident rooms and common areas should be safe and sanitary. Unsafe health conditions can cause harm and be a type of abuse. In addition, the elderly inside of nursing homes often have compromised immune systems or weaker bodily constitutions. Thus it’s extremely critical that nursing homes keep everything clean and hygienic.
Negligent Supervision
The elderly inside nursing homes require constant supervision to ensure that they don’t get injured, take their medicine correctly, and have all their needs taken care of. Ignoring these needs and not supervising their care is negligent behavior that can lead to injury or even death.
Inadequate Medical Care
If a patient received poor medical treatment, you could have a medical malpractice case. Doctors and nurses need to have the education and proper experience to ensure that any medical procedure gets done with the utmost care. Failure to do so puts their patients at risk and can harm them.
Psychological Abuse
Unfortunately, emotional or verbal abuse sometimes happens in nursing homes. As a result, a resident can suffer from anxiety, depression, stress, or trauma.
Examples of psychological abuse include:
- Humiliation
- Threats
- Intimidation
- Yelling
- Ignoring
- Isolation
Family members might notice that a loved one’s personality has changed since living at the nursing home. For example, they may be quieter or seem fearful or jumpy. Loved ones who suspect abuse should speak with a lawyer who can investigate.
Financial Abuse
Nursing home staff can also abuse a resident financially. That includes stealing money from the resident or using a credit or debit card without permission. Some patients even become victims of stolen identities.
Nursing home abuse can happen in many ways, and it’s never okay. Our law firm cares about protecting one of our most vulnerable populations. If a family member could have suffered abuse, reach out to discuss the details today.
How Much Are Nursing Home Abuse Settlements Worth?
Every nursing home case is different. The average nursing home abuse settlement ranges around $406,000. Your settlement will depend on your damages and situation. The best way to know your options is by talking to a Columbus, GA, nursing home abuse lawyer.
What Damages Can I Recover in a Nursing Home Abuse Case?
Our nursing home abuse lawyers in Columbus, GA, will ensure that every one of your damages gets accounted for. We won’t leave a single one out of your final settlement total.
You can pursue compensation for all the damages caused by nursing home abuse in your claim, including:
- Medical expenses
- Pain and suffering
- Emotional trauma and mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Disability or disfigurement
- Wrongful death
While money can’t replace or fix the pain inflicted on you and your loved one, we hope that your settlement can give you the financial closure necessary to move on and heal from what happened.
Atlanta Roots, Nationwide Reach.
Distance is no obstacle. We work with clients across the country and make sure every one of them feels taken care of, no matter how far the call travels.
Can You Sue a Nursing Home for Bedsores?
You can sue if a nursing home’s negligence has led to bedsores. Bedsores form on the skin from staying in one area for too long. For example, a patient might develop bedsores from lying on a bed for an extended period. In addition, older adults have more sensitive skin that develops sores more easily.
A patient might not have avoided bedsores with better treatment. Often, bedsores can be a sign of neglect in a nursing home. For example, maybe a staff member failed to move the patient around enough, causing prolonged pressure on one body area. Bedsores may give you grounds to file a nursing home abuse lawsuit. Talk to an experienced lawyer about it today.
You Have Two Years to File a Nursing Home Abuse Lawsuit in Georgia
The deadline to file a lawsuit depends on the state. The Official Code of Georgia Annotated (OCGA) § 9-3-33 states that you have two years to take legal action. If you pass the deadline, you’ll miss your chance to seek compensation. Get started today so that you don’t miss the statute of limitations.
We don’t recommend panicking over the deadline, but a sense of urgency is necessary. Don’t wait until the last minute to start building a strong case for your claim. Remember, the insurance company and the nursing home isn’t going to give up without a fight. By preparing early, you have the best chances of getting justice and fair compensation.
How Long does It Take to Settle a Nursing Home Lawsuit?
Lawsuits take time. The timeline also depends on the details of your case. However, the average time to settle is typically around one to two years. If you go to trial, the process could take longer.
Most lawsuits settle before going to court. Your nursing home abuse lawyer in Columbus, GA, will work to negotiate a settlement for the damages you’ve suffered. If you can settle before trial, you’ll receive payment without going before a judge or jury. However, an experienced lawyer will prepare for trial just in case.
What to Expect During a Legal Consultation
Scheduling a consultation with a lawyer is the first step. During the consultation, you can learn a lot about your rights and legal options. The first meeting also tells you a lot about the law firm.
During the consultation, you can:
- Ask questions about the lawyer’s qualifications and experience
- Bring details and documentation regarding your case
- Show the lawyer evidence of the abuse
- Find out the lawyer’s opinion on your legal options
- Discuss the damages you might recover from the nursing home
Don’t be afraid to ask the firm about its experience. You’ll want to work with someone experienced in nursing home abuse cases. A trusted law firm will also have connections to medical and financial experts to help support your claim.
Never Settle for Less From the Insurance Company
The insurance company or the nursing home may try to contact you to make things right. They’re only doing this to get you to settle for less and avoid a legal claim against them. Don’t ever fall for this trick.
Remember, their interests lie only in absolving their own guilt, not in helping you or your loved one. So, contact one of our nursing home abuse lawyers in Columbus, GA, today before you speak to anyone regarding your case.
Contact Our Columbus, GA, Nursing Home Abuse Lawyers for Free
At John Foy & Associates, working with our Columbus, GA, nursing home abuse attorneys is risk-free. There are no upfront fees when we fight for your case. If we can’t win compensation for your claim, you owe us nothing. You can reach us 24/7 online or over the phone to schedule a free consultation.
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