Transcript:
If your loved one was injured or passed away at a nursing home in Georgia, you will want to speak with a nursing home neglect lawyer right away. If the injury or death was caused by the negligent act of the nursing home, then there may be a claim against the facility.
NURSING HOMES CAN BE SUED FOR NEGLIGENT BEHAVIOR
Nursing homes and assisted living facilities owe a duty of care to each and every resident. This means assessing the individual needs of the resident and putting forth a plan to care for that resident. For example, if a particular resident is a high fall risk, then the staff should place the bed in a low position and set up bed rails. Or, if a particular resident is a risk for bed sores, then the staff should reposition that resident regularly, among other preventative measures.
When a nursing home does not take the appropriate assessment, or fails to implement the correct protocols according to that assessment, then that nursing home has breached their duty. If the nursing home’s negligence causes a serious bodily injury or death, then the nursing home is responsible for the damage done. This is the basis of nursing home negligence law in Georgia.
WHAT KIND OF COMPENSATION SHOULD I EXPECT?
Under Georgia law, the nursing home may be held responsible for negligent behavior that causes damages to the resident. Compensation will be based on the amount of damages. Damages in these cases will consist primarily of medical bills and pain and suffering.
The resident will be allowed to recover for any medical expenses that were incurred due to the negligent behavior. This will be the case regardless of whether private health insurance, Medicare, or Medicaid paid for the treatment. If the medical bills directly resulting from the negligent behavior are $100,000, you would be entitled to $100,000 from the nursing home even if private insurance paid for that treatment. However, be advised that the private insurance may be entitled to a portion of the settlement.
The resident will also be entitled to compensation based on pain and suffering. Pain and suffering takes into account many things, including the permanency of the injury, the actual amount of pain and suffering caused, limitations to activities, and so forth. So, if the resident suffered from bedsores that lead to sepsis and then the amputation of a limb, the compensation would be higher than if the resident suffered from a stage one bedsore for a few days.
If your loved has been injured or has passed away at a nursing home or assisted living facility, and you are wondering if you can sue the facility, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.
If your loved one was injured or passed away at a nursing home in Georgia, you will want to speak with a nursing home neglect lawyer right away. If the injury or death was caused by the negligent act of the nursing home, then there may be a claim against the facility.
NURSING HOMES CAN BE SUED FOR NEGLIGENT BEHAVIOR
Nursing homes and assisted living facilities owe a duty of care to each and every resident. This means assessing the individual needs of the resident and putting forth a plan to care for that resident. For example, if a particular resident is a high fall risk, then the staff should place the bed in a low position and set up bed rails. Or, if a particular resident is a risk for bed sores, then the staff should reposition that resident regularly, among other preventative measures.
When a nursing home does not take the appropriate assessment, or fails to implement the correct protocols according to that assessment, then that nursing home has breached their duty. If the nursing home’s negligence causes a serious bodily injury or death, then the nursing home is responsible for the damage done. This is the basis of nursing home negligence law in Georgia.
WHAT KIND OF COMPENSATION SHOULD I EXPECT?
Under Georgia law, the nursing home may be held responsible for negligent behavior that causes damages to the resident. Compensation will be based on the amount of damages. Damages in these cases will consist primarily of medical bills and pain and suffering.
The resident will be allowed to recover for any medical expenses that were incurred due to the negligent behavior. This will be the case regardless of whether private health insurance, Medicare, or Medicaid paid for the treatment. If the medical bills directly resulting from the negligent behavior are $100,000, you would be entitled to $100,000 from the nursing home even if private insurance paid for that treatment. However, be advised that the private insurance may be entitled to a portion of the settlement.
The resident will also be entitled to compensation based on pain and suffering. Pain and suffering takes into account many things, including the permanency of the injury, the actual amount of pain and suffering caused, limitations to activities, and so forth. So, if the resident suffered from bedsores that lead to sepsis and then the amputation of a limb, the compensation would be higher than if the resident suffered from a stage one bedsore for a few days.
If your loved has been injured or has passed away at a nursing home or assisted living facility, and you are wondering if you can sue the facility, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.
FAQs
- What legal statutes govern elderly neglect in Georgia?
- In Georgia, elderly neglect is addressed under various state laws and regulations aimed at protecting vulnerable adults from mistreatment and ensuring their well-being. These laws outline the duties and responsibilities of caregivers, nursing home staff, and healthcare professionals in providing adequate care and preventing neglect or abuse of elderly individuals. A Georgia nursing home abuse lawyer can provide legal guidance and representation to individuals and families affected by elderly neglect, including cases involving violations of state laws, negligence, or inadequate care in nursing homes. By advocating for the rights of elderly residents, these attorneys can help hold negligent parties accountable and pursue compensation for damages.
- To whom should I report concerns or complaints about a nursing home in Georgia?
- In Georgia, concerns or complaints regarding nursing home care can be reported to the Georgia Department of Community Health (DCH) through its Healthcare Facility Regulation (HFR) division. The HFR division is responsible for licensing and regulating healthcare facilities, including nursing homes, to ensure compliance with state and federal regulations governing quality of care and resident safety. Additionally, individuals can contact the Long-Term Care Ombudsman Program, which advocates for the rights of nursing home residents and addresses issues related to quality of care and resident rights. Consulting with an Atlanta nursing home abuse attorney can also provide valuable legal guidance and assistance in reporting nursing home concerns and seeking remedies for neglect or abuse.
- What rights are afforded to nursing home residents in Georgia under state law?
- Nursing home residents in Georgia have various rights protected by state and federal laws, including the right to quality care and treatment, the right to be free from abuse and neglect, the right to participate in their own care decisions, the right to privacy and confidentiality, the right to communicate with family and friends, the right to manage their finances, and the right to file complaints without fear of retaliation. These rights ensure that nursing home residents receive dignified and respectful care that meets their physical, emotional, and social needs. An Atlanta nursing home abuse attorney can provide legal assistance to residents and their families in asserting and protecting these rights, advocating for improved care standards, and holding negligent facilities accountable for any violations.
- Which agencies or organizations are responsible for investigating allegations of elder abuse in Georgia?
- In Georgia, allegations of elder abuse, including abuse occurring in nursing homes, may be investigated by various entities, including local law enforcement agencies, adult protective services (APS) agencies, and regulatory bodies such as the Georgia Department of Community Health’s Healthcare Facility Regulation (HFR) division. These agencies work collaboratively to investigate reports of elder abuse, neglect, or exploitation, ensure the safety and well-being of elderly individuals, and hold perpetrators accountable for their actions. Additionally, consulting with an Atlanta nursing home abuse attorney can provide legal guidance and representation to individuals and families affected by elder abuse, including assistance in navigating the investigative process and pursuing legal remedies for damages.
