Are you concerned about the way your elderly loved one is being treated? You should be able to trust nursing homes to take care of their residents, but if someone you know is experiencing abuse or neglect, don’t hesitate to contact a nursing home abuse lawyer in Roswell.
Since 2022, Schenk Firm has represented clients in similar matters and advocated for the rights of nursing home residents. Together, our attorney has recovered millions for our clients. You can trust us to fight for the well-being of your loved one.
Georgia Law Protects Residents of Long-Term Care Facilities
Georgia has a statutory Bill of Rights for residents of long-term care facilities. The law addresses a range of resident rights, including the following:
- Privacy
- Access to visitors
- The ability to voice grievances
- Protections concerning transfers and discharges
Georgia law also provides a civil cause of action when a long-term care facility violates a right protected under the statute. That distinction matters because a case involving nursing home abuse is not always limited to a general negligence claim.
Depending on the facts, there can be separate legal questions concerning a resident’s statutory rights, the facility’s conduct, and the injuries that resulted. Georgia state laws also give these individuals the right to file grievances concerning violations of protected resident rights:
- Residents
- Guardians
- Representatives
The statute allows a complaint to be made orally or in writing to the facility administrator or the administrator’s designee. Georgia law also provides for state or community ombudsman involvement in resolving resident-rights complaints.
A lawyer can help a family understand how these different avenues fit into a potential civil claim. The purpose is not simply to determine whether someone behaved badly. The legal question is whether the conduct violated a duty or protected right and caused legally compensable harm.
Types of Cases Our Roswell Nursing Home Abuse Lawyer Handles
Nursing home abuse and neglect can take many forms, and each case involves its own circumstances. Our team of Roswell nursing home abuse lawyers includes:
- Bedsores lawyer in Roswell: A lawyer can investigate whether a resident developed pressure sores because caregivers failed to provide appropriate repositioning, monitoring, hygiene, nutrition, or other necessary care, then pursue compensation when negligent care caused preventable harm.
- Infections lawyer in Roswell: A lawyer can examine whether an infection resulted from inadequate care, unsanitary conditions, delayed attention to symptoms, or another failure that contributed to the resident’s illness.
- Medical errors lawyer in Roswell: A lawyer can review records and the circumstances surrounding medication mistakes, missed symptoms, delayed treatment, or improper care to determine whether another party’s negligence contributed to the resident’s injury.
- Falls lawyer in Roswell: A lawyer can investigate whether inadequate supervision, unsafe conditions, insufficient fall precautions, or other failures contributed to a resident’s fall and resulting injuries.
- Sexual assault lawyer in Roswell: We can investigate allegations of sexual abuse in a care facility. From there, on your behalf, we’ll pursue appropriate civil claims/remedies against those whose conduct or negligence contributed to the resident’s injuries.
- Malnutrition lawyer in Roswell: A lawyer can examine whether inadequate food, hydration, monitoring, or assistance contributed to malnutrition, dehydration, weight loss, or related medical complications.
- Physical abuse lawyer in Roswell: A lawyer can investigate allegations that a caregiver physically harmed a resident through hitting, rough handling, improper restraint, or another form of physical mistreatment.
- Sepsis lawyer in Roswell: A lawyer can investigate whether delayed recognition or treatment of an infection, inadequate monitoring, or another failure in care contributed to a resident developing sepsis.
- Wrongful death lawyer in Roswell: A lawyer can help a family pursue a wrongful death claim when a loved one’s death resulted from negligence, abuse, or another legally actionable failure in a care facility.
These cases are not limited to the physical injury itself. A legal claim can involve questions about the resident’s condition before the incident, the care that was supposed to be provided, what caregivers actually did, and when changes in the resident’s condition were recognized.
We can also determine if the way the facility responded was adequate. Looking at that larger picture makes it possible for us to establish what happened and whether the facility or another party should be held responsible.
Roswell Nursing Home Abuse Lawyer Near Me (678) 823-7678
Compensation Depends on the Harm Caused
A nursing home abuse lawsuit can result in compensation. Depending on the facts, you might be able to pursue compensation for these damages:
- Medical treatment
- Hospitalization
- Rehabilitation
- Additional care
- Physical injuries
- Other losses associated with the resident’s condition
Georgia law generally provides for compensation for injuries that can be measured in money, while other damages can depend on the nature of the injury and the circumstances of the case. Some cases also raise the question of punitive damages.
Georgia law permits punitive damages in tort cases when clear and convincing evidence establishes conduct such as willful misconduct, malice, fraud, wantonness, oppression, or a level of disregard for consequences that meets the statutory standard.
Punitive damages are intended to punish and deter rather than compensate for the underlying injury. Whether punitive damages are appropriate depends heavily on the evidence. A lawyer can evaluate the conduct involved and determine whether the facts support seeking them.
Contact Schenk Firm for Legal Help From Nursing Home Abuse Attorneys in Roswell
If you’re concerned about the well-being of someone you care about, a Roswell nursing home abuse lawyer can take on your case and review the resident’s records. From there, your attorney can determine what type of care was expected and identify failures in that care.
Schenk Firm can assess the connection between the nursing home’s failures and the injuries your loved one experienced. That way, we’ll be able to identify which people or parties are responsible for the harm the resident sustained.
We handle qualifying cases on a contingency-fee basis, which gives your family the chance to discuss your potential claims without having to worry about affording legal fees upfront. Contact us today for guidance from our Roswell nursing home abuse law firm.
