Nursing homes have the highest duty of care to their patients and residents to provide them with a safe environment. Unfortunately, if nursing homes breach this duty they may cause substantial suffering and damages for patients and their families. Georgia, frankly, could do a much better job of providing protection and resources to victims—and at eliminating the problems in the first place.
The breach of the duty of care may include neglect or abuse by staff, or failure to protect a resident from another resident or a danger that staff knew or should have known about and remedied.
If you or a loved one are the victim of a nursing home that breached its duty of care, speak to an experienced personal injury lawyer in Atlanta as soon possible. The attorneys at Hasner Law take pride in going above and beyond to provide exceptional service and personal attention to our clients. Contact Hasner Law today at 678-888-4878 or online to schedule a free consultation and learn if we may be able to help you.
Why Hasner Law?
The legal team at Hasner Law is passionate about helping personal injury victims. Our services include evaluating all potential claims, gathering evidence, negotiating settlements when possible, and all aspects of litigation when it becomes necessary.
While every case is unique and depends on its specific facts, we believe our record demonstrates our firm commitment to work hard for all of our clients to ensure they get the best possible outcomes for their cases.
Nursing Home Abuse Injuries
Nursing homes, like other medical providers, have the highest duty of care because they serve and are entrusted to care for the most vulnerable populations.
Patients and residents should receive care that meets or exceeds the standard of care. Standard of care is a specific term used to refer to what a competent nursing home facility and its staff would do in the same situation, with the same resources.
The care that patients and residents may expect includes everything from help with basic personal hygiene to professional rehabilitation to 24-hour intensive nursing, medication administration, and specialized treatment. Employees and staff should pass the appropriate licenses, trainings, and screenings. They must keep facilities clean, safe, and accredited, and pass all inspections.
Nursing home failures may range widely; perhaps some of the worst include negligent hiring, lack of staff oversight, and deficient standards that permit abuse of residents. Nursing home abuse can take several forms:
Physical abuse may leave marks or signs. A patient or resident may have bruises in various stages of healing, burns, cuts, broken bones, or other unexplained injuries. Physical abuse may occur during an extended period of time and only become known if a third party witnesses it, or a patient is seriously injured and must receive outside medical care.
Emotional abuse may have limited or even no obvious indicators. Emotional abuse may include chronic verbal aggression, intimidation, undue influence, confinement, isolation, humiliation, or infantilization. Many victims of emotional abuse are reluctant to report it. They may minimize the seriousness, or believe they can handle it alone.
Sexual abuse may include any form of unwanted sexual contact, such as inappropriate touching, molestation, penetration, intercourse, and assault. Suspect sexual abuse if a patient becomes afraid of being touched, or is unwilling to remain alone with certain caregivers.
Neglect may occur at understaffed or negligently supervised facilities. Neglect may include the failure to provide appropriate medications, to respond to calls for help, or to ensure the delivery and consumption of meals and liquids. It may result in accidents, injuries, and conditions ranging from dehydration to bedsores.
Who Bears Liability for Nursing Home Abuse?
When a nursing home resident is abused, the nursing home bears liability for damages. Depending on the facts of the case, victims may claim negligent hiring, improper supervision, lack of security, failure to train, dangerous conditions, and more. An experienced personal injury lawyer can evaluate a case and may identify the claims and any additional parties who bear liability.
Damages for Nursing Home Abuse
Damages may be economic and non-economic, and may include:
- Physical injuries
- Medical bills, including surgery, X-rays, medication, rehabilitation, and more
- Property damage
- Relocation costs for a resident or patient who must be moved to a safe facility
- Mental anguish
- Emotional distress
- Pain and suffering, with consideration for the duration of the abuse and lasting consequences
- Loss of companionship
- Loss of consortium
- Funeral and burial expenses in the event of a wrongful death
In especially egregious circumstances, victims may recover punitive damages. While rare in civil cases, punitive damages financially punish the defendant or wrongdoer to deter others from engaging in the same negligent behavior.
Get Legal Help Today
The legal team at Hasner Law understands the incredible stress and emotional burden that comes with discovering the nursing home entrusted with the care of a loved one may have committed abuse or neglect. No one in that situation deserves the additional financial strain of having to pay for expensive legal counsel to get justice. Therefore, we often take our clients on a contingent fee basis, which means we will deduct the costs of litigation and our representation from any eventual settlement or award of damages. You pay nothing upfront.
Hiring a lawyer may seem daunting, or even unnecessary. Perhaps the nursing home or insurance company has already offered you a settlement. Potential defendants may feel eager to avoid litigation costs, so don’t mistake those actions for kindness or empathy. Furthermore, regardless of whether you ultimately pursue claims against the nursing home, never accept a settlement without speaking to a lawyer first to ensure that the offer actually compensates you or your loved one for the full amount of real and anticipated damages. The nursing home may have victimized you or your loved one once; taking an unfair settlement may mean it victimized you twice.
If you or a loved one is the victim of a nursing home that has breached its duty of care, get the legal support you need. Contact Hasner Law today at 678-888-4878 or online to schedule a free consultation and learn if we may help you.