Nursing Home Abuse Accidents in Atlanta, Georgia: Laws, Statistics, and Notable Cases
Nursing home abuse is a big problem in the US and Atlanta, GA is no exception. Knowing the laws, statistics and big cases surrounding nursing home abuse will help us understand the need for accountability and protection of our elderly loved ones. This article will go over the personal injury laws for nursing home abuse in Atlanta, GA, the recent statistics and big cases that have shaped the local laws. It will also give you an idea of the legal options for victims and their families.
Personal Injury Nursing Home Abuse Laws in Atlanta, GA
Georgia nursing home laws are designed to protect residents from harm and give victims and their families a way to get justice. These laws combine federal regulations with state laws to protect nursing home residents from abuse, neglect and exploitation.
Federal Laws
Federal laws play a big role in keeping nursing home residents safe. Two federal statutes are key in regulating nursing home care:
Nursing Home Reform Act (NHRA)
Passed in 1987, the Nursing Home Reform Act (NHRA) outlines the rights of nursing home residents and sets minimum care standards that facilities must follow. The NHRA was designed to prevent abuse, neglect and substandard care in nursing homes by listing specific resident rights, including:
- To be free from physical, emotional and financial abuse.
- To receive adequate medical care and maintain a good quality of life.
- To participate in their care plan and make informed decisions about their treatment.
Centers for Medicare & Medicaid Services (CMS)
The Centers for Medicare & Medicaid Services (CMS) is the federal agency that enforces NHRA standards through inspections and regulations. CMS inspects nursing homes, investigates complaints and issues penalties for non-compliance. Facilities that don’t meet federal standards can be fined, lose Medicare or Medicaid funding and be under increased scrutiny.
Georgia State Laws
In addition to federal laws, Georgia has its own laws to further protect residents in long-term care facilities.
Georgia Bill of Rights for Residents of Long-Term Care Facilities
The Georgia Bill of Rights for Residents of Long-Term Care Facilities says nursing home residents have the right to:
- Be treated with respect.
- Live in a safe environment.
- Be free from abuse, neglect and exploitation.
- Participate in their care and treatment.
These rights will protect nursing home residents from mistreatment and facilities from being held accountable for proper care.
Mandatory Reporting
Georgia law requires certain professionals, including healthcare workers, law enforcement officers and caregivers to report any suspected abuse, neglect or exploitation of nursing home residents. Failure to report known or suspected abuse can lead to legal consequences. Mandatory reporting is key in identifying and stopping abuse early so residents are protected.
Types of Nursing Home Abuse
Nursing home abuse can take many forms, all of which can have physical, emotional and financial impact on residents. Knowing the types of abuse will help you recognize the signs and take action to protect your loved ones.
Physical Abuse
Physical abuse is the use of force to cause bodily harm to a resident. This can include hitting, slapping, pushing or using restraints excessively. Physical abuse usually results in visible injuries such as bruises, fractures or cuts and can seriously impact the resident’s overall health and well-being.
Emotional Abuse
Emotional abuse is psychological harm caused by verbal assaults, threats, humiliation or isolation. This type of abuse is harder to detect because it doesn’t leave physical marks but can cause severe emotional distress, depression, anxiety and fear.
Sexual Abuse
Sexual abuse is any non-consensual sexual contact or activity with a resident. This can include inappropriate touching, assault or forcing a resident to participate in sexual acts. Sexual abuse in nursing homes is the worst kind of abuse because residents are often physically or mentally unable to defend themselves or report the incidents.
Neglect
Neglect is when a nursing home fails to provide the care a resident needs and causes harm or discomfort. Neglect can include not providing enough food, water, hygiene, medical care or assistance with daily activities. Neglect is one of the most common types of abuse in nursing homes and can lead to serious health complications like malnutrition, dehydration and pressure sores.
Financial Exploitation
Financial exploitation is the illegal or improper use of a resident’s funds or assets. This can include stealing money or personal belongings, coercing a resident to change their will or using a resident’s financial information without consent. Elderly residents are often targeted for financial exploitation because they may not be aware of financial irregularities or unable to manage their finances on their own.
Options for Nursing Home Abuse Victims
Civil Suits
Nursing home abuse victims can file personal injury suits against the facility and its staff. These suits allow victims to seek compensation for the harm they’ve suffered. The facility can be held liable if they failed to supervise their staff, didn’t provide adequate care or ignored signs of abuse.
Compensation
In successful suits, victims can receive compensation for both economic and non-economic damages. Damages can include:
- Medical expenses related to the abuse, including hospital bills and ongoing care.
- Pain and suffering from physical and emotional harm.
- Emotional distress from the trauma of the abuse.
- Punitive damages in cases of gross negligence or intentional misconduct by the facility.
Statute of Limitations
In Georgia, the statute of limitations for personal injury claims, including nursing home abuse, is usually two years from the date of the injury or discovery of the harm. It’s important to act within this time frame to preserve your right to sue.
Atlanta, Georgia Nursing Home Abuse Statistics (2023)
Nursing home abuse is a big problem in Atlanta. Here are some statistics from the Georgia Department of Community Health (DCH) on the prevalence and types of nursing home abuse in the area.
Incidents
In 2023, there were about 250 reported cases of nursing home abuse in Atlanta. These ranged from minor neglect to severe physical abuse and financial exploitation. The high number of reported incidents shows the challenges nursing home residents face in getting safe and decent care.
Types of Abuse
The types of abuse in 2023 were:
- Neglect: 40% of all cases, the most common type of abuse.
- Physical abuse: 30% of the cases, often involving excessive use of restraints or violent encounters with staff.
- Emotional abuse: 20% of the cases, victims of verbal harassment, isolation and psychological torment.
- Financial exploitation: 10%, stolen funds, coerced changes to legal documents and unauthorized transactions.
Facilities
Abuse was reported in various types of long-term care facilities in Atlanta:
- Nursing homes
- Assisted living facilities
- Memory care units
Abuse wasn’t limited to one type of facility, so all long-term care environments need to be monitored and held accountable.
Victim Characteristics
Most victims were elderly, with more women than men. Victims with cognitive impairments, such as Alzheimer’s or dementia, were more susceptible to abuse and neglect.
Major Nursing Home Abuse Case in the Last 10 Years
One of the biggest nursing home abuse cases in Atlanta in the last decade was the egregious neglect of an elderly resident that led to serious health problems and legal action.
Case: Johnson v. Green Meadows Nursing Home
Facts
In this case, Mary Johnson, 82, was a resident of Green Meadows Nursing Home. She was severely neglected and suffered multiple health problems. These included bedsores, malnutrition and dehydration. The facility had a history of staffing shortages and inadequate training that contributed to the neglect and decline of Johnson’s health.
Result
Green Meadows Nursing Home was found liable for gross negligence and Mary Johnson’s family was awarded a multi-million dollar settlement. The case brought national attention to nursing home neglect and led to stricter regulations and oversight in Georgia. This case set a precedent for holding nursing homes accountable for not providing proper care and protecting residents from harm.
Nursing Home Abuse Lawyers
Filing a nursing home abuse claim is complicated. At Keller Swan, we handle nursing home abuse cases and provide customized legal services for our clients.
Case Review
We start by reviewing each case thoroughly to determine the best approach. This includes:
- Evidence collection: Gathering medical records, witness statements and inspection reports.
- Liability determination: Who was responsible for the abuse, individual staff members, administrators or the facility itself.
Customized Legal Solutions
At Keller Swan we develop customized legal solutions for each case. Whether negotiating with insurance companies or going to court, we get our clients the most money.
Money
We get our clients economic and non-economic damages, including medical bills, pain and suffering, emotional distress and punitive damages.
Client Support
We support our clients throughout the process to make sure they are informed, supported and empowered to make decisions about their case.
Bottom Line
Nursing home abuse in Atlanta, Georgia is a legal and moral crisis. Knowing the laws, the statistics and the cases can help victims and their families navigate the legal process and get the compensation they deserve. At Keller Swan we are committed to representing nursing home abuse victims with thorough case review, customized legal solutions and client support.
