Common Reasons to Sue a Nursing Home in 2020-2021
While no one ever expects that a nursing home will fail to meet the standard of care that it owes to the many residents who call the facility home, nursing home abuse and neglect is shockingly common.
When nursing home abuse or neglect occurs, an affected nursing home resident may suffer immensely, experiencing psychological or emotional harm, physical harm, or both.
This harm can lead to a deterioration in condition, and in some cases, may even result in death or a decreased lifespan.
At Blasingame, Burch, Garrard & Ashley, P.C., our nursing home abuse and neglect lawyers are passionate about representing vulnerable members of our society, including the elderly.
If your elderly loved one has been harmed in a nursing home, suing a nursing home may be an option.
Here are five common reasons to sue a nursing home – reach out to our law firm today for more information.
If you suspect that any of a nursing home’s staff is abusive, or if you have seen abuse taking place, you should report the abuse to a manager immediately, file a claim with the proper Georgia agency, and schedule a free consultation with a lawyer to discuss the abuse and legal remedies available.
Abuse can include physical abuse, sexual abuse, emotional/psychological abuse, and financial exploitation.
Signs of abuse include, but are not limited to, physical marks on a resident, unexplained injuries, bruises or cuts, burn injuries, torn undergarments, major changes to a resident’s finances, withdrawal, depression, angry outbursts, and more.
Unsafe or Unsanitary Conditions
Nursing homes have a responsibility to ensure their facilities are safe and sanitary for residents, failure to do so can create unnecessary risks that must be remedied.
If you see that unsafe or unsanitary conditions exist, you should report them immediately. If you believe unsafe or unsanitary conditions led to your loved ones harm, you can file a suit based on negligence.
Nursing home neglect refers to a broad category of behaviors that can lead to nursing home resident harm, such as failing to properly supervise a resident, failing to ensure that a resident is receiving proper nutrition/hydration, failing to bathe or assist a nursing home resident, failing to provide a nursing home resident with social interaction and stimulation, or failing to ensure that a resident gets the medical treatment and care they need.
While neglect is not abuse, when it leads to harm, it may warrant legal action.
Nursing homes need to hire nursing home staff members who are properly licensed (relevant to the job for which they are being hired).
They also have a responsibility to hire enough staff members to ensure there is an appropriate staff-to-patient ratio, and they must also conduct thorough background checks of staff for patient protection.
When nursing home hiring standards, including statutory standards, are breached and patients suffer as a result, the nursing home should be held liable for its negligent hiring.
Nursing Home Medical Malpractice
Nursing homes have licensed nurses and doctors and these doctors and nurses are responsible for treating patients in compliance with the medical standard of care owed to them.
When a nursing home resident is a victim of a medical mistake, surgical error, treatment error, misdiagnosis, or other act of medical malpractice, the resident (or their representative) maintains the right to file a suit against the nursing home.
Suing a Nursing Home – What Happens Next?
Nursing home abuse, unsafe or unsanitary conditions, neglect, negligent hiring, and medical malpractice are all common reasons why someone may choose to sue a nursing home.
However, any time that any act of negligence leads to a nursing home resident’s harm, suing a nursing home may be appropriate.
If you suspect you may have a suit, you should:
- Ensure the nursing home resident is safe. Move them out of the nursing home if necessary or call the police if you believe they are at imminent risk of harm due to abuse
- Report your suspicions to a nursing home manager or supervisor
- Start documenting the abuse, neglect, or malpractice – the more evidence you have, the easier it will be to win a nursing home lawsuit
- Hire a lawyer. Winning a suit against a nursing home can be very difficult; the best way to improve your chances of success is to work with a qualified nursing home abuse lawyer in Georgia
Call Our Nursing Home Abuse Lawyers Today
There are many reasons to sue a nursing home, and if your loved one has suffered harm as a result of an unreasonable nursing home condition or act of a nursing home staff member, you should consider taking action.
At Blasingame, Burch, Garrard & Ashley, P.C., our personal injury and nursing home abuse lawyers know how to strategically build a case against a nursing home, and have the resources necessary to fully dedicate ourselves to your case.
Few things are more heinous than nursing home abuse. To take action to protect your loved one and start the process of recouping the compensation that your loved one and your family is entitled to, please call our lawyers directly or fill out a case review form telling us more about how we can help. We are passionate about working hard for our clients.
We have offices in Atlanta, Athens, and Lake Oconee and take cases across the state of Georgia. We offer free consultations and there is no fee unless we win your case.