When the difficult decision is made to put a loved one in a nursing home, there should never be any doubt in the standard of care they will receive.
There should be no question of neglect or abuse, yet examples of both of those topics are frequently in the news. Of course, the most extreme cases make headlines — such as those involving sexual assault, beatings, starvation, grossly unsanitary conditions, or abandonment. However, there are many instances of simple negligence or violations of the Nursing Home Residents’ Bill of Rights.
If you trusted a nursing home to care for a family member or loved one, and now suspect that they have suffered an injury or a decline in their condition due to the care they received, the Middle GA nursing home negligence attorneys of the Mann Law Firm can help. Call us at 478-742-3381 or fill out our online form. In addition to cases handled in Macon, we are prepared to handle claims on behalf of clients in Dublin, Warner Robins, Milledgeville and other Georgia communities. An experienced nursing home abuse lawyer can help you recognize the warning signs, and get the justice and compensation that your loved one deserves. Contact us today for a free case consultation.
Nursing home negligence falls under the umbrella of elder abuse and manifests itself chiefly as physical abuse, financial abuse, emotional abuse, or neglect. It is believed that at least two million Americans are victims of negligent nursing home care annually and the number is likely underreported due to fears of retaliation or not being believed.
The word “negligence” is often used in personal injury law. At its most basic, negligence is a failure to take reasonable care to avoid injuring someone else. It does not require that the accused (the defendant) acted with malicious intent, though that may sometimes be true. It is not the same as a mistake or an error in judgment. To be successful in a negligence claim, the plaintiff has to prove that:
- There was a duty of care owed by the defendant to the plaintiff under the circumstances.
- The defendant’s action or inaction did not meet the required standard of care (the duty was “breached”).
- The breach caused injury to the plaintiff, which a reasonable person in the circumstances could have been expected to foresee.
- The plaintiff was damaged by the injury.
There are a number of parties who may owe a duty to a nursing home resident and may be held liable for breaching that duty and causing harm. For example, nursing home owners or employees may be responsible for many kinds of negligence, including negligent supervision, negligent hiring, negligent maintenance of the premises, or negligent treatment. Note that under the law, a nursing home accepts a patient as it finds him or her, including with any preexisting health conditions. That means a nursing home cannot successfully claim that a resident’s injury was inevitable based on a preexisting condition and not its negligence. A hospital that transferred a patient to a nursing home may be negligent for failing to clearly communicate the resident’s needs, particularly those involving medications and adverse reactions.
Nursing home residents have a right to expect that life in a facility will offer the same benefits and opportunities they had while living on their own. Certainly, they have a right to be free from physical, verbal, sexual, and mental abuse, and to be treated with dignity. When that doesn’t happen, the law provides a remedy that can be pursued by the resident or by the resident’s family on their behalf.
We Can Help
The Mann Law Firm has been serving the Macon and surrounding communities for over 50 years. Although it can be hard to admit it, vulnerable senior citizens are abused and neglected right here in Middle Georgia. Attorney David Mann recognizes that nursing home negligence is a highly personal topic, is sensitive to the issues that surround it, and knows how to hold nursing homes and assisted living facilities accountable for their negligent actions. If your loved one exhibits warning signs of abuse or neglect, let David Mann put his experience to work for you. Contact him today at 478-742-3381 or through our convenient online contact form to discuss identifying all potential defendants and how they might be held responsible.
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