GA Nursing Home Negligence Lawyer
November 7, 2016
Too often, residents of nursing homes are treated disrespectfully, as cases to be managed rather than as people to be cared for. The top complaints about these facilities address basic issues such administration of medications, resident/roommate conflict, poor staff attitudes, unanswered requests... continue reading
October 14, 2016
There’s a famous expression that says, “When the going gets tough, the tough get going,” and most of us like to imagine that we fall into that category. That when situations become difficult, we react with strength and work harder to meet the challenge. The thing is, there are many instances... continue reading
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.
Common grounds for a negligence lawsuit include failure to provide a reasonably safe environment, failure to maintain adequate health and safety policies, and failure to provide the proper standard of care.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.
Even the Georgia Department of Community Health, Healthcare Facility Regulation, which is charged with licensing, monitoring, and inspecting nursing homes may be liable for failing to do so.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.