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Nursing Home Abuse or Neglect


Nursing Home Abuse or Neglect

Sometimes, the best way to make sure elderly loved ones get the care they need is through the help of professionals, like home health aides or residential facilities. We must place trust in these caregivers to treat our loved ones with the respect and dignity they have earned.

Sadly, our trust is often misplaced. Year after year, the government reports millions of cases of abuse in nursing homes across the nation.

The attorneys at The Casto Law Firm advocate for Georgia families harmed by this abuse with passion and skill. Our job is to seek the utmost possible compensation on behalf of our clients – and we have done it time and time again.

Contact us today if a loved one has been abused or neglected in a nursing facility. A nursing home abuse attorney may be able to stand up for the rights of your loved one.

Standing up for those who are helpless is part of our responsibility as attorneys, and we take it very seriously. We are proud of the work we have accomplished in our 20 years of practicing law.

Types of Nursing Home Cases We Handle

Nursing home abuse and negligence comes in many different forms.  We represent injured nursing home residents and the families of those wrongfully injured or killed in cases involving:

  • Bed sores, Pressure Sores, Decubitus Ulcers
  • Sepsis
  • Wandering or Elopement
  • Falls and Fractures
  • Physical Abuse
  • Malnutrition or Dehydration
  • Physical or Chemical Restraint Injuries
  • Medication Errors
  • Choking or Strangulation, Clogged Breathing Tubes
  • Burns
  • Alzheimer’s, Dementia or a mental deficiencies
  • Elder Abuse
  • Medical Negligence

Why Should You File A Lawsuit?

When you take legal action against the facility responsible for mistreating your loved one, you are asserting your loved one’s rights. Many nursing home residents are unable to speak up for themselves. It is up to family members like you and legal professionals like our attorney at The Casto Law Firm to stand up on their behalf.

Nursing home abuse lawsuits demand accountability from those who work at nursing homes and those responsible for overseeing and training staff. It sends the message when you mistreat a nursing home resident, it is not only deplorable – it will cost you money. This may lead to changes in policy and other protocols to decrease the risk of this happening to someone else in the future.

A lawsuit may also compensate your family for what your loved one has been put through. This may provide for better care for him or her. Get legal help with a free case evaluation.

So why should you file a lawsuit? Because providing adequate care to nursing home patients is more than a matter of ethics. Nursing home residents have a right to dignified care under federal law.

Federal Laws Protecting Older People and Nursing Home Residents

Proper nursing home care is more than an ethical responsibility – it’s a legal one.

Following a federal investigation that revealed a shockingly high occurrence of mistreatment, Congress passed the Nursing Home Reform Act in 1987. The law asserts that nursing home residents in Georgia and across the nation have the right to:

• Be free from abuse, mistreatment, and neglect
• Be free from physical restraints
• Privacy
• Accommodation of medical, physical, psychological and social needs
• Participate in resident and family groups
• Voice complaints without retaliation
• Exercise self-determination
Be treated with dignity

Facilities that fail to meet these standards are subject to financial penalties and potential intervention by the government. Separately, they may also be held accountable by residents and their families through the civil court system.

This is where the attorneys at The Casto Law Firm come in. We believe that filing a nursing home lawsuit is an effective way to send a strong message to facilities that allow this kind of mistreatment.

Read more on Nursing Home Resident Rights

Common Kinds of Nursing Home Abuse

Common kinds of nursing home neglect and abuse include:

Physical abuse. It’s awful to think about, but nursing home cases can involve hitting, kicking, slapping, spitting and more. This category may also involve the inappropriate use of physical restraints on a resident.

• Sexual abuse. This kind of deplorable behavior does sometimes occur. Beyond a lawsuit, it could also lead to criminal charges.

• Emotional abuse. This can include name-calling or other statements that treat the resident disrespectfully. As a result, the senior may exhibit emotional and behavioral changes.

• Neglect. Elders suffer when their basic needs – from nutrition to exercise to medical attention – are denied. Providing these services is the reason people place loved ones in nursing facilities in the first place.

• Financial exploitation. Because nursing home residents are often unable to manage their own finances, they can easily be taken advantage of. This can also rise to the level of criminal conduct.

• Abandonment.

No one deserves this kind of mistreatment – especially not elderly loved ones who count on us to ensure they are treated with the dignity and respect they have earned. When these kinds of abuse occur, you should contact The Casto Law Firm to learn how we may be able to help.

Our attorneys have stood up for victims like your loved one before, and we’re prepared to do it again.

Recognizing and Preventing Elderly Abuse

According to the Centers for Disease Control and Prevention, only 1 in 5 cases of elder abuse are reported. Because of this – and because many nursing home residents may not be able to tell others what is happening to them – it’s important that loved ones know what signs to look for. We owe it to our loved ones in nursing facilities to be watching out for their wellbeing.

According to the CDC, many of the effects of elder abuse in nursing homes mirror those of advanced aging, and thus may be hard to detect. Immediate physical effects include:Recognizing and Preventing Elderly Abuse
• Bruises, cuts, welts, head injuries, broken bones and injuries
• Persistent pain and soreness
• Nutrition and hydration issues
• Disturbance of sleep patterns
• Increased susceptibility to new illnesses
• Worsening of preexisting health conditions
Victims may also exhibit symptoms of post-traumatic stress disorder, depression, increased anxiety and more.

Listen to what your loved ones says, and watch his or her interactions with the caregiver. If your loved one cannot communicate freely, does he or she appear scared when a caregiver enters the room? Also, if the caregiver does not allow you to be alone with your loved one outside the presence of staff, this is a huge red flag that something is potentially going wrong.

Who Can Be Sued for Nursing Home Abuse?

When we take a nursing home abuse case, we go deeper than the instances of abuse that your loved one suffered. Sadly, these sorts of things may be systematic at the nursing home due to a lack of proper management and oversight. For this reason, many nursing home abuse lawsuits target those who run the facility. These lawsuits may allege:

• Inadequate staff training.
Nursing facilities are responsible for ensuring that staff members carry the required certifications to perform their jobs and are instructed on the details of providing high-level care. When a high level of care is not instilled as a value, abuse may be more likely to occur.

• Understaffing.
Just like every other industry, when a nursing home is understaffed, employees can become overworked and are more likely to make an error or forget key details and responsibilities.

• A proven history of health and safety violations.
If a facility has a documented history of abuse complaints or health and safety deficiency citations during government inspections, this may be indicative of a systematic disregard for the health and care of residents.

Negligent hiring.
Nursing homes have a duty to ensure that the staff they hire are not only qualified for their jobs, but that they haven’t exhibited a history of patient abuse. For example: if a facility employees a person previously convicted of inappropriately touching a patient, the facility may be held accountable if that person is again accused of abuse.

Get a Nursing Home Abuse Attorney

If a loved one has been the victim of this horrible exploitation, your family deserves help. With an experienced attorney on your side, you can make sure that your loved one’s rights are protected and that those responsible for mistreating them are held accountable. We will go up against anyone on behalf of our clients.

The Casto Law Firm offers a free consultation with one of our attorneys. We’ll tell you how we may be able to put our experience to work for you and your family to get justice for your loved one. There is no obligation on your part.

Contact us today.

Nursing Home Abuse Frequently Asked Questions

What constitutes nursing home neglect?

Nursing home negligence is defined by the failure by an appointed caregiver to provide the necessary care, services, and supervision necessary to maintain the physical and medical health of a nursing home resident.

How is nursing home abuse different than neglect?

Abuse is the conscious, often physical, act that can also include emotional, financial, or sexual violations. Neglect refers to care that is not being administered or needs not properly being addressed as is expected in a nursing home setting.

What are common signs of neglect in nursing homes?

Negligence is reflected by the patient’s state of health. For example, malnutrition, dehydration, over-medication, unexplained bruises or other injuries, poor hygiene, or depression are all possible signs of nursing home abuse or neglect.

What can be done if my loved one has suffered or is suffering nursing home abuse?

You have the right to protect your family members and see to it that they are receiving the proper care as mandated by law. You may launch a formal investigation or complaint, file a lawsuit, or press criminal charges. By speaking with a nursing home attorney who is familiar with this type of law, you can understand what your best course of action might be.

How much is my nursing home abuse case worth?

Each case varies depending on the factors of the abuse. These factors include length and severity of the abuse and who has been notified regarding the injuries sustained. You or loved may be compensated for past medical expenses, but may also be eligible to seek recovery for future medical costs and other personal costs, such as pain and suffering.

How much is your attorney fee?

Our firm handles nursing home abuse cases on a contingency fee basis. What this mean is that you own nothing out-of-pocket in attorney fees and we recover any legal expenses from the successful compensation recovery on your behalf. This percentage is typically decided upon before we begin work on your case.

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One Comment

  • Jay Jorgenson

    Before reading this article, I had no idea that nursing home abuse lawyer’s even existed. I have grandparent’s in a nursing home right now, and I want the best possible care for them. I can see how if a nursing home mistreated somebody’s loved ones, they would want help making up for the damages done.

    • 2:41 pm - November 21, 2016

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