Nursing Home Abuse
Nursing Home Abuse and the Legal Rights of Nursing Home Residents
All Initial Consultations are Free of Charge. If you or a loved one is suffering, or you suspect is suffering, from Nursing Home Abuse, then contact our Nursing Home Abuse Hotline Today at (770) 865-8654 to speak with one of our Nursing Home Abuse Lawyers.
At Julie A. Rice, Attorney at Law, and Affiliates, you, our client, is our top priority and we make sure that you feel that every step of the way. Our Nursing Home Abuse Attorneys are legal experts that understand the Legal Rights of Nursing Home Residents and are able to effectively evaluate your case and advise you on the issue of Nursing Home Abuse if you or a loved one has been found in this most unfortunate situation.
If you or a loved one feels that you are subjected to, or have been subjected to, Nursing Home Abuse please kindly contact us today for your free legal consultation by any or all of the following means by phone at our Nursing Home Abuse Hotline at (770) 865-8654 and (813) 363-6664, by email at email@example.com, or Contact Us on our website. We are here to assist you with your legal situation today so we look forward to hearing from you soon.
What are the Signs of Nursing Home Abuse?
There are certain warning signs that can indicate mistreatment, abuse, or assault.
If you have noticed any of the following signs, contact our Nursing Home Abuse Lawyers today for assistance:
- Any Poor and Improper Hygiene and Cleanliness
- Any Unusual or Sudden changes in the Resident’s Behavior or Attitude
- Any Unexplained Injuries, Wounds, Bruises or signs of Unwanted Touching
- Any Rapid Weight Loss or Gain
- Any Signs of Dehydration or Malnutrition
- Any Bed Sores, Ulcers or Open Wounds
- Any Signs that the Resident exhibits Fear of Staff Members or Another Resident
- Any Unsanitary Nursing Home Care Facility Conditions
How Our Georgia Elderly Abuse Lawyers Can Help
Many Nursing Home Residents cannot defend themselves or are threatened by the abuser if the Residents speaks of the incident. Therefore, many Nursing Home Residents are forced to suffer in silence without the chance to obtain justice for their pain and suffering.
Our Nursing Home Abuse Attorneys understand the Legal Rights of Nursing Home Residents and are experts at evaluating Nursing Home Abuse Cases and representing people if you or a loved one have been a victim of Nursing Home Abuse. It is helpful to know a Residents’ Rights under Georgia Law and the remedies when these rights have been violated.
A Nursing Home Resident has many legal rights in Georgia that include, but are not limited to:
- The Right to adequate and appropriate care without discrimination based on gender, race, national orientation, disability, age, marital status, sexual orientation, or the source for which payment is made to the facility.
- The Right to seek enforcement of Rights without retribution, harassment, or retaliation.
- The Right to exercise Constitutional Rights such as the Right to Vote.
- The Right to enjoy privacy.
- The Right to his or her own religious beliefs and to practice those religious beliefs.
- The Right to be free from any type of abuse, negligent, physical or chemical restraints, or to be exploited.
- The Right to have his or her own personal property.
- The Right to receive and send mail without the mail being opened.
- The Right to access to a telephone.
- The Right to manage her or his own financial matters.
- The Right to refuse and receive appropriate medical and dental treatment.
- The Right to participate in his or her care plan.
- The Right to have access to her or his own records.
- The Right to voluntarily discharge or transfer his or her ownself.
- The Right to have access to an ombudsman
- The Right to have, form and participate in a residents’ council.
- The Right to interact and participate fully in the community.
The Admissions Contract can not limit the Rights afforded under State or Federal Laws. If you think that there has been a violation of you or a loved one’s Legal Rights in a Nursing Home, then our Nursing Home Attorneys can file a grievance or request a hearing. Violations can range from the Rights discussed above to other violations or abuse such as inadequate or inappropriate medical or dental care, neglect or abuse, the quality of the food, and these are just to name a few.
Our Nursing Home Abuse Attorneys are legal experts that understand the Legal Rights of Nursing Home Residents and are able to effectively evaluate your case and advise you on the issue of Nursing Home Abuse if you or a loved one has been found in this most unfortunate situation. If you or a loved one feels that you are subjected to, or have been subjected to, Nursing Home Abuse please kindly contact us today for your free legal consultation by any or all of the following means by phone at our Nursing Home Abuse Hotline at (770) 865-8654 and (813) 363-6664, by email at firstname.lastname@example.org, or Contact Us on our website. We are here to assist you with your legal situation today so we look forward to hearing from you soon.
Very few nursing home abuse cases are reported to authorities. In fact, it has been shown by statistics that only 1 in 14 cases of elderly abuse are actually reported to authorities. With over 2 million Americans living in nursing facilities, the odds are very high that a nursing home resident is right now suffering at the hands of a negligent or abusive caregiver or fellow resident. This is completely unacceptable.
In Georgia as the statistics show, cases involving nursing home neglect and abuse are very common, and these incidents can range in severity from failure to provide adequate medical attention, verbal abuse, and to sexual assault.
No matter what the incident entails, all victims of nursing home abuse and neglect in Georgia and their loved ones are entitled to seek legal help in order to protect their rights and bring those responsible for their suffering to justice and uncover these horrific acts.
However, when a skilled and experienced Georgia Nursing Home Abuse Attorney is on your loved one’s side, you can be rest assured that those responsible for the abuse will not escape prosecution and your loved one will obtain compensation for their injuries and/or emotional distress.
- What is a Legal Guardian?
- What is a Long-term Care Ombudsman?
- What are Methods of Payment?
- What is Private Pay?
- What is Medicare?
- What is Medicaid?
- What is a Power of Attorney?
- What is an Advance Directive for Health Care?
- What is a Financial Power of Attorney?
- What is a Springing Power of Attorney?
- What is the Admissions Agreement?
- What is a Duration of Stay Agreement?
- Who are Responsible Parties and Guarantees of Payment?
- What is a Personal Needs Allowance Under Medicaid?
- What are the rules regarding Transfer and Discharge?
- What are the Bed-Hold Policies?
- What Payments are Required for services included in Medicaid or Medicare Programs?
- What Contributions to the Facilities, if any, are required under State Law and Regulations?
- What are the Residents’ Rights?
- What are the Limitations on a Residents’ Rights, if any?
- What to do if there has been a Violation of a Residents’ Rights?
- What is the Grievance Procedure?
- What is a Fair Hearing?
- What are some State Resources?
- What are some Local Resources?
It is important that you and your loved ones know and understand the Rights and Remedies that you and your loved ones are entitled to under State and Federal Law in Nursing Homes. Both Georgia and Federal Law provide detailed requirements for the licensure, operation and staffing of Nursing Home Institutions such as applying for and obtaining a permit for operation, requirements of space, sanitation, and safety, proper hiring of Nursing Home Staff such as background checks against the State’s Nursing Home Aide Registry, and other complete screening of potential employees. The Rights and Remedies stated herein cannot be waived by either the resident or the resident’s legal representative.
There are certain Rights and Remedies for residents of Nursing Home Facilities such as the right to a hearing and the right to an Ombudsman. It is very important to note, however, that these Rights and Remedies do not deny you or a loved one at any time from seeking legal action for a violation of any of the Rights and Remedies afford to you and your loved ones under State and Federal Law by pursuing a civil action in a court of law including remedies available for injured residents to recover actual and punitive damages against the facility, or any member or employee(s) of the facility.
Our Nursing Home Abuse Lawyers understand these Right and Remedies under State and Federal Law so if you or a loved one feels that you or a loved one has been, or is a victim, of Nursing Home Abuse, then it is important that you contact us as soon as possible for your free legal consultation by any or all of the following means by phone at Nursing Home Abuse Hotline at (770) 865-8654, (770) 865-8654 and (813) 363-6664, by email at email@example.com, or Contact Us on our website. Nobody should be a victim of Nursing Home Abuse and we are here to assist you so that you and your loved ones are safe in a Nursing Home.
Another way that people in nursing homes are abused is by the overuse of Anti-Psychotic drugs such as Risperdal, Zyprexa, Seroquel, and Abilify. Under the right circumstances, these drugs can be very beneficial. Under the wrong circumstances or in the wrong doses, however, these drugs can cause a catastrophic injury or death in a nursing home or treatment care facility. It has been shown that these drugs have been overused in nursing homes leading to catastrophic injuries and death.
These and other similar drugs are most commonly prescribed to treat people with bi-polar or schizophrenia conditions. Doctors are now, however, prescribing these drugs to nursing home residents suffering from dementia, and to other adults suffering from insomnia. In fact, approximately 22 percent of all nursing home residents in the United States are prescribed these and other anti-psychotic drugs. Although some patients do benefit from these drugs, it has been shown that these drugs are now commonly over prescribed.
The American Psychiatric Association launched an initiative to help curtail the overuse of anti-psychotics in an effort to inform the public about the potential risks of overuse, USA Today reported. Joel Yager, a psychiatry professor at the University of Colorado Boulder reported to USA Today that doctors “are doing what they think might help,” but they are relying too heavily on these drugs without trying other alternatives first or carefully evaluating the effects anti-psychotics have on their patients.
Other reasons these drugs have been used is to restrain unruly patients, which is no longer legal, and, it is believed that the use of these drugs is in response to inadequate staffing in nursing homes.
It is not uncommon for a nursing home patient to take several different medications each day and antipsychotic drugs can interact negatively with their other medications and can further heavily sedate an elderly person, which in turn can make them become unresponsive or unconscious. These drugs can also make a nursing home resident more prone to falls and other injuries. Use of these drugs has also been tied to an increase risk of strokes and respiratory conditions as well.
In 2005, the Federal Drug Administration warned that patients suffering from dementia have a remarkable 60 percent chance of dying from the use of the anti-psychotics. Regardless of these statistics, close to half of all dementia patients are prescribed anti-psychotics.
Given the evidence, the families and loved ones of dementia patients should carefully consider whether they want their elderly loved one prescribed these medications considering the potential risks.
Legislators and the federal government have taken actions to curtail the use of anti-psychotic drugs for dementia patients and improve their quality of care. The “Partnership to Improve Dementia Care” initiative aimed to reduce the use of anti-psychotics in nursing homes by 15 percent by the end of 2012. That goal was not met, however, but there has been significant progress and lawmakers hope that goal will be met by 2013, and there is a new program to address the issue set to be launched in 2014.
If you or a loved one have been subjected to Nursing Home Abuse by the overuse of any drug, then please Contact Us for your free legal consultation today. We are here to help you and keep your loved one safe!