Atlanta Nursing Home Abuse Lawyers
Aggressive Atlanta Nursing Home Abuse Attorneys Ready To Assist You
Atlanta and Fulton County host dozens of nursing homes. Some of these nursing homes, such as the Shepherd Center, Signature Healthcare of Buckhead, and Reliable Health & Rehab at Lakewood, enjoy excellent reputations. Nevertheless, nursing home abuse can occur anywhere – sometimes all it takes is a single rogue employee. In other cases, a nursing home might suffer from systematic problems that encourage and perpetuate abuse.
The Nursing Home Residents’ Bill of Rights
The following rights are enshrined by both federal and state law. They can be enforced by a civil lawsuit and, in some cases, by criminal prosecution:
- The right to nondiscrimination in care regardless of age, sex, disability, sexual orientation, marital status, national origin, religion, or financial resources.
- The right to privacy.
- The right to manage their own lives to the extent possible, including their finances.
- The right to sufficient nutrition.
- The right to freedom from restraints, including chemical restraints such as tranquilizers.
Some (but not all) of these rights can be circumscribed if the resident loses mental competence or if an emergency occurs.
Hiring a Trusted Atlanta Nursing Home Abuse Attorney Matters
Your first priorities in a nursing home abuse case, of course, are going to be removing your loved one from the abusive environment and treating them for any medical needs that arose from the abuse. After that, it will be time to demand fair compensation for your loved one (or for yourself, if your loved one died). You might be surprised at how much the attitude of a nursing home changes once they learn that you have retained a highly-skilled Atlanta nursing home abuse lawyer at T. Madden & Associates, P.C. to represent you.
No words can express the gratitude that I have for T. Madden & Associates, P.C. Thanks for making such an unfortunate experience not so much of a headache. No questions or concerns were left unanswered and everything was handled in a timely and professional manner. I also wanted to extend a special thank you to my legal assistant, Elexis Cummings, for going the extra mile to make sure nothing was left undone. Thanks so much for everything you all have done. I sincerely trust you guys.
—La Toya Denise
Other Kinds of Cases We Handle
At T. Madden & Associates, P.C., we practice all forms of personal injury law, including:
- Medical Malpractice: Doctors make mistakes, and sometimes these mistakes cause serious harm. Not every mistake rises to the level of medical malpractice, but many of them do. When they do, you are entitled to compensation.
- Slip and Fall Accidents: Slip and fall accidents result in over a million emergency room visits every year in the United States alone. If you were injured because someone else was careless (a department store owner who failed to properly maintain an escalator, for example), you may have a valid slip and fall claim.
- Negligent Security: A property owner who invites guests onto his property, including business customers, has a duty to render his property reasonably safe against all foreseeable risks. If crime, for example, is a foreseeable risk, the owner has a duty to provide security. Failure to do so results in a claim if someone is hurt that way.
- Wrongful Death: A wrongful death claim could be based on a murder, a negligent homicide, or even an accidental death caused by an oversight that does not rise to the level of a criminal offense. If your loved one’s death was caused by someone else’s wrongful behavior, you may have a wrongful death claim.
- Auto Accidents: The odds are fairly high that you will be injured in an auto accident at some point in your life. The odds that your injuries will be the fault of the other driver are not that much lower. In such a case, you are entitled to full compensation, including compensation for your pain and suffering.
- Trucking Accidents: Commercial trucks, especially 18-wheelers, cause tremendous damage when drivers lose control of their vehicle. One advantage of pursuing a truck accident claim, however, is that commercial truckers are required by law to carry enough insurance to cover just about any personal injury claim.
- DUI Accidents: If you are injured in a DUI accident, you don’t have to wait to find out whether the driver is convicted in criminal court. You can file and win a claim, even if no charges are ever filed against the driver.
- Dog Attacks: Dog attacks are quite common, and children represent about half of all victims. Georgia law holds dog owners financially responsible, as long as they had reason to know in advance that their dog had aggressive tendencies.
- Motorcycle Accidents: Few experiences are more frightening (and painful) than a serious motorcycle accident. In our experience, most two-vehicle motorcycle accidents are caused by an automobile or truck driver, not the motorcyclist.
Frequently Asked Questions (FAQs)
What should I do if I suspect nursing home abuse?
If you have reason to suspect that your loved one is being subjected to nursing home abuse, you need to spring into action immediately:
- Seek immediate medical attention to the extent necessary: This is important not only for the well-being of your abused loved one but also to help gather evidence for your loved one’s nursing home abuse claim. Call 911 and ask for an ambulance, if necessary.
- Notify the nursing home. Sometimes nursing home abuse is not systematic – it could be the consequence, for example, of a single rogue employee. In either case, you should notify the management in writing of your suspicions and keep a copy for yourself. If you don’t do this, the opposing party could later question why you waited so long to report your suspicions.
- Call the police if you have good reason to believe that your loved one was subjected to criminal misconduct. A police report can serve as valuable evidence.
- Take photographs, especially if your loved one exhibits clear physical evidence of abuse such as bed sores or bruises. Photographs can greatly strengthen your case.
- Take steps to have your loved one removed from the facility as soon as possible. The Georgia Department of Human Services maintains a hotline through which you can report elder abuse.
- Contact T. Madden & Associates, P.C. so that we can begin preparing your claim. Our Atlanta nursing home abuse attorneys have handled nursing home abuse claims many times before, and we can advise you every step of the way.
Can a nursing home be sued for the wrongful acts of their employees, or do I have to rely on the employee’s personal resources to satisfy a judgment?
In Georgia, as well as every other state, an employer such as a nursing home can be held civilly liable for the consequences of the wrongful acts of its employees, under the legal doctrine of respondeat superior, if these activities took place during the course of the employee’s performance of his duties.
This principle applies regardless of whether the nursing home itself was negligent. It does not apply if the employee was an independent contractor rather than an employee. Nevertheless, nursing home staff are typically considered employees, not independent contractors. If the nursing home itself was negligent (through negligent hiring or supervision, for example), you can even hold the nursing home liable for the wrongful acts of an independent contractor.
My loved one is incompetent. Can I file a claim on her behalf?
You can file a nursing home abuse lawsuit on behalf of your loved one if:
- They granted you durable power of attorney in writing before they became incompetent; or
- A court appoints you as your loved one’s legal guardian. This can happen even after your loved one becomes incompetent. Even if you have not yet been appointed guardian, you can still use your eligibility for guardianship as leverage in settlement negotiations.
Who investigates nursing home abuse or neglect in Georgia?
The Georgia Department of Community Health Healthcare Facility Regulation (HFR) is responsible for investigating reports of nursing home abuse. You can call 800-878-6442 (toll-free).
What if my family member doesn’t remember what happened?
If your loved one is mentally incompetent, suffering from cognitive decline, or heavily medicated, they may have no recollection of the abuse they suffered – particularly if it was a single incident such as an injury or sexual abuse. Alternatively, they may remember the abuse but be unable to communicate it.
Naturally, this state of affairs will complicate a nursing home abuse investigation and make the claim harder to prove. Nevertheless, claims like these have been won before based on physical evidence and/or eyewitness testimony, among other means.
We Will Fight for Your Loved One’s Right to Fair Compensation
At T. Madden and Associates, we believe that there is no wrongdoing more despicable than nursing home abuse. Stories from our clients fill us with the desire to demand justice for the abuse of the helpless. All told, we have won tens of millions of dollars for our clients. In fact, our track record is so good that defendants seldom risk facing us in court, instead preferring out of court settlements.
Immediate, Decisive Action Is Critical
If you suspect abuse, speak to our proven Atlanta nursing home abuse lawyer as soon as possible. We can be reached by telephone, by email at firstname.lastname@example.org, or through our online contact page. We can set up a free, confidential case consultation to listen to your story and evaluate your claim. We serve personal injury clients in Ansley Park, Blandtown, Atkins Park, and elsewhere in Atlanta. We also take cases in other areas of Georgia and the US.