Victim of a nursing home abuse?

Sadly, elder abuse in care facilities is not rare. National studies suggest as many as 1 in 6 seniors experience abuse or neglect, and it’s believed that only a fraction of these cases ever get reported.

If you suspect someone you care about is being mistreated in an Atlanta nursing home, know this: You’re not powerless, and Georgia law provides pathways to hold negligent facilities accountable.

Call us today at (800) 900-0000 for a free consultation with an experienced Atlanta nursing home abuse lawyer. We’ll listen, explain your options, and help you figure out the next steps.

Why Put Your Trust in Sweet James?

When you’re facing a situation as sensitive and potentially complex as nursing home abuse, you need a law firm that treats you like family while aggressively pursuing justice. That’s our approach at Sweet James. We’ve built our reputation on fighting for people injured by negligence, recovering over $1 billion for our clients across the nation with a track record of success in the vast majority of our cases.

Our Atlanta office is conveniently located at 1900 Century Pl NE Suite 200A, easily accessible off the I-85. We handle the legal burdens – the investigation, the paperwork, the negotiations, dealing with the facility and their insurance companies – so you can focus on your loved one. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Our mission is straightforward: get you the maximum compensation possible and hold the responsible parties accountable.

Calculating What Was Taken: Compensation in Abuse Cases

Putting a dollar figure on the harm caused by abuse or neglect feels inadequate, but securing compensation is a primary way the legal system provides relief and holds facilities accountable. It acknowledges the losses suffered and helps cover the resulting costs. In Georgia, compensation (or “damages”) in nursing home abuse cases generally falls into three categories:

Economic Damages

These are the direct, calculable financial losses stemming from the abuse or neglect. Think of them as the tangible costs you can add up with receipts and bills. Examples include:

• Medical expenses (hospital stays, doctor visits, therapy, medication needed because of the abuse/neglect)
• Costs of moving to a new facility
• Replacement costs for stolen property (in financial exploitation cases)
• Funeral and burial expenses (in wrongful death cases)

Our attorneys meticulously gather all documentation – medical bills, invoices, financial records – to calculate the full extent of these monetary losses.

Non-Economic Damages

These damages compensate for the intangible, personal harms that don’t have a direct price tag but profoundly impact quality of life. This is compensation for the human cost of the abuse. Examples include:

• Pain and suffering (physical pain from injuries, emotional distress)
• Mental anguish (anxiety, depression, PTSD)
• Loss of enjoyment of life
• Disfigurement or scarring
• Loss of companionship (in wrongful death cases)

Calculating these requires presenting compelling evidence about how the abuse affected your loved one’s physical and emotional well-being. We work to demonstrate the true depth of this suffering.

Punitive Damages

Sometimes, a facility’s conduct goes beyond simple carelessness; it shows a willful disregard for resident safety or rights. In such cases, Georgia law allows for punitive damages (O.C.G.A. § 51-12-5.1). These aren’t meant to compensate the victim for losses but to punish the wrongdoer and deter similar conduct by others in the future. Obtaining punitive damages requires proving clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences.

Our team thoroughly investigates the circumstances surrounding the abuse to determine if the facility’s actions meet the high threshold for punitive damages, aiming to secure the maximum possible recovery for you and send a strong message that such behavior is unacceptable.

Abuse Doesn’t Just Happen Anywhere: The Atlanta Reality

Georgia has faced scrutiny regarding the quality of care in some facilities. Reports have indicated issues with staffing levels, which many connect directly to the risk of neglect and abuse. According to Skilled Nursing Facilities data, Georgia holds a 2.9 out of 5 rating for quality care in nursing homes.

Investigative reporting by outlets like the Atlanta Journal-Constitution and ProPublica has highlighted specific deficiencies and penalties levied against Georgia facilities. ProPublica’s data over a recent four year period indicated that roughly 10% of Georgia nursing homes had serious deficiencies. One older, yet disturbing, study by the Atlanta Long-Term Care Ombudsman Program found that among 80 residents interviewed in 23 Georgia nursing homes, 44% reported they had been abused, and a shocking 95% reported experiencing or witnessing neglect (Atlanta Long-Term Care Ombudsman Program, 2000).

While these numbers might fluctuate, the underlying issues of understaffing, inadequate training, and prioritizing profit over people persist. Problems have also been noted with the state’s system for investigating complaints, with backlogs sometimes occurring, potentially delaying intervention.

Recognizing the Unthinkable: Nursing Home Abuse Explained

Nursing home abuse isn’t always obvious physical violence. It takes many forms, often subtle, leaving residents suffering in silence. Recognizing the signs is the first step toward intervention.

Types of Abuse and Neglect

Understanding the different categories helps you identify potential problems:

• Physical Abuse: Intentional use of force causing pain or injury. This includes hitting, slapping, pushing, improper use of restraints, or rough handling.
• Emotional/Psychological Abuse: Inflicting mental pain or distress through verbal assaults, threats, humiliation, intimidation, or isolation. Making someone feel worthless, helpless, or fearful.
• Sexual Abuse: Any non-consensual sexual contact, including unwanted touching, harassment, explicit photography, or assault. Residents with cognitive impairments are especially vulnerable.
• Financial Exploitation: Illegally or improperly using a resident’s funds, property, or assets. This might involve theft, forgery, coercion into changing wills or P.O.A., or unauthorized account use.
• Neglect: The failure to provide necessary care, goods, or services. This is frequently linked to understaffing and includes:
  • Ignoring calls for help
  • Leaving residents in soiled clothes or bedding
  • Failing to provide adequate food, water, or medication
  • Not assisting with personal hygiene
  • Failing to prevent falls or bedsores

Common Resulting Injuries

The consequences of abuse and neglect are severe and life-altering:

• Physical Injuries: Bedsores (pressure ulcers), unexplained bruises, welts, cuts, burns, broken bones (especially hip fractures from falls), sprains, head injuries.
• Emotional/Psychological Trauma: Increased anxiety, depression, withdrawal, fearfulness (especially around certain staff), agitation, confusion, PTSD.
• Health Complications: Malnutrition, dehydration, infections (like UTIs or sepsis, often from poor hygiene or untreated wounds/bedsores), worsening of existing health conditions, medication errors causing adverse effects.
• Financial Loss: Depletion of savings, loss of property, identity theft.
• Wrongful Death: In the most tragic cases, abuse or neglect leads directly or indirectly to a resident’s death.

Georgia’s Rules: Your Loved One’s Rights

Georgia law explicitly protects nursing home residents. The “Bill of Rights for Residents of Long-Term Care Facilities” (O.C.G.A. § 31-8-100 et seq.) outlines fundamental protections, including:

• Right to Dignity and Respect: To be treated with consideration and recognition of their individuality. (O.C.G.A. § 31-8-104)
• Right to Appropriate Care: To receive adequate and proper medical care, nursing care, and other services without discrimination. (O.C.G.A. § 31-8-105)
• Right to Choose Physician/Pharmacy: To select their own doctor and pharmacy for services not included in the facility’s basic rate. (O.C.G.A. § 31-8-106)
• Right to Be Free from Abuse: Protection from mental and physical abuse, including freedom from physical or chemical restraints used for discipline or convenience rather than medical necessity. (O.C.G.A. § 31-8-109)
• Right to Manage Finances: To manage their own financial affairs or authorize the facility to assist, with strict accountability rules. (O.C.G.A. § 31-8-115)
• Right to Privacy: Including privacy in their room and during personal care. (O.C.G.A. § 31-8-111, § 31-8-114)

Furthermore, Georgia Code § 31-8-81 defines “abuse” broadly as intentional or grossly negligent acts or omissions causing injury, including failure to provide care. This statute, part of the “Long-term Care Facility Resident Abuse Reporting Act,” mandates reporting of suspected abuse.] Violations of these rights form the basis of a legal claim against the facility.

The Pushback: Why Nursing Homes Fight Claims

When you bring forward allegations of abuse or neglect, don’t expect the nursing home or its insurance company to simply admit fault. They employ tactics designed to minimize payouts or avoid responsibility altogether. Be prepared for resistance.

Common Defensive Tactics

Facilities and their insurers might try to derail your claim by:

• Denying Everything: Flatly stating the abuse or neglect never happened, dismissing your observations or your loved one’s account.
• Blaming the Victim: Suggesting the resident’s injuries were self-inflicted, caused by a pre-existing condition unrelated to their care, or the result of their own non-compliance or difficult behavior.
• Pointing Fingers: Shifting blame to a third party, like a visiting family member, a different healthcare provider, or even another resident.
• Downplaying Injuries: Arguing that the harm wasn’t serious or that it didn’t result from the alleged incident.
• Manipulating Records: Failing to document incidents, altering medical charts, or conveniently “losing” key records that could support your claim. Tactics like these aim to hide neglect or abuse.
• Claiming Ignorance: Staff may profess they knew nothing about the resident’s condition or the circumstances leading to injury.
• Offering Quick, Low Settlements: Trying to get you to sign away your rights for a minimal amount before you fully understand the extent of the damages or consult an attorney.
• Using Arbitration Clauses: Attempting to force your dispute into binding arbitration (often required in admission paperwork), keeping the case out of court and potentially limiting recovery.

How Sweet James Fights Back

Our team anticipates these tactics and counters them head-on. We fight back by:

• Thorough Investigation: We gather all available evidence, including medical records, facility logs, staffing records, state inspection reports, and witness statements (from current/former staff, other residents/families if possible).
• Expert Consultation: We work with medical professionals and nursing home care specialists to analyze records, establish the standard of care, and demonstrate how the facility failed to meet it.
• Exposing Inconsistencies: We meticulously review facility documentation and deposition testimony to uncover contradictions, altered records, or patterns of neglect.
• Challenging Defenses: We aggressively counter attempts to blame the victim or shift responsibility, using evidence to clearly link the facility’s actions (or inaction) to the harm suffered.
• Calculating Full Damages: We ensure all economic and non-economic losses are fully accounted for and presented persuasively. As mentioned before, this includes pursuing punitive damages where appropriate.
• Strong Negotiation: We negotiate forcefully with the facility and their insurance company, armed with solid evidence and a clear demand for fair compensation.
• Litigation Readiness: If a fair settlement isn’t offered, we are fully prepared to take your case to court and argue it before a judge and jury. We won’t be intimidated by stall tactics or lowball offers.

After the Discovery: Steps to Strengthen Your Case

Once you’ve ensured your loved one is safe and receiving appropriate medical attention (which is always the first priority), there are several things you do to help build a strong legal case. These actions focus on preserving evidence and documenting the situation thoroughly.

• Document Everything: Start a journal immediately. Record dates, times, specific incidents you witnessed or were told about, names of staff involved, your loved one’s physical and emotional state, and any conversations you have with facility management or staff. Details matter.
• Take Photographs/Videos: If safe and appropriate, document injuries (bruises, bedsores, cuts), poor conditions (unsanitary room, broken equipment), or anything else relevant. Make sure photos/videos are dated.
• Gather Records: Keep copies of everything. This includes medical bills related to the injuries, receipts for any expenses incurred (like moving costs, special equipment), and any correspondence with the nursing home.
• Request Medical Records: Obtain complete copies of your loved one’s medical records from the nursing home and from any outside doctors or hospitals they visited. Review them carefully or have your attorney do so.
• Follow Medical Advice: Ensure your loved one follows all treatment plans prescribed by doctors after the abuse/neglect was discovered. This shows you’re mitigating damages and connects the treatment to the harm caused by the facility.
• Identify Witnesses: Note the names of any staff members, other residents, or visitors who may have witnessed the abuse, neglect, or the resulting conditions. Their accounts add strength.
• Report to Authorities (If Not Done Already): File formal complaints with the Georgia Department of Community Health (DCH) and the Long-Term Care Ombudsman Program. Obtain copies of these reports and any investigation findings. You usually file complaints online or via phone (DCH Complaint Hotline: 1-800-878-6442; Ombudsman: 1-866-552-4464, Option 5).
• Avoid Recorded Statements: Do NOT give a recorded statement to the nursing home’s insurance adjuster or attorney without first consulting your own lawyer. They seek information to use against you. Direct them to speak with your attorney.
• Limit Social Media: Refrain from posting details about the situation, your loved one’s condition, or the potential lawsuit on social media. Opposing counsel searches for posts to potentially use against your case.

Let Us Champion Your Cause

If you suspect nursing home abuse or neglect in the Atlanta area, reach out. Your initial consultation is free, and you owe us nothing unless we win your case.

Call the Atlanta personal injury lawyers from Sweet James today at (800) 900-0000 and let us help you seek the justice your family deserves.