Nursing home abuse can occur in a number of ways. Although there are times when the abuse is physical, there are other types of abuses, such as emotional and sexual abuse. In case a caretaker is negligent and fails to provide the proper amount of care to a senior who needs assistance, this lack of care can be regarded as abuse. In some cases, caretakers will take advantage of their patients. They might access the senior’s funds without their permission and use the money to fund their lifestyles.
While seniors are supposed to be well cared for by the professional caretakers, they sometimes don’t receive the care they deserve, meaning some form of elder abuse is happening. Whenever a resident of a nursing home is a victim to abuse, the victim has the right to file a claim against the attacker along with the nursing home with the help of a professional nursing home abuse lawyer in Albany GA.
Shrable Law Firm takes great pride in caring about our client, and we’ll fight to ensure that justice is served for our clients. Our Albany personal injury attorneys have represented many individuals how have gone through such traumatic situations at the hands of the people who were specifically entrusted to care for them.
Understanding the Neglect and Abuse of the Elderly
Elderly abuse is defined as a number of things. It usually starts with domestic incidents. For instance, someone related to the elderly person, such as their child, significant other, or a distant relative, might start abusing them. A caregiver living with the elderly at home might also be guilty of elder abuse and neglect based on their actions.
Institutional incidents can also happen and usually include incidents of abuse and neglect that happen within a facility, such as a hospital or a nursing home. The main purpose of a class-action lawsuit will be holding the relevant company responsible for breaching the contract and thereby mistreating the people who reside in their facility, who went there to receive high-quality care.
How Does Financial Abuse Happen to an Elderly Person?
Due to their conditions, some elderly people are taken advantage of, mainly because of their inability to understand some of the things going around them. The unfortunate thing is that people who are responsible for caring for these individuals can decide to help themselves to the resident’s funds, which is just unacceptable. A senior person can lose a lot of money to a caretaker without realizing it as the person could be unable to check their bank statements or look up different kinds of financial information.
There are a few ways financial abuse can happen. A person who has access to the bank account of the elderly can access the funds, spend money on something, or send money to their personal accounts without the owner’s permission. There are even cases where the individual will engage in scams and other fraudulent activities to make the elderly person believe they are paying for something important while in fact, it’s truly not the case.
In case a senior is abused financially, they could end up losing their assets and everything they’ve worked for over the years. They might not even realize that they’ve lost everything until it’s too late as the person responsible for overseeing their finances exploited them and spent the money on themselves.
Why Is It Necessary to Hire a Nursing Home Abuse Lawyer in Albany GA?
Seniors are some of the most vulnerable people. A lot of aging people basically don’t have the best recollection of events that have happened in the past. In case their judgment is poor and their memory is cloudy, it becomes quite easy for the caretakers and other persons to take advantage of them. While the caretakers are not necessarily always related, there are instances when the relatives will try exploiting the aging loved ones. These people might have bad intentions and are looking to gain access to the money belonging to the elderly relative.
It’s wise to come forward with any evidence of elder abuse immediately it comes to light. The victims need the assistance of an expert nursing home abuse lawyer to help with the process of filing a lawsuit against the people who’ve committed the acts of abuse, even if the people are related to the victim.
With the help of a lawyer, you’ll avoid letting those who’ve committed the acts doing everything they can to avoid getting into any sort of trouble. Keep in mind that they could use the poor memory of the elderly person and their health conditions as a reason to claim the accusations made against them as completely false.
Why Would a Caretaker Claim That the Allegations Are False?
Some caretakers might claim that the allegations made against them are false because they want to avoid the liability and consequences that follow elder abuse, such as huge fines and prison time. They will also claim that the elderly person gave them permission to take the money or that the elderly person is formulating stories and lies to spite them. In case the patient suffers from a condition that affects their memory like dementia, it might be difficult for them to prove that the allegations are true. Still, this is a key reason it’s necessary to work with an elder abuse lawyer in Albany, GA.
Making Accident Claims
In case the elderly person has scrapes, bruises, and marks on their body, these marks might have been caused by neglect from the caretaker. When they are confronted with abuse allegations, the caretaker might claim the elderly person hurt themselves by falling on the ground or in other ways. They will most likely deny doing anything to cause the marks on the patient.
Using the Self-Defense Strategy
People who exploit the elderly will often stoop so low that they can make claims of self-defense against the elderly. They might cook up stories where they claim that the patient was abusive towards them, and had to do what they did in self-defense. While it may sound ridiculous, it’s something that has happened in the past, and it might be used as a self-defense strategy again in the future. Since the attackers will attempt doing anything in their power to get out of trouble, and victims of elder abuse should, therefore, contact a lawyer as soon as possible.
Why Is Elder Abuse Happening?
Elder abuse happens for a few reasons. Although it’s never the right thing to do, there are many different reasons why someone who’s tasked with providing the best care possible to a vulnerable senior may end up making them suffer.
Negligence in the Workplace
While staying at a nursing home, much of the abuse that happens comes from negligence. Some caretakers might not have received the right training and are not sure how to offer ample care and cater to the needs of the elderly. They might be neglecting patients by failing to pay enough attention to them or not meeting their needs. Lack of proper training also means that the caretaker might end up being overwhelmed and upset, which might lead to emotional and physical abuse against the residents of the facility.
Aside from negligence involving the caretakers, elders in a nursing home can file lawsuits against the facility for negligence in case they get hurt in any way while residing in the facility. Nursing home facilities are required to provide safe and comfortable living spaces for the elderly. Part o the requirement is keeping an eye on everything that goes on in and out of the property. In case there are any safety concerns or hazards, the issues should be addressed as soon as possible to prevent them from getting hurt. If issues aren’t addressed properly and a resident gets hurt, the facility and its owners can be sued for negligence.
There are other situations where negligence occurs because one resident causes harm to another resident. The facility might be held liable when something like this happens. The reason behind this is that the facility should be aware of any incidents that involve the residents, and should prioritize monitoring all of the residents carefully to prevent avoidable accidents from happening. Failing to monitor the residents regularly could end with one resident getting into the room of another and they end up causing harm to each other.
Nursing homes often find themselves on the other end of class action lawsuits. Such lawsuits involve a group of residents who might have experienced inadequate or unfair treatment. People living at a specific nursing facility might have ended up with bedsores and other multiple health issues, such as sudden and unexplainable weight loss and dehydration. Residents that might have been losing weight and dehydrated because they weren’t receiving beverages or food as often as needed.
What Do You Do If You Need to Report Nursing Home Abuse That Is Happening in Georgia?
In case you suspect that there’s nursing home abuse happening to your loved one in Georgia, there are some steps you can take to report it. Georgia Laws make elder abuse a crime with serious consequences, and you can report an incidence of abuse anonymously at (229) 518-9209. When reporting the abuse, it’s better to do it on a weekday as that’s when the hotline is usually open. Otherwise, you can contact Shrable Law.
Our attorneys can answer your call any moment, whether you call late at night, early in the morning, on a weekday, or on the weekend. We are always here to help. Be sure to call us at your earliest convenience to let us know about the allegations of abuse and how the situation unfolded.
What Happens When an Abuse Lawsuit Gets Filed Against a Nursing Home?
When a suit is filed against a nursing home facility, they will be made aware of the situation and respond by taking some action. The steps taken might involve conducting an investigation to get more information, firing those accused of the abuse, and offering a settlement to the victims involved.
In case the settlement offer is not enough to cover the cost of the emotional and mental abuse the patient endured along with the medical expenses involved, then Shrable Law will take the case to trial. We’re never afraid to take a case in front of a court of law, where we’ll effectively plead your case and offer compelling evidence about the different instances of abuse that you or your loved one endured while staying at a nursing home.
We are ready to fight for your rights. No one deserves to go through any form of abuse, not only at the hands of a caregiver but anyone else for that matter. We’ll conduct a thorough investigation to gather the most useful and important information, along with evidence to support your case against the nursing home and some of its employees. The following are some of the things we’ll do once we take on a case involving elder abuse:
- Contact expert medical practitioners to assess the injuries the victim sustained
- Reviewing and making copies of the victim’s medical records
- Obtaining information from the nursing home, including surveillance footage
- Interviewing the employees who work in the facility and might have witnessed the things going on
- Reviewing footage taken by any available nanny cams
- Reviewing the victim’s personal financial records to check for proof of mismanaged funds
- Talking with other witnesses who saw the abuse
- Calculating the average cost of medical expenses and damages depending on the victim’s injuries and experience
We take on these steps because for us, fighting for our clients’ justice is important to us.
What do I do If I Believe My Loved One Died From Abuse at a Nursing Home in Albany GA?
In case you think a loved one was a victim of abuse while residing at a nursing home, get in touch with us immediately. We’ll start by investigating the allegations right away. In case your loved is no longer around to fight for their justice, we can step in and fight for justice on their behalf by filing a wrongful death lawsuit and pursue compensation for everything that happened to them. We can sue the facility for the expenses, abuse, pain and suffering, as well as punitive damages.
So, if you know someone who is a victim of nursing home abuse, Shrable Law can help. Get in touch with our Albany personal injury firm today for a free consultation.