Nursing homes and other long-term care facilities in Georgia are legally required, under both state and federal law, to treat elderly residents with dignity and respect. While we want to trust these facilities to care for our loved ones, that trust isn’t always upheld. In some cases, abusive or negligent staff put vulnerable residents at serious risk.
If someone in your family has suffered abuse or neglect in a nursing home, you may be able to hold the responsible parties accountable. The experienced nursing home abuse lawyers in Kennesaw at Bader Law Injury Lawyers can help you pursue justice and compensation through a legal claim.
Find out how a Kennesaw personal injury lawyer can support you. Call our team today for a free consultation.
Your Elderly Loved One’s Safety Comes First
Before you consider filing a lawsuit against the nursing home, be sure that your senior loved one is safe from harm. You should work on getting them out of the facility first and then report the abuse to the appropriate government authorities as soon as possible.
These include:
- The Division of Aging Services
- Adult Protective Services
- The Healthcare Facility Regulation office
- The Cobb County State Long-Term Care Ombudsman
These government agencies will conduct formal investigations into the nursing home and penalize the facility accordingly. Keep in mind, however, that these departments are not first responders. If you believe your loved one is in immediate danger, do not hesitate to call 9-1-1 or local law enforcement to have your family member rescued right away.
For a free legal consultation with a nursing home abuse lawyer serving Kennesaw, call (404) 888-8888
What is Considered Abuse in Kennesaw Nursing Homes?
In general, nursing home or elder abuse is defined under O.C.G.A. § 30-5-3 as:
- Physical abuse (i.e., intentionally inflicting pain and injuries)
- Sexual abuse
- Mental abuse
- Financial abuse
- Detaining the resident against their will
- Depriving the resident of their needs (food, water, medicine, and so on)
Nursing home residents are under the protection of the Georgia Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100). Nursing homes and other care facilities must uphold their residents’ rights. Failure to do so can be grounds for an abuse lawsuit.
Our Kennesaw nursing home abuse attorneys can find evidence to determine if what your loved one suffered from qualifies as abuse or neglect. While abuse is willful, neglect is harm typically caused by carelessness.
Kennesaw Nursing Home Abuse Lawyer Near Me (404) 888-8888
How Our Kennesaw Nursing Home Abuse Attorneys Establish Liability
Determining liability in a Kennesaw nursing home abuse case can be complicated because it is contingent on the surrounding circumstances. However, in most cases, the nursing home’s personnel and management are negligent. After all, they are responsible for meeting residents’ needs under applicable state and federal standards.
Our staff can investigate to determine the full extent of the care facility’s fault in your loved one’s abuse case. For example, improper implementation of care standards, employee screening practices, or security measures could all be causes for abuse.
A Third Party Could Be At Fault for Your Loved One’s Abuse
Although nursing home abuse is often associated with mistreatment by staff, it can also involve other parties, e.g., a visitor who harms a resident. In such cases, the facility may still bear some responsibility, especially if it failed to enforce adequate security measures. Additionally, if the nursing home knowingly allowed the abuse to continue without reporting it to authorities or notifying management, it may bear more responsibility.
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Recovering Nursing Home Abuse Damages
A successful nursing home abuse settlement or court award in Kennesaw allows you and your elderly loved one to recover compensation from the nursing home or other responsible parties. This compensation generally falls into two categories: economic and non-economic damages.
Economic damages help cover the actual expenses the abuse caused. These can include:
- Medical expenses, such as hospitalizations, medical treatments, medications, and therapy expenses
- Cost of moving to a new nursing home
Meanwhile, non-economic damages compensate for your loved one’s intangible losses and could include:
- Disfigurements and disabilities caused by the abuse
- Physical pain and suffering
- Psychological trauma
- Emotional and mental anguish
- Loss of enjoyment of life
Your attorney can compile records of your loved one’s expenses, such as medical bills. Having as much proof of these losses as possible will make calculating your total recoverable costs more straightforward in your Kennesaw nursing home abuse case.
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File Your Nursing Home Abuse Lawsuit On Time
The statute of limitations for nursing home abuse is generally two years, per O.C.G.A. § 9-3-33. Therefore, you and your elderly loved one typically have up to two years to file a lawsuit for damages. Although this may seem like enough time, it’s important to begin building your abuse case as early as possible. Courts typically dismiss civil claims if they’re filed after the legal deadline.
Your attorney will ensure that you file your case on time. For instance, they can check if tolling exceptions apply to your situation. Your lawyer will complete all tasks the lawsuit requires so your family can focus on other matters.
See What Our Nursing Home Abuse Attorneys in Kennesaw Can Do for You
When a loved one suffers abuse in a nursing home, you want more than legal representation; you want fierce, compassionate advocates. At our firm, we believe you should never settle for less. That’s why our attorneys, not case managers, take the lead on your case. From the start, you’ll work directly with an attorney who will fight for your family and your future.
We’ve recovered over $30 million and represented more than 10,000 injured Georgians, which are results that speak to our relentless pursuit of justice. Founding attorney Seth Bader brings insider knowledge from his years defending insurance companies. He knows how they evaluate and fight claims, and he uses that to your advantage.
We treat your case with the urgency it deserves. You’ll hear from us within 48 hours of your call and receive regular, clear updates. Your questions are answered in plain English, and you’ll always be treated with the utmost respect by every member of our team.
Our mission is simple: Winning Big for Our Clients. Whether you’re in Kennesaw or beyond, we’re here to help your family heal and hold negligent facilities accountable. Don’t wait; justice starts with one call.
Seek Justice for Your Elderly Loved Ones Harmed By Nursing Home Abuse
Getting abused by people who should be taking care of you can be a traumatizing experience for your senior loved one. We understand the pain you and your family are going through and are ready to fight for your right to fair compensation. Our Kennesaw nursing home abuse lawyers can help file your case and be your advocate.
We also help families that have lost loved ones to abuse in nursing homes. Your lawyer can explain whether you could file a wrongful death claim for compensation related to your loved one’s passing.
Our team has settled nursing home abuse cases throughout Georgia for several years. We also work in other injury-related practice areas, including medical malpractice, product liability, and auto accidents.
Reach Out to Our Team So We Can Start On Your Nursing Home Abuse Case
Call Bader Law Injury Lawyers anytime for a free consultation. We can answer questions about who might be liable, how long your personal injury claim could take, and what your case could be worth.
You pay nothing upfront for our help. Our nursing home abuse lawyers in Kennesaw are ready to assist.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
