Georgia takes nursing home abuse seriously, deeming it a breach of medical duty. When caregivers fail to meet the standard of care, it qualifies as medical malpractice.
Victims or their families can seek legal action against the nursing home for the harm inflicted.
Elder abuse is a wide-spread problem
Around 10% of people aged 65 years or older have been abuse victims, and that rate continues to grow. However, appropriate authorities receive reports for only one out of every 14 cases.
In a study including over 2,000 nursing home residents, 44% indicated that they were abuse victims. An overwhelming 95% reported that nursing home staff had neglected them or other residents.
Holding nursing homes accountable
Holding a nursing home responsible for abuse involves gathering evidence and proving a direct link to substandard care. This includes medical records, witness statements and photographic evidence of injuries. Victims can seek compensation for physical, emotional and financial harm by showcasing the breach of duty.
Physical harm
For cases involving physical abuse, victims or their families need to establish negligence on the part of the nursing home. This might mean proving that staff members failed to intervene or were directly responsible for the injuries. Clear documentation of injuries, medical treatment and a timeline of events strengthens the case.
Emotional impact
Proving emotional abuse is challenging. Documenting changes in the resident’s behavior, along with gathering witness statements from staff or fellow residents, helps establish the emotional toll of the abuse.
Financial exploitation
To prove financial abuse, victims must show exploitation. This involves proving unauthorized transactions, missing funds or misuse of the resident’s property. Collecting bank statements, transaction records and any available surveillance footage serves as concrete evidence in a medical malpractice claim.
Recognizing abuse
Keep an eye out for physical signs like unexplained injuries or sudden weight loss. Emotional indicators may include withdrawal or changes in behavior, while financial exploitation can show up as unexplained transactions or missing personal items.
