Despite the countless protections in place to prevent nursing home abuse, it is still a widespread issue. Roughly 5,000,000 elders report being abused every year.
If your loved one has experienced nursing home abuse, you might benefit from the advice and counsel of a local personal injury attorney. You could rest easier knowing that a legal professional is by your side, working around the clock to help you reach your goal to hold negligent staff accountable and receive the compensation you deserve.
Unintentional & Intentional Torts
The law of torts holds people legally responsible for committing wrongful acts that cause harm to others. There are two main kinds of torts, unintentional and intentional torts, both of which may serve as a basis for a lawsuit for nursing home abuse in Atlanta.
An unintentional tort is a wrongful act that was committed through negligence. There are four elements used to prove that a defendant was negligent: duty, breach, causation, and harm. Caretakers and employees at nursing home facilities have a duty to act with reasonable care and prevent unreasonable risk of harm to their residents. Failing to do so would constitute a breach of duty. The following are examples of nursing home neglect:
- Failing to provide reasonable amounts of food or water
- Failing to attend to medical concerns of the residents adequately
- Socially or emotionally neglecting a resident
- Failing to assist residents with basic personal hygiene
Intentional torts are wrongful acts that cause harm to another that was committed with the intent of bringing about the harmful result. Defendants may be liable both criminally and civilly for committing an intentional act. Intentional acts include sexual abuse, assault, battery, intentional infliction of emotional distress, and false imprisonment.
Protections Against Nursing Home Abuse in Atlanta
There are many federal and state regulations in place to protect nursing home residents from abuse. 42 U.S.C. §1395i-3, also known as the Nursing Home Reform Act 1987, is a major piece of legislation that outlined many of the rights and liberties that nursing home residents enjoy today. Most state legislatures have enacted the same rights into state law as well. The Act details many requirements for nursing home facilities to follow, including quality of life assessments and assurances, certification procedures, the requirement for qualified persons to provide services, required training and competency evaluations of nursing home employees.
Nursing home residents in Atlanta have many state and federal rights that protect them from abuse and neglect. These rights include:
- The right to voice grievances without punishment
- The right to be free from discrimination
- The right to enjoy privacy in their rooms and medical needs
- The right to have proper nutrition provided by an employee qualified by the American Dietetic Association
Contact An Atlanta Nursing Home Abuse Attorney Today
Those that commit abuse, whether it is intentional or by neglect, should be held accountable. Families and residents trust nursing home facilities and their workers to provide a safe and healthy environment. When these facilities harm a resident through an act of abuse, it could be difficult for residents and their families know what to do. An Atlanta nursing home abuse lawyer could provide the guidance necessary to help lead you toward recovery. Call now to schedule a consultation.