ALPHARETTA NURSING HOME ABUSE LAWYER

Physical Abuse

This type of abuse is characterized by the use of physical force against a nursing home resident that results in pain, injury, or impairment. It can include hitting, slapping, kicking, shoving, pinching, burning, use of restraints, forcible feeding, and more.

Psychological Abuse

Psychological abuse is similar to emotional abuse in that it involves verbal or nonverbal maltreatment that causes psychological pain or distress. However, psychological abuse also includes threats and manipulation tactics designed to control a resident's behavior. For example, a nursing home employee might threaten to withhold medication unless a resident agrees to do what they want.

Psychological abuse can be just as harmful as physical abuse and can often lead to long-term mental health problems such as anxiety, depression, and post-traumatic stress disorder (PTSD).
If you suspect that your loved one is being abused in their nursing home, it's important to take action immediately. Contact an experienced elder abuse attorney who can help you investigate the situation and hold the responsible parties accountable.

Sexual Abuse

Sexual abuse in nursing homes is a serious problem. Though it is often underreported, a study by the Centers for Disease Control and Prevention (CDC) found that 1 in 3 nursing home residents will experience some form of sexual abuse during their time in a nursing home.

There are many factors that contribute to the prevalence of sexual abuse in nursing homes. First and foremost, nursing home residents are generally vulnerable individuals. They may be cognitively or physically impaired, which makes it difficult for them to report abuse or defend themselves from abusers. Additionally, most nursing homes are understaffed, which means that there are fewer staff members available to supervise residents and prevent abuse from happening. Finally, many abusers target nursing home residents because they know that these individuals are unlikely to be believed if they do report the abuse.

Financial Abuse

Financial abuse is when someone unlawfully or improperly uses a nursing home resident's money or property for their own benefit. This can include forgery, fraud, identity theft, and more. One of the most common forms of nursing home financial abuse is when staff members coerce residents into giving them money or personal belongings. This might happen through outright theft, or it might happen through more subtle means such as pressure selling or fraudulent billing. In some cases, staff members will even set up fake businesses and then charge residents for services that were never actually rendered.

Neglect & Abandonment

Neglect occurs when a nursing home staff member fails to provide the basic necessities of life to a resident. This can include food, water, shelter, medical care, and more. Abandonment occurs when a nursing home staff member leaves a resident alone in a place where they are unable to take care of themselves or get the help they need.

Nursing home abuse is a serious problem in the United States. If you believe that your loved one has been a victim of nursing home abuse, you may be wondering how to file a lawsuit. Here is a brief overview of the process:

1. Speak with an attorney: The first step in filing any kind of lawsuit is to speak with an experienced attorney who can help you understand your legal options and the merits of your case.
2. Gather evidence: You will need to gather evidence to support your claim of abuse. This may include medical records, photographs, eyewitness testimony, or anything else that can help establish what happened and who is responsible.
3. File a complaint: Once you have gathered all the necessary evidence, you will need to file a formal complaint with the court. This document will outline your allegations and should be backed up by the evidence you have collected.
4. Serve the defendants: The next step is to “serve” the defendants—that is, formally notify them that they are being sued. This is typically done by delivering a summons and complaint.
5. Wait for a response: Once the defendants have been served, they will have a certain amount of time to respond to the lawsuit.
6. Discovery: After the defendants have filed their response, there will be a period of discovery during which both sides will have an opportunity to obtain information from the other side. This may include taking depositions, exchanging documents, and answering written questions.

Pre-Trial Motions: Once discovery is complete, either party may file motions with the court. Motions are typically filed to ask the court to make a ruling on some issue in the case. For example, one party may file a motion for summary judgment asking the court to rule in their favor without having a trial.

Trial: If no motion for summary judgment is filed or if the motion is denied by the court, the case will go to trial. At trial, the plaintiff and the defendant will present their evidence and argue their respective positions before a judge or jury, who will then make a decision in the case.

Keep in mind that most of the time, cases settle before they go to trial, meaning the defendant and the plaintiff come to an agreement about a monetary amount that is satisfactory to both parties. This is because settling out of court is almost always quicker, cheaper, and less stressful for everyone involved than taking a case to trial.

In the state of Georgia, the statute of limitations for filing a nursing home abuse lawsuit is two years from the date of the injury, or when the victim reasonably should have known or been aware that they were injured due to nursing home abuse. The discovery rule may toll, or pause, the statutory clock if the victim did not know and could not reasonably have known about their injuries.

The short answer is that it depends. There are a lot of factors that go into how long a nursing home abuse lawsuit will take. The first thing to keep in mind is that every case is different, and what works for one might not work for another. That said, here are two things that can affect the duration of your lawsuit:

The Severity of the Abuse

One of the most important factors in determining how long the lawsuit will take is the severity of the abuse. If the abuse was relatively minor, it might not take as long to reach a settlement. However, if the abuse was severe, it could take longer to reach a resolution. This is because more serious cases tend to involve more complicated legal issues and more evidence. Additionally, if the nursing home is contesting the allegations, it could take longer to reach a settlement.

The Number of Defendants

Another factor that can affect the duration of your lawsuit is the number of defendants. If you're suing multiple defendants, it could take longer to reach a resolution. This is because there will be more people involved in the case, which can make it more difficult to come to an agreement.

In general, nursing home abuse lawyers work on a contingency fee basis. This means that they do not charge an upfront fee for their services. Instead, they take a percentage of any damages that are awarded to the client. The contingency fee percentage can vary depending on the lawyer and the specifics of the case, but it’s usually between 33 and 40 percent.

Winning a nursing home abuse case can result in substantial damages being awarded to the victim. These damages can cover things like medical expenses, pain and suffering, and emotional distress. In some cases, punitive damages may also be obtained. Punitive damages are used to punish the abuser and deter future abuse from occurring. So, while 40 percent can seem like a high price, you could still end up with a significant amount of compensation as a result of your claim.

If you suspect that your loved one is a victim of nursing home abuse, it's important to take immediate action. The first step is to contact an experienced nursing home abuse attorney who can help you investigate the situation and protect your loved one's rights. An experienced attorney will also be able to help you pursue legal action against the abuser and seek compensation for your loved one's injuries. Don't hesitate to call Morgan & Morgan’s nursing home abuse attorneys in Alpharetta. We are here to help.

Contact us today to schedule a free case evaluation.