As you page through the glossy brochures featuring elegant images at many of Georgia’s foremost assisting living centers, you can picture your spouse, a parent, and others living out their remaining days in luxury. Unfortunately, the marketing materials often believe what’s going on behind the scenes at many of these facilities. A September 29, 2019 article in the Atlanta Journal-Constitution revealed more than 600 serious allegations involving neglect and abuse, evidencing a colossal failure of state oversight in the industry. Plus, these numbers are likely on the low end, since far too many of these incidents goes unreported.
Perhaps the most disturbing revelation is that nursing home neglect and abuse occur at a much wider range of facilities than many people expect. Fortunately, Georgia law protects the rights of residents and their families in more than just the “traditional” care setting. You should discuss your situation with an Atlanta, GA nursing home abuse and neglect attorney, but some information should shed some light on what constitutes a nursing home.
Broad Definition of “Nursing Home” in the Eyes of Georgia Law: A quick Google search confirms the expansive meaning of the living arrangements known as a nursing home. Any facility that provides residential accommodations, along with varying levels of health care, qualifies. For legal purposes, a nursing home environment may include any combination of:
- Both temporary rehabilitation centers and ongoing care centers;
- Hospitalization for physical or psychiatric illness;
- Assisted living for younger individuals with developmental disabilities;
- Hospice and palliative care centers;
- Facilities designed to accommodate those with Alzheimer’s and dementia; and,
- Many more.
Your Rights in a Nursing Home Abuse or Neglect Claim: Any facility that falls within the broad definition of a nursing home can be held liable for negligent or intentional misconduct. You or your loved one may be entitled to recover monetary damages for all losses stemming from nursing home injuries. The most common forms of abuse in these settings include:
- Physical harm,
- Emotional distress; and,
- Psychological abuse.
Neglect is a different category of misconduct which arises from carelessness. Any assisted living center is accountable for failing to provide care in accordance with a certain standard.
Factors That Affect Monetary Damages: It’s important to keep in mind that there are legal concepts that may impact your rights in a nursing home abuse or neglect case. First, Georgia has a statute of limitations, which allows you two years to file a lawsuit. Plus, there’s a law that allows for punitive damages in Georgia, which may allow you to recover additional amounts for extremely offensive conduct.
Contact an Atlanta, GA Nursing Home Abuse and Neglect Lawyer Regarding Your Claim
Misconduct exists in an array of settings, so it’s a relief to know that your rights in a neglect and abuse claim aren’t limited to the traditional notion of a nursing home. For more information about your remedies or those of a loved one, please contact the Law Offices of Julie A. Rice. We can schedule a free case evaluation to discuss your options.