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Hampton and Hampton Law are trusted nursing home abuse attorneys in Atlanta, GA, who understand the importance of ensuring the safety, well-being, and dignity of our elderly community members. If you or a loved one has experienced neglect, mistreatment, or abuse in a nursing home, our dedicated team of legal professionals is here to stand by your side. Based in Atlanta, we have a deep understanding of the local regulations and standards governing nursing homes. We combine this local insight with a commitment to provide personalized, supportive legal representation for you and your family.
Many injuries occur in nursing homes across the country, as confirmed by a study conducted by the Special Investigations Division of the House Government Reform Committee. The elderly, mentally ill, and the disabled are some of the most vulnerable victims of crime and neglect. In the United States, there are over 36 million citizens over the age of sixty-five. As baby boomers come of age and advances in medical care cause senior citizens to live longer, nursing home abuse and neglect have become an everyday reality.
In a report issued by the American Medical Association in 2021, Nursing home abuse rose at an alarming rate in terms of frequency and severity. Further, a large percentage of nursing home residents use Medicaid with traditionally low reimbursement rates. With a high number of Medicaid patients and traditionally low reimbursement rates, nursing home facilities can be seen cutting back on staff and levels of care, leading to an increase in nursing home negligence.
Hampton and Hampton Law upholds dignity and care against nursing home abuse. We help victims of nursing home negligence and their families hold nursing homes accountable for a wide range of harm, including:
Over 15 years of expertise
If you believe there has been nursing home neglect, negligence, or abuse, it is important to take immediate action. And while every case is different, here is some guidance on steps you should consider:
Document any signs of abuse, including injuries, changes in behavior, or emotional distress. Take photographs of any visible injuries or unsafe conditions.
Report the abuse to the appropriate authorities, such as Adult Protective Services (APS) in your state. APS is designed to investigate and intervene in cases of elder abuse. Contact the local law enforcement agency to report the abuse, especially if criminal activity is suspected
If there is an immediate threat to the person's safety, call emergency services (911) to get immediate medical attention or assistance. If possible, remove the person from the abusive situation.
Consult with an attorney who specializes in nursing home abuse cases. Share your documentation and discuss potential legal actions that can be taken against the responsible parties.
It's also essential to consider counseling or therapy to help both the individual and their loved one cope with the emotional impact of such a traumatic experience.
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Common signs of elder abuse:
1. Unexplained bruising, black eyes or other injuries
2. Falls, especially if they are frequent
3. The development of bedsores
4. Rapid weight loss
5. Lack of interest in activities the patient used to enjoy
6. A change in demeanor such as aggression or unusual depression
7. Emotional agitation or extreme withdrawal
8. Fear of being touched
9. Signs of overmedication like drowsiness, dry and cracked lips, slumping in wheelchairs, drooling, unresponsive behavior, vacant stares and slurred speech
10. Caretakers unable to give a reasonable explanation of a patient’s condition or injury
11. Signs of neglect, like poor personal hygiene, urine smell, unsanitary conditions
12. Missing personal items, especially items of value
• In one year alone, 25% of nursing homes were cited for causing serious injury or death.
• More than 30% of nursing homes experience some type of elder abuse.
• Only about 20% of abuse cases are reported.
• Abusers are known to the victim in 90% of cases.
Professional Negligence, Ordinary Negligence, Negligence Per Se, Injuries Caused by Third Parties, Breach of Contract, and Class Actions.
In a claim for professional negligence, the defendant is usually a nurse or medical care provider. In the complaint, the plaintiff alleges that the defendant failed to exercise a reasonable degree of care, diligence and skill ordinarily employed by nursing homes in similar situations and surrounding circumstances; and that the breach of care caused or contributed to the plaintiff's injuries. Each complaint must have an affidavit of a medical professional attesting to the standard of care and a breach in the standard of care. Nursing homes may be liable for a nurse's professional negligence, also called malpractice, under the doctrine of respondent superior (employer liability).