If your loved one was hurt or died at a Georgia nursing home or assisted living facility, you will want to speak with a nursing home abuse lawyer as soon as possible. Under Georgia law, if the injury or death was caused by verifiable abuse by the nursing home, then your loved one will have a claim against that nursing home for damages.
NURSING HOMES CAN BE SUED FOR ABUSIVE BEHAVIOR
Nursing homes owe a duty of care to each and every resident. The nursing home owes a duty to treat each resident with respect. This means hiring quality staff and staffing each shift with the appropriate number of employees. Generally, abuse comes from overworked and understaffed staff taking out their frustrations on residents. Sometimes abuse occurs because of untrained personnel using improper techniques, or illegal restraints.
When a nursing home’s actions towards resident go beyond what is allowed under the law, then that nursing home has breached their duty of care. If the nursing home’s abuse has caused serious bodily injury or death, then the nursing home may be sued for damages in a court of law. This is the basis of nursing home negligence law in Georgia.
WHAT COMPENATION DO I GET FROM A NURSING HOME LAWSUIT?
The nursing home will be responsible for any abusive behavior that actually causes damages to the resident. The compensation will be commiserate with the level of damages that was done. Generally, damages for nursing home abuse cases consists of the cost of medical bills, pain and suffering, and in some cases punitive damages.
Victims of nursing home abuse will be able to recover for any medical expenses incurred that are directly related to treatment from the abuse. This will include any necessary future treatment, procedures, or surgeries. This will be the case even if the resident’s bills were paid by private insurance, Medicare, or Medicaid. However, these insurers will generally have a lien on settlement proceeds.
Abuse victims may also be entitled to receive compensation for pain and suffering. Pain and suffering is based on the permanency of the injury, the level of pain felt, limitations placed on the person’s life, and future pain, among other factors. Depending on the severity of the bodily injury, compensation for pain and suffering can be substantial.
In some instances, the resident will be entitled to punitive damages. Punitive damages are awarded where the abuse is truly wanton and egregious, and is almost always reserved for the worst offenders. Punitive damages are not awarded to compensate the victim, but to punish the abuser.
If your loved has been injured or has passed away at a nursing home due to abuse, and you are wondering if you can sue the facility, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.