What is considered nursing home abuse?

 

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According to Federal guidelines, nursing home abuse is defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish. Every resident has a right to be free from mistreatment, neglect, and abuse.

Nursing homes are required by Georgia law and federal regulations to adhere to a reasonable standard of care when caring for residents. Abuse of any kind is a breach of that duty and may be the basis for a lawsuit against the nursing home and the nursing staff.

Abuse comes in many forms, including verbal abuse, sexual abuse, physical abuse, mental abuse, and involuntary seclusion.

The most common form is physical abuse, which may include striking, hitting, slapping, kicking, or controlling behavior through corporal punishment. Sadly, involuntary seclusion is also a problem. This occurs when nursing home staff separates a resident from other residents, usually through confinement to the resident’s room for long periods of time.

Abuse can be the result of improperly trained or overworked staff, or staff that has not been properly screened. All nursing homes have a duty to screen their staff to prevent abuse. In fact, nursing homes may not employ individuals that have been found guilty of previous nursing home abuse, or have a history of abuse, neglect, or mistreatment by State regulations.

Nursing homes must implement written polices, guidelines, and procedures to prevent mistreatment and abuse.

If your loved one has been injured or passed away at a nursing home or assisted living facility, and you are wondering whether it was the result of abuse, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free. If you would like to learn more about this topic or watch additional videos please subscribe to our YouTube channel.