How Common Is Nursing Home Abuse and Neglect?
Nursing home abuse and neglect are sad realities for many older Americans. According to data from the National Center on Elder Abuse (NCEA):
- Between 1 in 6 and 1 in 10 older adults who live in community dwellings experience some form of abuse each year.
- Self-reported incidents of elder abuse indicate 11.6 percent of nursing home residents experience psychological abuse, 2.6 percent experience physical abuse, 6.8 percent experience financial exploitation, 4.2 percent experience neglect, and 0.9 percent experience sexual abuse.
- Self-reported incidents of elder abuse are even higher among residents of nursing home institutions. Among these elders, 33.4 percent report psychological abuse, 14.1 percent report physical abuse, 13.8 percent report financial exploitation, 11.6 percent report neglect, and 1.9 percent report sexual abuse.
- Studies suggest that for every reported incident of nursing home abuse or neglect, almost 24 additional cases go unreported due to the victim’s shame, dependency, fear of retaliation, or physical or cognitive limitations.
In Gwinnett County alone, dozens of nursing homes and assisted living facilities care for thousands of elderly residents. When these facilities fail to maintain adequate staffing levels, properly train employees, or implement safety protocols, the vulnerable people in their care suffer the consequences. Our Georgia nursing home abuse lawyers have seen firsthand how understaffing and negligent hiring practices contribute to widespread abuse and neglect.
What Are Some Examples of Nursing Home Abuse and Neglect?
Common examples of nursing home abuse and neglect include:
- Lack of toileting, changing, or cleaning
- Lack of assistance with eating or drinking
- Lack of assistance with walking or bathing
- Lack of participation in activities of interest
- Ignoring calls or cries for assistance
- Failing to provide necessary medical care
- Physical harm from hitting or shoving
- Force-feeding
- Berating, ignoring, ridiculing, or threatening
- Improper sexual touching or coercion
- Exposure to inappropriate sexual content
- Immobilization, dehydration, or malnutrition
- Theft of money, valuables, or personal items
- Identity theft, scams, and fraudulent schemes
- Misuse of power of attorney or other authority
- Financial extortion and manipulation
- Improper billing for medical services
Neglect often causes serious medical complications. Bedsores, also called pressure ulcers, frequently develop when residents are left in the same position for extended periods without repositioning. These wounds can progress to life-threatening infections. Falls due to inadequate supervision can result in broken bones and traumatic brain injuries, particularly dangerous for elderly individuals whose bodies heal more slowly.
What Are Some Common Signs of Nursing Home Abuse and Neglect?
You should look out for the following signs as possible red flags for nursing home abuse and neglect:
- Unexplained injuries, such as bruises, burns, or fractures
- Bedsores, infections, or poor hygiene
- Malnutrition or dehydration
- Sudden changes in behavior, including aggression, withdrawal, or depression
- Medication errors or over-medication
- Unsanitary living conditions, such as soiled bedding or foul smells
- Inadequate staff-to-patient ratios
- Lack of access to medical care or delayed medical treatment
- Social isolation or withdrawal from usual activities
- Excessive control over the resident’s social interactions
- Missing belongings or valuables
- Signs of fear or anxiety around certain staff members or caregivers
- Inadequate responses to complaints or concerns
- Poor record-keeping, such as incomplete or inaccurate medical charts
When visiting your loved one at a Lawrenceville-area nursing home, pay close attention to these warning signs. Document anything concerning with photographs and written notes, including dates and times. This documentation can be valuable evidence if you later need to pursue a premises liability or negligence claim against the facility.
Are There Criminal Penalties for Nursing Home Abuse and Neglect?
Yes. Nursing home abuse and neglect are crimes at the state and federal levels. Many similarities exist between Georgia laws and federal laws that criminalize nursing home abuse, but Georgia goes one step further in protecting nursing home residents by laying out an explicit bill of rights for the residents of long-term care facilities. Both federal law and Georgia law classify elder abuse, exploitation, and neglect as felony offenses, punishable by up to $50,000 and 20 years in prison. State and federal laws also penalize those who threaten or intimidate nursing home residents after reports of abuse and those who willfully and knowingly obstruct investigations into reported abuse or neglect. This type of threatening, intimidating, or obstructing behavior is classified as an aggravated misdemeanor offense.
It’s important to remember that any criminal charges are a separate matter from a civil lawsuit over nursing home abuse and neglect. It may be possible to bring a successful civil claim for nursing home abuse or neglect even if no one is ever charged with a crime. Criminal prosecutions require proof “beyond a reasonable doubt,” while civil cases only require proving liability by a “preponderance of the evidence.” This lower standard means families can often obtain compensation through civil lawsuits even when criminal charges are not filed. If your loved one’s abuse resulted in death, our Lawrenceville wrongful death lawyers can help you understand your options for holding the responsible parties accountable.
Where Can I Report Nursing Home Abuse and Neglect?
If you suspect that nursing home abuse or neglect is happening, or if a resident tells you they are experiencing abuse or neglect, taking immediate action is essential. By filing a report right away, you can prevent further suffering and hold abusive individuals or organizations accountable. Call 911 in life-threatening situations. If the situation is less severe, you can file a report of nursing home abuse or neglect with any of the following:
In Gwinnett County, you can also contact the Gwinnett County Police Department or the Lawrenceville Police Department to report suspected abuse. Filing official reports creates a paper trail that can strengthen any future civil lawsuit while also protecting other residents from ongoing harm.
What Monetary Compensation May Be Available Through a Nursing Home Abuse and Neglect Lawsuit?
If a loved one suffers from nursing home abuse or neglect in Lawrenceville, you could file a lawsuit seeking monetary compensation for the following:
- All related medical expenses
- Physical pain
- Emotional grievance
- Financial losses
- Funeral and burial expenses for cases resulting in wrongful death
- Punitive damages (when applicable)
Punitive damages may be available in cases involving particularly egregious conduct, such as intentional abuse, a pattern of willful neglect, or corporate decisions that prioritized profits over resident safety. Georgia law allows punitive damages when the defendant’s actions show willful misconduct, malice, fraud, wantonness, oppression, or complete disregard for the consequences. Our attorneys work with medical experts, life care planners, and economists to fully document the harm your family has suffered and calculate the compensation you deserve.
What Is the Georgia Statute of Limitations for Filing a Nursing Home Abuse Civil Claim?
Georgia law gives you two years to file a civil personal injury lawsuit, including nursing home abuse and neglect lawsuits in Lawrenceville. If you don’t act before the deadline, you could lose your right to demand compensation for the abuse or neglect in court. The best way to keep your case on track is to work with an experienced Lawrenceville attorney.
Some exceptions may extend or shorten this deadline. If the abuse victim passed away, the statute of limitations for a wrongful death claim is generally two years from the date of death. If the victim lacked the mental capacity to recognize the abuse or file a claim, the deadline may be tolled until a legal representative is appointed. The nursing home abuse and neglect lawyers at the law firm of Butler Kahn can identify important deadlines and handle your case efficiently from day one. Learn more about how long personal injury cases take in Georgia.
Who Can Be Held Liable for Nursing Home Abuse in Lawrenceville?
Multiple parties may bear responsibility when nursing home abuse or neglect occurs in Gwinnett County:
- The nursing home facility itself – Facilities have a duty to maintain safe premises, hire qualified staff, and implement proper care protocols.
- The facility’s corporate owner or management company – Many nursing homes are owned by larger corporations that make staffing and budget decisions affecting resident care.
- Individual staff members – Nurses, aides, administrators, and other employees who directly harmed residents or failed in their duties.
- Third-party contractors – Companies providing medical services, therapy, transportation, or other services to residents.
- Medical professionals – Doctors, pharmacists, or other healthcare providers whose negligence contributed to the harm.
Identifying all liable parties is essential to maximizing your recovery. Nursing homes often carry limited insurance policies, but their corporate owners or management companies may have additional coverage. Butler Kahn investigates the corporate structure of nursing home defendants to identify all potential sources of compensation.
How Do You Prove a Nursing Home Abuse Case in Georgia?
Successfully proving a nursing home abuse or neglect case requires demonstrating that the facility or its staff failed to meet the applicable standard of care and that this failure caused harm to your loved one. Key evidence in these cases includes:
- Medical records documenting injuries, weight loss, infections, bedsores, or other signs of neglect
- Facility records showing staffing levels, incident reports, and care plans
- State inspection reports and citations from the Georgia Department of Community Health
- Photographs of injuries, living conditions, or the resident’s physical state
- Testimony from witnesses including family members, other residents, or former employees
- Expert testimony from geriatric care specialists, nurses, or physicians
Georgia nursing homes must comply with federal regulations under the Nursing Home Reform Act, state licensing requirements, and their own policies and procedures. When facilities violate these standards, the violations can serve as evidence of negligence. Our attorneys obtain and analyze these records to build the strongest possible case for your family.
Nursing Home Abuse Service Areas in Gwinnett County
Butler Kahn represents families affected by nursing home abuse and neglect throughout Lawrenceville and the surrounding Gwinnett County communities. Our Lawrenceville office is located near the Gwinnett County Courthouse, making it convenient to handle cases involving facilities throughout the county. We serve clients from:
- Lawrenceville
- Downtown Lawrenceville
- Lawrenceville Square
- Suwanee
- Duluth
- Snellville
- Lilburn
- Grayson
- Loganville
- Dacula
- Buford
- Norcross
- Peachtree Corners
- Sugar Hill
- Auburn
- Braselton
We also handle nursing home abuse cases in the surrounding counties, including Walton County, Barrow County, Hall County, Forsyth County, and DeKalb County. If your loved one was harmed in a care facility anywhere in the greater Atlanta area, contact Butler Kahn to discuss your case. We also have offices in Atlanta, Jonesboro, and Roswell to serve families throughout Georgia.
Frequently Asked Questions About Nursing Home Abuse in Lawrenceville
Can I sue a nursing home for neglect if my loved one died?
Yes. If your loved one died as a result of nursing home neglect, you may be able to file a wrongful death lawsuit against the responsible parties. Georgia’s wrongful death statute allows certain family members to recover compensation for their loved one’s death, including the full value of the deceased’s life, funeral and burial expenses, and the family’s own losses. Butler Kahn’s Georgia wrongful death lawyers can help you understand who has standing to bring a claim and what compensation may be available.
How much does it cost to hire a Lawrenceville nursing home abuse lawyer?
Butler Kahn handles nursing home abuse cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. We advance all costs of investigating and litigating your case, so there is no financial risk to your family. This arrangement allows families to pursue justice against well-funded nursing home corporations without worrying about upfront legal costs.
What is the difference between nursing home abuse and nursing home neglect?
Abuse typically involves intentional harmful actions, such as hitting, pushing, sexual assault, verbal threats, or financial exploitation. Neglect involves the failure to provide necessary care, such as not feeding residents, not administering medications properly, not repositioning bedridden patients, or not maintaining sanitary conditions. Both abuse and neglect can cause serious harm and may form the basis of a civil lawsuit.
How do I know if I have a nursing home abuse case?
You may have a case if your loved one suffered harm while residing in a nursing home and that harm resulted from the facility’s failure to provide adequate care. Signs that you may have a case include unexplained injuries, significant weight loss, untreated medical conditions, bedsores, infections, or sudden changes in behavior. An experienced nursing home abuse attorney can review your situation and advise whether you have grounds for a claim.
Can I file a complaint against a nursing home without hiring a lawyer?
Yes. You can file complaints with Georgia Adult Protective Services, the Healthcare Facility Regulation Division, or the Long-Term Care Ombudsman without an attorney. However, these agencies investigate regulatory violations and cannot obtain financial compensation for your family. To pursue a civil lawsuit for damages, you will need an attorney to represent your interests.
What should I do if I suspect my loved one is being abused in a nursing home?
First, ensure your loved one’s immediate safety. If they are in danger, call 911. Document any signs of abuse with photographs and written notes. Report your concerns to the facility administrator and to Georgia Adult Protective Services. Consider moving your loved one to a different facility if possible. Then, contact a nursing home abuse attorney to discuss your legal options for holding the responsible parties accountable.
How long does a nursing home abuse lawsuit take?
The timeline varies depending on the complexity of the case, the extent of the injuries, and whether the case settles or goes to trial. Some cases resolve within several months through settlement negotiations, while others may take one to two years or longer if litigation is necessary. Butler Kahn works to resolve cases as efficiently as possible while still pursuing full compensation for our clients.
Can I sue a nursing home if my loved one signed an arbitration agreement?
Arbitration agreements in nursing home contracts are not always enforceable. Georgia law and federal regulations limit when nursing homes can require arbitration, and courts have invalidated many such agreements on various grounds. An attorney can review any arbitration clause in your loved one’s admission paperwork and advise whether it will affect your ability to pursue a lawsuit.
What is a bedsore and why is it a sign of nursing home neglect?
A bedsore, also called a pressure ulcer or decubitus ulcer, is a wound that develops when sustained pressure cuts off blood flow to the skin. Bedsores commonly form on bony areas like the heels, hips, tailbone, and shoulder blades. They are largely preventable with proper care, including regular repositioning, adequate nutrition, and keeping skin clean and dry. When bedsores develop in a nursing home, it often indicates that staff are not providing the basic care residents need.
Does Medicare cover nursing home abuse lawsuits?
Medicare does not cover legal fees or lawsuit costs. However, Medicare may be entitled to reimbursement from any settlement or verdict you receive if Medicare paid for medical treatment related to the abuse. This is called a Medicare lien. An experienced nursing home abuse attorney can help navigate Medicare reimbursement requirements and protect your recovery.
Can family members sue for emotional distress caused by nursing home abuse?
Georgia law generally limits emotional distress claims to the direct victim of the abuse. However, in wrongful death cases, family members can recover for their own grief and emotional suffering. In some circumstances, family members who witnessed the abuse or its aftermath may have separate claims. An attorney can evaluate whether your family may have grounds for an emotional distress claim.
What happens if the nursing home blames the injuries on my loved one’s pre-existing conditions?
Nursing homes often try to blame injuries on pre-existing conditions, claiming that bedsores, falls, or other problems were unavoidable given the resident’s health status. However, facilities have a duty to develop care plans that account for each resident’s specific needs and risk factors. An experienced attorney can work with medical experts to show that proper care would have prevented the injuries regardless of pre-existing conditions.
Our Lawrenceville Office
Butler Kahn – Lawrenceville Personal Injury Lawyers
245 W. Crogan Street
Lawrenceville, GA 30046
Phone: (678) 400-6166
Our Lawrenceville office is located near the historic Lawrenceville Square, just steps from the Gwinnett County Courthouse. We serve clients throughout Gwinnett County, including those with nursing home abuse cases involving facilities along State Route 316, State Route 20, Sugarloaf Parkway, Scenic Highway, and Lawrenceville Highway. Free parking is available, and we offer free consultations to discuss your case.
If you’re struggling to recover from the effects of nursing home abuse or neglect on a loved one in Lawrenceville, we understand that this is a difficult time for you. Our team of experienced Lawrenceville nursing home abuse lawyers at Butler Kahn are here to help you navigate this challenging situation. We offer free consultations to answer your questions and discuss your case, so don’t hesitate to contact us when you’re ready to discuss your situation.
Contact Butler Kahn by calling (678) 400-6166 or contacting us online for a free consultation.
