Nursing homes have always been considered a haven for the weak, the ill, and the old. But these days, the cases of nursing home neglect and abuse are increasing drastically. Nursing homes are no longer safe, and if you know someone who has been a victim of neglect at a nursing home in Athens Georgia, you should consider initiating a lawsuit against the institution under the Nursing Home Neglect Athens GA law.
The rights of nursing home residents in Georgia
Every patient care facility in Georgia, whether State-owned or private, has certain legal obligations towards its residents. Patients and residents in Georgian nursing homes have certain rights. These rights include:
- Right to Privacy – To have their sensitive personal and medical information protected from third parties.
- Right to Non-discrimination – On the grounds of gender and sexual orientation, race, religion, age, occupation, income, and medical condition.
- Right to Freedom of Choice –Choose how they lead their lives at the nursing home so long as they do not infringe upon anyone else’s rights.
- Right to Freedom from Restraints –Always be free from physical and chemical restraints.
- Right to Healthy Food – Access to American Dietetic Association (ADA)-standardized food during their stay at the nursing home.
If you believe the nursing home you’ve admitted your loved one has been infringing on these resident rights, you can seek redressal under the Nursing Home Neglect Athens GA.
Signs that your loved one is a victim of neglect and abuse
- Provision of substandard medical care
- Provision of wrong medical care – under or over-medication
- Bruises, scratches, pinch marks, swellings, and fractures that weren’t there before
- Signs of physical restraints (on the wrists, neck, arms, ankles, and stomach)
- Continuous deprivation of food and water
- Chemical-induced injury or illness (usage of chemicals not prescribed for treatment)
- Signs of sexual abuse or rape
- Emotional abuse – Taunts and threats
- Abuse of the resident’s Power of Attorney, to gain access to his/her finances
- Instances of self-neglect in a person without a history of the same
If you notice your loved one behaving differently than before or wishing to remain isolated or acting out violently towards even the closest friend/family, it could be a sign of nursing home neglect.
Filing a case under the Nursing Home Neglect Athens GA law
First off, the Nursing Home Neglect Athens GA law covers all types of neglect and abuse in medical facilities, nursing homes, assisted living facilities, and personal care homes.
Under this lawsuit, the claimant has the right to claim damages and seek further action against the institution in question. The claimant here can either be the patient himself/herself or in the event the patient is unable to file the complaint, his/her friend/relative.
Complaints are accepted in both oral and written formats. Once the complaint is placed under the Nursing Home Neglect Athens GA law, the nursing home is granted three days time to respond to the lawsuit. If the case isn’t solved in three days, the claimant can file a lawsuit with the Georgia state ombudsman. In some cases, an out-of-court settlement may be reached, and in others, a hearing may be set and the verdict given. The nursing home will have 72 hours to meet the court’s verdict.
