It’s extremely difficult to get an accurate estimate of how many elderly residents get abused in assisted living facilities throughout Georgia every day. The reason for this is that seniors often can’t or don’t advocate for themselves because they’re in such a vulnerable state, so assisted living facility abuse is hugely underreported.
A recent investigation by the Atlanta-Journal Constitution gave a small peek into what’s going on in Georgia. The investigation uncovered that there were at least 600 neglect allegations and 90 abuse claims between 2015 and 2019.
Assisted living regulations in Georgia are supposed to prevent these instances of abuse and neglect. While not every case can’t be prevented, these laws also provide recourse if a case of assisted living facility neglect or abuse has harmed you and your family. We’ll go over exactly what to do to recognize, report, and seek justice in these situations below.
Overview of Elder Abuse in Assisted Living Facilities
Assisted living regulations in Georgia set out specific rules that facilities must follow to adhere to the law. If a facility isn’t providing a reasonable standard of care towards residents, then they can be held liable for any damages that result from an injury or fatality. In general, facilities must provide a reasonable standard of care towards residents, ensure their safety, provide adequate living conditions, maintain adequate staffing at all times, and uphold a resident’s rights.
Common Signs of Abuse in Assisted Living Facilities
The first step to take is learning how to identify the common signs of abuse and neglect within assisted living facilities so that you can recognize when it’s happening. Below, we’ll go over a few of the most important signs and red flags to watch out for.
Physical: Bruises, Restraint Marks
Georgia regulations for assisted living facilities state that assisted living facility staff members have a legal duty to provide for the care and safety of elderly residents. While seniors are more prone to busing, they should never experience repeated unexplained bruising that’s inconsistent with what you’d expect. They also should never have markings that suggest they’ve been restrained.
Emotional: Sudden Depression, Fear of Caregivers
Another red flag to watch out for is when your loved one suddenly experiences uncharacteristic depression, fear, or anxiety. When they seem withdrawn and don’t want to speak about what’s happening, that’s a cause for concern.
Financial: Missing Belongings, Unexplained Charges
A huge sign of abuse is when your loved one’s finances suddenly change for no reason. For instance, if your loved one suddenly changed their will to include a staff member, then that’s a huge red flag. You should also monitor your loved one’s accounts to make sure there are no unexplained charges on their account. If you notice stolen belongings or other signs of theft, then that’s also worth investigating.
Neglect: Missed Meals, Untreated Medical Issues
While under the care of an assisted living facility, your loved one should have access to prompt and regular medical care. They should never experience a medical issue that goes unreasonably untreated. They also should get adequate water and food. If a medical condition is preventing your loved one from eating or drinking normally, then the facility should be taking steps to ensure they still get the nutrition they need. Not doing so would be considered neglect.
How to Report Elder Abuse in Atlanta Assisted Living Facilities
Have you recently become aware of a violation of assisted living regulations in Georgia? To report the incident, first contact Georgia Adult Protective Services to launch an investigation into what happened. Next, report the incident to the Georgia Department of Community Health. If you believe that the abuse was intentional or a law was violated, then it might also be a good idea to report the incident to law enforcement. While these investigations are underway, be sure to get your loved one to a safe place.
Legal Options for Victims
Once you’ve reported the incident, you should consider the extent of your losses. If the losses are substantial, then it’s possible to file a civil lawsuit for compensation. A lawsuit will help your family recoup the expenses you paid out as a result of the neglect or abuse including medical bills associated with the incident, damages for pain and suffering your loved one experienced, any additional care providing costs incurred due to leaving the assisted living facility, and possibly more depending on your circumstances.
In one recent case, Healdsburg Senior Living facility settled a lawsuit for $2.6 million when one resident’s family alleged that the facility’s focus on profits led to their loved one’s death after only 41 days of staying in the unit. During the investigation, it was revealed that facility was asking residents not to take showers, flush toilets, or use toilet paper to save money.
In another noteworthy case in Georgia, a family recovered $9.5 million from the Country Crossing Assisted Living Facility after their loved one passed away due to untreated bedsores that had become infected during her stay.
How Singleton Law Firm Holds Facilities Accountable
When you hire an assisted living abuse lawyer here at the Singleton Law Firm, you can rest assured knowing that you have a solid legal advocate who will aggressively fight on your behalf. We will hold the facility accountable by first thoroughly investigating what happened and collecting as much evidence as possible to back up your claims. Once we have a solid case, we’ll present it to the other party. We will be prepared to negotiate but won’t accept a settlement that’s lower than what you deserve. Our strategies are designed to maximize your potential compensation award and secure the best possible legal outcome in your situation.
FAQs
Do you have more questions about Georgia regulations for assisted living facilities, potential violations, or how to handle your specific situation? Your best source for answers would be to directly consult with a local attorney about your question. That way, the attorney can consider your unique circumstances when providing you with an accurate, personalized answer. That said, we will go over a few answers to some general questions below.
Can I sue if my loved one signed a waiver?
It depends on the specifics of your case, but in general, waivers do not cover intentional instances of harm or gross negligence by the assisted living facility or its staff. If your loved one signed a waiver, then get in touch with an attorney to learn more about your specific options.
How long do assisted living abuse cases take?
Assisted living abuse cases can take anywhere from a few months to several years to completely resolve depending on the complexity of your situation. While Georgia regulations for assisted living facilities are straightforward, it’s not always so easy to prove what happened or the extent of your losses.
What compensation can my family receive in an assisted living abuse case?
Compensation may include medical expenses, costs of transferring to a new facility, pain and suffering, emotional distress, and in cases of extreme negligence, punitive damages. Each case is unique, and our attorneys can help determine potential compensation based on your specific circumstances.
Is there a time limit for filing an assisted living abuse lawsuit in Georgia?
Yes. In Georgia, personal injury claims typically have a two-year statute of limitations from the date the abuse was discovered. However, certain exceptions may apply. It’s crucial to consult with an attorney as soon as possible to preserve your legal rights.
What evidence do I need to prove assisted living abuse?
Valuable evidence includes medical records, photographs of injuries, witness statements, facility records, care plans, staffing information, and documentation of any complaints made to the facility or regulatory agencies. Our firm can help gather this evidence through legal discovery processes.
How much does it cost to hire an attorney for an assisted living abuse case?
Singleton Law Firm handles assisted living abuse cases on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we secure compensation for you and your loved one. Your initial consultation is always free.
Can I report abuse anonymously?
Yes, Georgia’s Department of Community Health allows for anonymous reporting of suspected elder abuse in assisted living facilities. However, providing your contact information may help investigators follow up with additional questions that could strengthen the investigation.
What if the facility threatens to evict my loved one if we complain?
Retaliatory eviction is illegal in Georgia. Facilities cannot discharge residents for reporting suspected abuse or exercising their legal rights. If you experience such threats, document them immediately and contact our attorneys, as this may strengthen your case.
Free Consultation for Families Dealing with Assisted Living Abuse in Atlanta
Do you believe your loved one’s care providers violated assisted living regulations in Georgia? Did their actions lead to an accident or an injury? When your family is coping with a case of assisted living abuse or neglect, it’s usually best to hire an attorney to help you navigate the legal challenges of the situation. While you may be entitled to damages under the law, it will be a process to collect the right evidence, compile your claim, and negotiate with the other party.
The right legal advocate, like the attorneys here at Singleton Law Firm, will be a strong source of support. Our team is currently offering free consultations for families who are coping with assisted living abuse in Atlanta or a nearby area.
Schedule your free consultation call with our office now by leaving your contact details on our online form.
