Nursing homes are designed to provide the elderly and disabled with quality long-term care services, plain and simple. The truth is, however, some people, facilities, companies and institutions in the nursing home industry take advantage of the fact residents are generally helpless or greatly disadvantaged because they are physically and/or mentally unfit to defend themselves. In many instances, deficient nursing home services can constitute both a regulatory violation as well as a common law cause of action.
Contact The Dow Firm, P.C. today for a free consultation or call (912) 264-1919.
Nationally speaking, nursing homes that receive federal funds must comply with federal legislation which requires that facilities meet a certain standard of care. The Omnibus Budget Reconciliation Act of 1987 (OBRA 1987 – also known as the Nursing Home Reform Act) requires long term care facilities’ compliance with applicable federal regulations set forth in the United States Code of Federal Regulations (42 CFR Part 483). And pursuant to O.C.G.A. § 31-7-1 et. seq., the State of Georgia further regulates the operation of nursing homes by and through the Georgia Department of Community Health’s promulgated rules (generally found at 111-8-56-.01).
In contemplating the prospect of a nursing home abuse case, it is essential to understand that nursing home abuse can appear in different forms – physical, verbal and mental. Further, one must recognize that abuse can occur in either an active (intentional) or passive (neglectful) manner, or both. Whatever the cause (be it financial “cost-cutting” efforts by an institution, facility understaffing, negligent hiring, poor nursing staff work ethic or a personality conflict between a “caregiver” and a resident), the result is inexcusable and the consequences of abuse are serious for the elderly/disabled patient.
Common causes/signs of patient abuse include:
- an injury requiring emergency treatment or hospitalization (especially with broken bones)
- a death/injury occurring during or shortly after a resident has wandered away from a facility or has become unaccounted for on the premises for a period of time
- a death/injury immediately following the administration of a medication
- a resident’s frequent illness with such illness not being promptly reported to the resident’s family/physician
- the unexplained or unexpected death of the resident
- rapid or dramatic weight loss or gain without the resident’s family/physician being notified
- assault
- battery
- sexual assault
- sexual battery
- rape
- molestation
- unwelcome advances
- sexual harassment
- sexually explicit language
- contraction of an STD (Sexually Transmitted Disease)
- bleeding genitals or blood on the clothes
- physical restraints
- deprivation of water or food
- chemical restraint (using medication)
- over-medication
- withholding necessary medication
- the presence of unexplained injuries
- an ill-informed caretaker who is not familiar with the cause of a resident’s condition or injury
- wounds
- cuts
- bruises
- welts
- bedsores/pressure ulcers/decubitus ulcers
- reports of hitting, slapping, pushing, shaking, beating or other mistreatment
- a resident displaying fear or uneasiness when around particular people
- forced seclusion (requiring a resident to remain in a room)
- apparent disregard for daily living necessities (like toothpaste, soap, etc.)
- lack of medical care for existing problems
- occurrence of infections
- failure to prevent dehydration, malnutrition or bed sores
- failure to assist in personal hygiene or in the provision of food, clothing, shelter
- unsanitary and unclean conditions at the facility generally or in a resident’s room specifically
- failure to protect a resident from health and safety hazards
- residents’ poor access to medical services
- an emotionally upset/agitated resident
- a resident exhibiting depression and/or self-hate
- an extremely withdrawn or non-communicative resident
- unusual resident behavior (such as sucking, biting, rocking or imaginative fantasy)
- combative, insulting, frightening, threatening behavior towards residents, staff, friends or family
- frequent withdrawals from a resident’s bank account
- personal possessions (like jewelry) or money of a resident being lost, stolen, missing or misappropriated
- changes in a resident’s last will and testament.
Whatever the form or nature of a resident’s abuse or neglect, The Dow Firm, P.C. is ready to investigate and pursue viable claims against irresponsible nursing homes and their offending employees.
Contact The Dow Firm, P.C. today for a free consultation or call (912) 264-1919.
The Dow Firm, P.C. is proud to offer services and represent clients with elder care neglect claims in Glynn County (Brunswick, Country Club Estate, Dock Junction, Everitt, Jekyll Island, Sea Island, Sterling, St. Simons Island and Thalman), Brantley County (Atkinson, Hickox, Hoboken, Hortense, Lulaton, Nahunta, Trudie and Waynesville), Camden County (Colesburg, Dover Bluff, Harrietts Bluff, Kings Bay Base, Kingsland, St. Marys, Tarboro, Waverly, White Oak and Woodbine), Wayne County (Jesup, Odum and Screven), McIntosh County (Cox, Crescent, Darien, Eulonia, Pine Harbour, Ridgeville, Shellman Bluff, South Newport, Townsend and Valona), Pierce County (Blackshear, Bristol, Mershon, Offerman and Patterson), Chatham County (Bloomingdale, Garden City, Georgetown, Isle of Hope-Dutch Island, Montgomery, Port Wentworth, Pooler, Savannah, Skidaway Island, Thunderbolt, Tybee Island, Whitmarsh Island, Wilmington Island and Vernonburg) and counties throughout the state of Georgia.
The Dow Firm, P.C. is located in Brunswick, GA, however, our firm is able to manage nursing home neglect and all types of personal injury cases anywhere in Georgia.
Call us today at (912) 264-1919.