Senior citizens are one of the most vulnerable populations in today’s society, especially if they become unable to fully care for themselves. If you make the hard decision to place your elderly loved one in a nursing home or assisted care facility, you and your family should be able to expect that they will be kept safe, healthy, and happy. If that does not happen and an elder suffers neglect or abuse in a nursing home, they or their families have the right to hire a Marietta nursing home abuse lawyer and file a lawsuit seeking compensation for any injuries they incurred.
These cases can be extremely complex. A well-practiced personal injury attorney could help file a lawsuit against a nursing facility for mistreating your family member. Call and schedule an appointment to discuss your potential legal solutions.
Rights for Residents of Long-Term Care Facilities
Among other functions, the Medicare and Medicaid programs were both created in 1965 with the intent to provide the elderly with higher-quality care by regulating the nursing home industry. In many areas of the United States, the only option people who suspect abuse of an elderly loved one has reported their suspicions to the federal Centers for Medicare & Medicaid Services.
Fortunately, those in Marietta nursing homes have added protection from the Georgia Bill of Rights for Long-Term Care Facilities. Thanks to this legislation, nursing home residents in this state have several guaranteed rights, including but not limited to the rights to:
- Determine when they get up and when they go to bed;
- Enter and leave the facility in which they reside as they wish;
- Participate in the development of their care plan;
- Engage in social activities;
- Be free of physical and chemical restraints unless ordered by a physician;
- Partake in their own medical care, including the right to refuse medications;
- Be free from discrimination of any kind.
If any of these rights and freedoms are violated, the Bill of Rights gives nursing home residents and family members the right to file suit without forcing them to exhaust other channels first. They may also benefit from speaking to a Marietta nursing home abuse lawyer for specialized help collecting evidence of any rights violations they experienced.
Statute of Limitations in Nursing Home Abuse Cases
A statute of limitations is a time limit that applies to the abilities of potential civil plaintiffs to file a lawsuit. In nursing home abuse cases, most claims for damages must be filed within two years of the date the abuse was discovered or reasonably should have been discovered.
If an elderly person passes away due to maltreatment in a nursing home, surviving family members may be able to claim damages for loss of consortium, or loss of the benefits of a family relationship. The statute of limitations on these damages in Marietta is four years, but anyone who wishes to file suit on these grounds should still talk to a nursing home abuse attorney in Marietta as soon as possible, as four years can pass quickly when trying to find evidence and build a civil case.
How a Marietta Nursing Home Abuse Attorney Could Help
In the wake of an act of nursing home abuse, an experienced attorney could help gather testimony from others who may have witnessed the abuse and speak to other residents in the nursing home to establish the home’s standards of care. They should also know all aspects of the law that surround nursing home abuse, which they could use to help build a strong case and proactively pursue a positive outcome.
If you or a loved one suffered nursing home abuse, call a Marietta nursing home abuse lawyer today. You may be eligible to receive compensation for your injuries and losses, and we may be able to help you get it.