When you make the difficult decision to place a loved one in a nursing home, you expect them to receive the care and attention they need. Your loved one being the victim of physical abuse is the last thing you anticipate after trusting a nursing facility to look after them. Unfortunately, physical abuse sometimes occurs in these settings, and it’s critical that you understand the steps to take if you suspect your loved one is a victim.
If your loved one has suffered abuse while residing in a nursing home in Georgia, get legal help today. Call Joshua E. Palmer Law Firm for a free consultation about how to pursue compensation and justice for your family member.
What Counts as Nursing Home Physical Abuse?
Physical abuse can take many forms in a nursing home environment, but the one thing they all have in common is that they involve caretakers intentionally using force that results in physical pain or injury to the resident. Some of the most common examples of nursing home physical abuse include:
- Hitting, slapping, punching, kicking, or shoving nursing home residents
- Improperly or unnecessarily restraining or confining residents in a way that causes physical harm
- Causing burns due to hot liquids, including scalding bath water or other hot objects
- Forcing-feeding residents or making them drink against their will can lead to choking
- Mishandling residents and being excessively rough while transferring them to and from a bed or wheelchair or while helping them get dressed
In addition to physical abuse, nursing home residents can also suffer from emotional abuse, sexual abuse, and neglect at the hands of their caretakers. If physical abuse is occurring, it may indicate that other types of abuse and neglect are also present at the facility.
Signs and Symptoms of Physical Abuse
Family members should be on the lookout for the signs and symptoms of physical abuse when visiting their loved ones in nursing home facilities. Signs that your loved one could be the victim of physical abuse are:
- Unexplained Injuries – If your loved one has bruises, cuts, broken bones, or other injuries that the workers at the nursing home can’t explain, it could indicate that the injuries were caused by abuse that is being covered up. Your loved one may be afraid to tell you how they received the injuries because they’re worried about the repercussions.
- Restraint Marks – Restraints can leave red marks or bruises on the skin that may be visible days or weeks later. Physically restraining nursing home residents is not only abusive but can lead to further injury if the residents try to get out of the restraints.
- Frequent Falls – If the nursing home workers report that your loved one suffers frequent falls, it could indicate that they are being treated roughly or are the victim of intentional harm.
- Fear of Staff – Pay attention to how your loved one reacts around staff members. If they seem particularly anxious or afraid when in the presence of certain caretakers, it may be an indication that the worker is engaging in abusive behavior.
- Behavioral Changes – Depression, withdrawal from friends and activities they once enjoyed, and other behavioral changes may be symptoms of trauma from physical abuse.
- Delayed Medical Treatment – If the nursing home fails to report an injury to you or fails to provide your loved one with timely medical treatment, it may be an attempt to hide physical abuse. Denying a resident medical treatment for injuries can have fatal consequences.
Legal Protections for Nursing Home Residents in Georgia
Several state and federal laws are in place to protect nursing home residents. Federal laws include the Nursing Home Reform Act, which establishes a standard of care that nursing homes must meet, and the Elder Justice Act, which provides additional protections against abuse and requires nursing home facilities to report suspected incidents.
Georgia also has the Bill of Rights for Residents of Long-Term Care Facilities, codified in Georgia Code Sections 31-8-100 to 31-8-127. These laws guarantee residents the right to be free from abuse, including the use or threat of physical restraints, isolation, and restrictions on mobility.
The Disabled Adults and Elder Persons Protection Act, covered by Georgia Code Sections 30-5-1 to 30-5-11, provides a mechanism for individuals to report elder abuse cases and directs the Adult Protective Services to investigate such reports.
Steps to Take If You Suspect Nursing Home Physical Abuse
After spotting the signs of physical abuse in a nursing home, there are several key steps you should take to protect your loved one and other residents from further harm. These steps include:
- Contacting the police if a resident is at immediate risk of harm or there are clear signs of ongoing abuse so they can intervene and make sure the residents are safe
- Gathering supporting evidence, including photographs of your loved one’s physical injuries and statements from other residents or staff members who have witnessed abuse
- Reporting the abuse to Adult Protective Services so it can investigate the incident and the facility at large
- Seeking medical attention for your loved one if the facility is not providing it or you don’t trust the medical attention it is providing
- Contacting a nursing home abuse lawyer to investigate the incident further and advise you on the next steps to take to hold the abuser liable for the harm they caused
By taking these steps, you can help identify and stop the suspected physical abuse and may save the life of your loved one or another resident in the process.
Contact an Experienced Georgia Nursing Home Abuse Lawyer
If you suspect your loved one is the victim of physical abuse in a Georgia nursing home, contact Joshua E. Palmer Law Firm for a free consultation with an experienced nursing home abuse lawyer. During your initial consultation, we’ll review the evidence and help you report the incident to the facility and police, if necessary. Our lawyer is committed to providing nursing home residents and their families with compassionate and comprehensive legal support and will help you get to the bottom of the incident.
