Legal Rights and Remedies for Victims of Nursing Home Abuse and Neglect 

As a society, we believe that seniors in nursing homes will receive the best possible care. Unfortunately, this is not always the case, and nursing home abuse occurs all too frequently. Elder abuse and neglect victims in nursing homes must understand their legal rights to take action. If your elderly loved one has been a victim of nursing home abuse or neglect, consult an attorney specializing in Georgia nursing home abuse cases immediately and get them the help they deserve. 

What to do if you suspect abuse is taking place

It may be upsetting when neglect or abuse is suspected at a care home. First and foremost, it is critical to believe the victim and assist. Encourage them to seek medical assistance and notify authorities of the incident. Remember, it is never their fault; they are entitled to safety and protection.

It is critical to file a complaint against a facility owner or an abusive caregiver in order to safeguard vulnerable individuals and hold those guilty accountable. While it may be difficult and emotional, speaking up may bring change and avoid future suffering. If you suspect abuse or neglect, take action right away.

Who is liable for nursing home abuse? 

The following parties may be held liable:

  • The facility 

This is frequently a possibility when the abuse is the consequence of widespread carelessness inside the facility. This might include cases where the harm was caused by insufficient personnel, inadequate training, or a failure to do background checks on employees. Even if the damage is the product of a single episode of mistreatment, the nursing facility may be held accountable. This would certainly entail using the legal doctrine of vicarious responsibility, which holds an employer accountable for an employee’s misbehavior.

  • A nursing care professional 

Another alternative is to hold the individual or individuals who caused the abuse responsible for the harm.

Federal laws to protect the elderly and residents of nursing homes

Congress has enacted several laws to safeguard the elderly. Federal statutes, among other things, strive to protect the rights of the elderly in nursing facilities. The following are some of the most important federal statutes.

Title XX of the Social Security Act

Title XX of the Social Security Act allocates federal funds to states for community-based care for the elderly and disabled. Title XX finances various activities and services, including initiatives to prevent nursing home abuse and neglect.

The Elder Justice Act 

The Elder Justice Act is a comprehensive federal law passed in 2010 to address elder abuse, neglect, and exploitation, particularly in long-term care institutions. The Act established the Elder Justice Coordinating Council to coordinate elder justice initiatives throughout the federal government and support public health, social services, and criminal justice programs and activities.

For more information, seek legal professional help from an experienced attorney immediately.