Common Assisted Living Abuse and Neglect Cases

Assisted living facilities and nursing homes have an obligation to provide their residents with a safe environment and skilled, compassionate care with respect for their human dignity. Unfortunately, an estimated five million elderly Americans experience abuse each year.

The elderly and their family members search out the best possible nursing home within their budget, but sometimes the administrators fail to prevent circumstances of neglect and abuse within their assisted living facilities, resulting in serious harm, shortened life expectancy, and sometimes wrongful death.

What Types of Abuse Occur In Nursing Homes and Assisted Living Facilities?

The Georgia Department of Community Health’s Long-Term Care Division states its mission to regulate the state’s nursing homes as follows:

“Our mission is to help ensure the health and safety of our residents and to ensure the highest quality of life and quality of care for our residents in all of the licensed Long Term Care Facilities throughout Georgia.”

There are four categories of nursing home abuse:

• Physical abuse, or physical assaults against a resident, such as hitting, kicking, shoving, pinching, or unnecessary physical restraint
• Neglect, or failure to provide a resident with adequate daily care, nutrition, hydration, hygiene, and medical care
• Emotional abuse or yelling, berating, mocking, threatening, or intimidating 
• Sexual abuse, or unwanted touching or sexual penetration
• Financial abuse, or exploiting an elder by accessing their financial accounts, possessions, or home

In some cases, negligent building maintenance or unsafe living conditions cause injury to elders in nursing homes. According to the Georgia Department of Community Health, there were 120 citations against nursing homes in the Savannah area alone.

Recognizing Signs of Nursing Home Abuse In Georgia

The elderly are particularly vulnerable to abuse because they are often unable to report their mistreatment due to cognitive decline or stroke-related speech aphasia. In other cases, an elder may not report abuse due to feelings of shame or an unwillingness to burden loved ones. Instead, it’s crucial for family members to remain alert to signs of abuse, such as the following:

• Unexplained injuries
• Torn or bloody clothing or bedding
• Broken or missing personal items, like glasses, dentures, and hearing aids
• Sudden weight loss
• Dry, cracked, or chapped skin and lips
• Poor hygiene or unkempt appearance
• Dirty, cluttered, or poorly maintained premises
• Unconsumed meals and beverages remaining in the resident’s room
• Untreated bedsores and infections
• Medication mistakes or missing medications
• Unexplained financial transactions

Assisted living and nursing home abuse cases require compelling evidence of the nursing home’s liability and the injury victim’s damages.

What Types of Claims are Brought Against Nursing Homes?

Most cases brought against nursing homes and assisted living centers serve to recover damages to the elder or their family. Common abuse and neglect cases fall into three categories:

• Personal injury claims to recover damages after a resident suffered harm caused by abuse or neglect
• Premises liability claims to recover damages after an injury caused by an unsafe condition in the nursing home facility
• Wrongful death claims to recover compensation for the grieving family of a nursing home resident who died from neglect or abuse

Damages often include medical expenses, out-of-pocket costs, a family member’s lost earnings, and compensation for pain and suffering, diminished quality of life, or wrongful death.