Make certain that the nursing facility has been approved by both Federal and Georgia State agencies regarding compliance issues, and that they have only minor, or no sanctions in recent years. Compare nursing homes in your state. Review corrective measures to see if they were administrative problems or if they were resident-related negligence, or abuse issues. Be aware of the rights of your loved ones, and do not hesitate to inquire about the daily activities and care given to your loved one. Make certain to bring any concerns to the attention of the caregivers and administration. If you notice any negative consequence to your loved one, make a formal complaint and possibly find another facility where you believe they will be treated better.
Federal laws protect nursing home residents through sanctions, reviews and random inspections, in order to make sure Federal funding is not being abused, but it is up to the state agencies to interact regularly and sure facilities comply with all regulations. The State has the responsibility for certifying a skilled nursing but the State’s certification for a skilled nursing facility is subject to Centers for Medicare and Medicaid Services (CMS) approval. “Certification of compliance” means that a facility’s compliance with Federal participation requirements is ascertained. In addition to certifying a facility’s compliance or noncompliance, the State recommends appropriate enforcement actions to the State Medicaid agency for Medicaid and to the regional office for Medicare.
Federal nursing home laws protect the residents of nursing homes to make certain they attain mental, physical and psychosocial well-being while living in a care facility, and address operational and staffing requirements to make certain residents have support they need while receiving adequate care. The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 created uniform guidelines for long-term care facilities receiving federal Medicaid and Medicare funding that grant all nursing home residents the rights to maintain and receive adequate nutrition, personal hygiene, mental and emotional support, and social involvement. Those who are incapable of daily living activities such as grooming and using the restroom are entitled to personalized care from nursing home staff.
Nursing Home Abuse.
Nursing home abuse covers acts that inflict injury, unreasonable confinement, intimidation or punishment with the result of physical harm or pain or mental anguish, or deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental and psychosocial well-being as well as acts of negligence that cause or exacerbate existing health conditions.
Nursing homes may be liable for negligence in care, negligence in hiring/firing staff, and/or negligence in training staff on policies/procedures such as reporting accidents and injuries. Residents or families can sue for monetary compensation for an injury resulting from abuse, neglect, or accidents such as a fall from a bed accident and receive punitive damages for intentional misconduct or gross negligence.
Report Nursing Home or Elder Abuse in Canton Georgia.
In the event that the abuse is putting your loved one in imminent danger or is sexual in nature, call the police immediately. In addition to reporting the abuse to the abuser’s immediate supervisor, you may also report the abuse to:
Adult Protective Services: https://aging.georgia.gov/adult-protective-services-aps
Georgia DHS Division of Aging Services, Two Peachtree Street, NW, 33rd Floor, Atlanta, Georgia 30303-3142.
Call an Attorney.
If you have personally experienced nursing home abuse, or are a family member of someone who has, contact a knowledgeable Attorney at Imbriale Injury Law, who will hold the nursing home responsible for the damages that come from abuse or neglect.
Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 445-7423
Fax Number: 678 445 7431