Can Elderly Victims of Heat Stress Related Injuries Seek Justice, Compensation? Georgia Eldercare Facility Negligence

ElderlyWaterTherapy-300x200As the summer season ushers in warmer temperatures, it is crucial for assisted living community and adult day center staff to review heat stress prevention plans. Additionally, family members should check with administration to be sure their loved ones will have constant access to air conditioning, shade, water, and appropriate clothing, particularly elderly residents with limited mobility.

The CDC warns, “People aged 65 years or older are more prone to heat-related health problems.” They urge older adults and their caregivers to stay safe in the heat with these tips:

Why are older adults more prone to heat stress?

  • Older adults do not adjust as well as young people to sudden changes in temperature.
  • They are more likely to have a chronic medical condition that changes normal body responses to heat.
  • They are more likely to take prescription medicines that affect the body’s ability to control its temperature or sweat.

Stay Cool, Stay Hydrated

  • Stay in air-conditioned buildings as much as possible.
  • Do not rely on a fan as your main cooling source when it’s really hot outside.
  • Drink more water than usual and don’t wait until you’re thirsty to drink.
    • If your doctor limits the amount of fluids you drink or has you on water pills, ask them how much you should drink during hot weather.
  • Don’t use the stove or oven to cook—it will make you and your house hotter.
  • Wear loose, lightweight, light-colored clothing.
  • Take cool showers or baths to cool down.
  • Do not engage in very strenuous activities and get plenty of rest.
  • Check on a friend or neighbor and have someone do the same for you.

Caregiver Checklist

  • Are they drinking enough water?
  • Do they have access to air conditioning?
  • Do they know how to keep cool?
  • Do they show any signs of heat stress?

Additionally, The Georgia Department of Community Health requires adult day centers to:

Regulate Temperatures: “Each center shall provide an adequate central heating and cooling system or its equivalent at ranges that are consistent with the individual health needs and comfort of participants.”

Provide Safe Outdoor Spaces: “Adult day centers that provide outdoor activities shall have a safe, secure, and suitable outdoor recreation or relaxation area that includes a shaded area for participants that is designed to meet the needs of participants.”

Victims of Assisted Living and Adult Daycare Safety Negligence: What Are My Legal Options for Justice and Compensation?

As each case and property is unique, victims of eldercare facility negligence and their families should speak with an experienced premises liability firm as soon as possible to ensure all evidence, such as surveillance footage or broken airconditioning, is preserved and their best interests are protected.

We Fight for Victims of Nursing Home Safety Negligence in Georgia. Contact us Now for a Free Consultation.

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The Murray Law Firm has recovered millions of dollars for victims of unsafe properties in Georgia, and recently obtained a $29.25 million dollar verdict for one of our Clients in Fulton County State Court.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
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Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

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