In Georgia, the resident, a court–appointed guardian or conservator, or someone holding power of attorney can file a nursing home abuse lawsuit. If the resident is incapacitated, immediate family members such as a spouse, adult child, or parent may be eligible to file.
In wrongful death cases, the estate‘s executor can also bring a claim. When considering a nursing home abuse lawsuit, it is a good idea to consult with an attorney who can advise you on the best course of action and help you through the process.
Our team has recovered millions for abuse victims and their families. Call today for a free consultation and learn how our Georgia nursing home abuse lawyers can help with your case.
What Can You Sue a Nursing Home for in Georgia?
In Georgia, you can file a nursing home abuse lawsuit for any negligence, abuse, or neglect that causes harm to a resident. If the facility does not meet an acceptable standard of care or breaches the resident’s rights under Georgia law or federal regulations, you may take legal action.
This includes but is not limited to:
- Physical abuse
- Emotional or psychological abuse
- Neglect
- Financial abuse
- Medical negligence
- Abandonment
- Wrongful death
If you aren’t sure if your concerns constitute actual abuse, talk to an attorney. Family members who can file a nursing home abuse lawsuit in Georgia may seek to recover compensation for pain and suffering, medical expenses, or funeral costs resulting from negligent care.
How Do You Sue a Nursing Home?
To sue a nursing home, start by consulting an elder law attorney experienced in nursing home abuse cases. Our firm offers free consultations where you can share your concerns. If we believe you have a valid case, we can begin working on it.
Our attorneys will investigate your claim, collect evidence such as medical records and witness statements, and file a formal complaint in civil court. The lawsuit must prove that the nursing home owed a duty of care, breached that duty, and caused harm.
Many nursing home abuse lawsuits are settled out of court. However, if a settlement isn’t reached during pre-trial negotiations, your case may go to trial. Remember that your civil case against the home is separate from any criminal charges staff members may face.
What Are the Signs of Nursing Home Abuse?
It is important to stay alert for signs of nursing home abuse, even if you trust the facility. Signs can be physical, emotional, or behavioral. Physical signs may include bruises, cuts, bedsores, or sudden weight loss.
Emotional signs might involve depression, withdrawal, fearfulness, or quick mood swings. Behavioral signs can include a resident becoming uncommunicative or fearful around certain staff.
Other warning signs include poor hygiene, unsanitary conditions, and unexplained financial transactions. Stay vigilant for any sudden or unexplained changes in a resident’s condition or behavior, as these could indicate abuse or neglect that needs immediate investigation.
Who Can File an Abuse Complaint Against a Georgia Nursing Home?
In Georgia, anyone who observes or suspects abuse or neglect can file a complaint against a nursing home. You can file a report online with the Healthcare Facility Regulation Division of the Georgia Department of Community Health.
Filing a complaint does not require proof, only reasonable suspicion, and can be done confidentially or anonymously. Your actions will trigger an investigation that could lead to disciplinary action for the facility and individual staff members.
Who Can Report Abuse in a Georgia Nursing Home?
Under Georgia law, certain professionals, such as doctors, nurses, and social workers, are mandated reporters and are legally required to report any suspected elder abuse or neglect. However, Georgia encourages anyone who suspects nursing home abuse to make a report.
If a resident is in immediate danger, call 911 or local law enforcement. Otherwise, you can report nursing home abuse in Georgia to the Healthcare Facility Regulation Division.
If the victim does not live in a long-term care facility, you can report elder abuse to Adult Protective Services.
What is the Statute of Limitations for Nursing Home Lawsuits?
In Georgia, the statute of limitations for filing a nursing home lawsuit is typically two years from the date the injury or neglect happened or was discovered. If the case involves wrongful death, the two-year limit usually starts on the date of death.
However, in some situations, such as when the victim is mentally incapacitated or when fraud is involved, exceptions may apply that can extend the deadline. Failing to file within the statute of limitations typically results in losing the right to sue.
Get Help with Your Nursing Home Abuse Lawsuit in Georgia
You can file a nursing home abuse lawsuit in Georgia if you are the victim of abuse or neglect, if you are an agent who holds power of attorney for a resident, if you are a court-appointed guardian or conservator, or if you are a close family member.
If the resident passes away due to alleged abuse, the executor of their estate can file a lawsuit. In all cases, it is important to get legal help from an attorney with experience in elder law and nursing home abuse cases.
Call Schenk Nursing Home Abuse Law today to schedule a free consultation and start the process of seeking justice for you or your loved one.
