Georgia Nursing Home Abuse Lawyers

Nursing home Georgia elderly manGeorgia nursing homes have been discovered to have deficiencies in quality of care and having an accident-prone environment. A UCSF research study investigating deficiencies in nursing homes throughout the United States discovered that 41 percent of all Georgia nursing homes have deficiencies in their quality of care. In addition, 36 percent of all Georgia nursing homes have been discovered to have an accident-prone environment. The deficiencies in Georgia nursing homes are even more tragic, as 24 percent of residents experience pressure sores and 40 percent of nursing homes have inadequate housekeeping services. These statistics indicate that nursing home neglect is a significant problem in Georgia and must be addressed by nursing home lawyers.

If you have a loved one who has experienced injuries in a Georgia nursing home care, then you should speak with a Georgia nursing home lawyer today. A Georgia nursing home abuse law firm can help you determine a legal strategy for filing your neglect claim.

Georgia Nursing Home Laws

In Georgia, family members only have up to 2 years to file a claim after discovering the injuries of a loved one in a nursing home. There is a damages cap of $350,000 for non-economic damages in nursing home negligence cases. In addition, punitive damages are capped at $250,000. Family members also only have two years to file a wrongful death claim after a loved one has passed away due to neglect in a nursing home. Wrongful death claims are capped at $350,000 for non-economic damages, and punitive damages are capped at $250,000 in Georgia.

Nursing home residents in Georgia receive their legal protections under the Disabled Adults and Elder Persons Protection Act. Georgia law defines abuse as the willful infliction of physical pain or injury, mental anguish, unreasonable confinement or deprivation of care for nursing home residents. Exploitation refers to the illegal or improper use of a nursing home resident for another person’s profit or economic advantage.

When it is discovered that a resident is the victim of abuse, there is an obligation for a person to report the abuse to authorities. Physicians, nurses and other caregivers who treat a nursing home resident must report any signs of abuse that they notice. The victim may then quality for emergency services from an adult protection agency in Georgia.

Obvious and Subtle Signs of Nursing Home Abuse

Family members should pay attention to the signs of abuse that can appear on a nursing home resident. It is important to recognize these signs and take immediate action to report them. In addition, a Georgia nursing home abuse lawyer can help in the process of investigating potential claims of abuse and neglect. Here are some of the common signs that a loved one is being abused in a nursing home:

  • Emotionally withdrawn from others
  • Displays constant anxiety and fear of voicing concerns
  • Depression
  • Physical injuries
  • Bruising and cuts
  • Broken or fractured limbs
  • Fatigue
  • Bed sores
  • Weight loss
  • Sedated behavior
  • Bruises in genital area

In addition, family members should pay special attention if a loved one does vocally complain about abuse. It is always a serious matter when a loved one has vocally stated that he or she may be the victim of abuse.

Reporting Claims of Abuse to Georgia Authorities

It is vital that family members report nursing home abuse to the Adult Protective Services agency in Georgia. This agency handles complaints of physical, emotional, sexual and mental abuse. In addition, this agency handles complaints of financial exploitation.

Blue-CTA

File Your Claim with Georgia Nursing Home Abuse Lawyers Now

Georgia nursing home abuse lawyers are ready to handle any claims of nursing home neglect and abuse. Family members will be taking assertive action in protecting their loved ones when they get in touch with Georgia nursing home abuse lawyers. Our attorneys are here to help families and residents throughout the State of Georgia in such areas as:

Speak with a lawyer from a Georgia nursing home abuse law firm today to receive the immediate help that you need.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 2 years with Discovery Rule. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 2 (Specific Periods of Limitation), § 9-3-33 – Injuries to the person; injuries to reputation; loss of consortium; exception)
  • Medical malpractice – 2 years from date of death or injury, but no more than five years after the date on which the negligent act or wrongful act or omission occurred.  In cases involving a foreign object left in a patient’s body, the action must be brought within one year after the negligent or wrongful act or omission is discovered.  Minors have 2 years from age five if action arose before fifth birthday. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 4 (Limitations for Malpractice Actions), § 9-3-71 – General Limitation)

DAMAGES CAP

  • $350,000 cap on non-economic damages awarded against all health care providers and a separate $350,000 cap on non-economic damages awarded against a single medical facility that can increase to $700,000 if more than one facility is involved. No more than $1.05 million can be awarded in a medical liability cause of action. (Ga. Code Title 51 (Torts), Chapter 13 (Recovery in Medical Malpractice Actions), §51-13-1 – Definitions; maximum liability; allowance for periodic payments)
  • Punitive damages – capped at $250,000 unless there is specific intent to cause harm.  (Ga. Code Title 51 (Torts), Chapter 12 (Damages), Article 1 (General Provisions), §51-12-5.1 – Punitive damages)

Wrongful Death

STATUTE OF LIMITATIONS

DAMAGES CAP

  • $350,000 cap on non-economic damages awarded against all health care providers and a separate $350,000 cap on non-economic damages awarded against a single medical facility that can increase to $700,000 if more than one facility is involved. No more than $1.05 million can be awarded in a medical liability cause of action. (Ga. Code Title 51 (Torts), Chapter 13 (Recovery in Medical Malpractice Actions), §51-13-1 – Definitions; maximum liability; allowance for periodic payments)
  • Punitive damages – capped at $250,000 unless there is specific intent to cause harm. (Ga. Code Title 51 (Torts), Chapter 12 (Damages), Article 1 (General Provisions), §51-12-5.1 – Punitive damages)

Nursing Home Care State Law

  • Disabled Adults and Elder Persons Protection Act – (Ga. Code Ann. §§30-5-1-10)

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric