Warning signs and cases Brian handles
- Repeated or unexplained falls, fractures, and head injuries
- Pressure injuries (bedsores) that develop or worsen
- Dehydration, malnutrition, and sudden weight loss
- Medication errors and missed doses
- Untreated infections and sepsis
- Wandering and elopement, choking, and failures to supervise
- Abuse, neglect, and chronic understaffing
Residents have rights under Georgia law
Georgia's Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100 et seq.) recognizes that residents are often isolated and unable to fully assert their own rights, and it protects their dignity, privacy, and right to adequate care. Federal regulations also set standards for facilities that participate in Medicare and Medicaid.
Deadlines and requirements
Claims arising from care by a nursing home or its staff can fall within Georgia's definition of medical malpractice (O.C.G.A. § 9-3-70). When they do, the medical malpractice deadlines apply: generally two years from the injury or death, and no more than five years from the negligent act or omission, with limited exceptions (O.C.G.A. § 9-3-71). Many of these claims also require an expert affidavit filed with the complaint (O.C.G.A. § 9-11-9.1).
Admission paperwork often includes an arbitration agreement. Whether one applies, and whether it can be enforced, depends on the document and the circumstances. Bring whatever paperwork you have.
What families can do now
- Photograph injuries, bedsores, and the resident's room, with dates.
- Write down names, dates, and what staff told you.
- Request the resident's chart and care plan.
- Keep the admission agreement and any incident reports or letters from the facility.
- If the resident is in danger, move them or get medical care first. You can also report concerns to state regulators and the long-term care ombudsman program.
Common questions
My parent has dementia. Can they still have a claim?
Yes. Residents who cannot describe what happened are often the most vulnerable to neglect. Records, staffing data, and witness accounts can tell the story.
What if my loved one died?
Georgia law allows certain family members and the estate to bring claims after a death caused by negligence. See Wrongful Death.
This page provides general information about Georgia law and is not legal advice. Deadlines and requirements depend on the facts of each case. Past results do not guarantee a similar outcome.