Georgia Nursing Home Abuse Lawyer | Free Consultation
A Georgia nursing home abuse claim seeks money for harm a resident suffered from abuse or neglect. Georgia law requires each resident to receive care that is adequate, appropriate, and given with reasonable care and skill. When that care fails, the facility may be held responsible.
If you are looking into a nursing home abuse claim, here is what you need to know first. T. Madden & Associates, P.C. has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Its phone line is available 24/7.
What a Georgia Nursing Home Abuse Claim Covers
Nursing home abuse is harm to a resident caused by staff, the facility or others. It can be physical abuse, or neglect of basic care such as food, water, hygiene and medication. Common injuries include:
- Bedsores (pressure ulcers) that form or get worse
- Falls and broken bones
- Dehydration and malnutrition
- Medication errors
- Infections
- Medical conditions that go untreated
Georgia gives a harmed resident a claim for money damages. Under O.C.G.A. § 31-8-126, a person aggrieved because a long-term care facility violated a resident right can sue the facility for damages.
When a resident dies, the family may have a different claim. Under O.C.G.A. § 51-4-2, a surviving spouse, or a child if there is no surviving spouse, may recover the full value of the decedent’s life, as shown by the evidence.
This page is for adult children, spouses and other relatives of Georgia nursing home residents who suspect harm or have lost a loved one.
Warning Signs Families Should Document
Write down every injury, change or missed task you notice, with dates and times. Early notes help show what happened and when.
- Physical signs: unexplained bruises, cuts, fractures, pressure sores, weight loss or dehydration.
- Care signs: soiled bedding or clothing, missed medications, call lights left unanswered, poor hygiene or repeated falls.
- Behavior signs: withdrawal, fear of certain staff, sudden mood changes, or a resident who cannot explain an injury.
Take photos of injuries and conditions. Keep discharge papers, visit notes, and any texts or emails with staff.
Residents have a right to their records. Under O.C.G.A. § 31-8-108, a resident or guardian may inspect and receive a copy of medical records unless medically contraindicated. The facility may charge a reasonable fee that does not exceed actual cost.
The same statute says a significant change in a resident’s health status must be reported to persons the resident chooses within a reasonable time. Note whether your family was told about changes like this.
If a resident is in danger or needs emergency care, call 911 first.
Who May Be Responsible for Nursing Home Harm
Responsibility can reach the facility, its operators and individual workers, depending on the facts.
Georgia law can hold a person liable for wrongs a servant commits within the scope of that person’s business. See O.C.G.A. § 51-2-2. This matters when a worker’s conduct harms a resident on the job.
Claims often look at questions like these:
- Did the facility have enough staff to meet residents’ needs?
- Was staff supervision adequate?
- Was the resident’s care plan followed?
- Were falls and pressure sores prevented where reasonable?
The Centers for Medicare & Medicaid Services describes federal requirements and the survey and enforcement process for nursing homes.
Fault can also reduce recovery. Under O.C.G.A. § 51-12-33, damages are cut in proportion to the injured person’s fault. A person found 50 percent or more responsible cannot recover damages.
What to Expect: Step-by-Step Process
A nursing home claim usually moves through five steps: first contact, a consultation, a records review, evaluation and filing, and resolution.
- First contact. You call the firm or send a message. The firm reviews the basic facts of the resident’s care and injuries.
- Confidential consultation. You meet to discuss what happened, what records exist and what questions you have.
- Records review. Facility and medical records show what care was given and when. Medical review of the care may be needed.
- Evaluation and filing. The firm reviews the evidence with you. If a claim moves forward, the firm prepares and files it.
- Resolution. A case may settle through negotiation or go on to court. The timeline varies from case to case, so the firm explains each stage as it happens.
Deadlines, Fees, and Costs
Georgia generally allows two years to bring an injury claim, so timing matters. Under O.C.G.A. § 9-3-33, actions for injuries to the person must be brought within two years after the right of action accrues. The statute includes exceptions, and other time limits can apply. Waiting can narrow your options.
T. Madden & Associates, P.C. handles nursing home abuse cases on a no-fee-unless-we-win basis. The client may still be responsible for court costs and case expenses. The first consultation is free, confidential and carries no obligation to continue.
Why Families Contact T. Madden & Associates, P.C.
T. Madden & Associates, P.C. is a Georgia personal injury firm in practice since 1999. It represents people hurt in nursing home abuse, wrongful death, medical malpractice, catastrophic injury and other personal injury matters.
- Responsible lawyer: Terance Madden.
- Lawyers: Terance Madden and Shenia Madden. Our team includes assistants and office staff who help families through each step.
- Offices: Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.
Families with questions can call the firm. Each rule on this page links to its source, so you can read the law alongside your questions.
Questions Families Ask About Nursing Home Abuse Claims
Families often start with a consultation even when they are unsure what happened. Here are short answers to common questions.
Can I contact a lawyer while my parent still lives in the facility?
Yes. You can reach out while your loved one still lives in the facility, and the consultation can cover your concerns.
What if I’m not sure it was abuse or only poor care?
Bring your notes and records to the consultation. The firm can review the facts with you and explain what they show.
Will the case go to court?
Some cases settle without a trial. Others go to court, and the firm explains each stage as the case moves forward.
How long do I have to file in Georgia?
Under O.C.G.A. § 9-3-33, except as otherwise provided in this article, actions for injuries to the person must be brought within two years after the right of action accrues; injuries to reputation must be brought within one year, and actions for injuries to the person involving loss of consortium within four years.
How can a family contact the firm?
Yes. Families can call the firm, which lists offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. The phone line is available 24/7.
If your parent or loved one was hurt in a Georgia nursing home, and you’re deciding whether to act now, start your free case evaluation or schedule a free consultation. The phone line is available 24/7.
Disclaimer: This page gives general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Contact information is on the firm contact page.