Nursing Home Abuse FAQs

Yes — in your favor. Facilities that participate in Medicare or Medicaid must comply with federal OBRA regulations. Deficiency citations from CMS inspections, five-star ratings data, and federal survey reports are all publicly available and can serve as powerful evidence of a pattern of substandard care in your lawsuit.

Yes. Nursing home abuse claims survive the resident’s death. The estate may pursue a survival claim for the resident’s pre-death pain and suffering, and the family may bring a separate wrongful death action for damages arising from the loss of life. Both claims can be pursued simultaneously in Georgia.

Negligence per se means a party’s conduct is automatically deemed negligent because it violated a statute or regulation. In nursing home cases, a facility that violates Georgia’s Bill of Rights for Long-Term Care Residents or DCH regulations has its standard of care automatically established — the question then becomes causation and damages, not whether a duty was breached.

Under O.C.G.A. § 9-3-33, Georgia’s general personal injury statute of limitations is two years from the date of injury or discovery. Wrongful death claims arising from nursing home negligence generally must be filed within two years of the resident’s death. Certain circumstances — such as legal incompetence — can toll or extend this deadline, but you should never assume you have more time than the basic two-year period. Contact +18444284529 immediately.

Suspect nursing home abuse in Georgia? Call the Eldercare Locator, contact the elder’s doctor, or call 911 for emergencies. Learn your legal options with a free consult.

Nurses, physicians & aides are legally responsible for resident care in Georgia nursing homes. When neglect occurs, victims have the right to pursue compensation.

Nursing home abuse often causes bruises, fractures & infections. Learn the warning signs of neglect & how to pursue a Georgia nursing home abuse claim. Free consult.