Discovering signs of abuse or neglect in a nursing home can be heartbreaking, especially when you trusted the facility to keep your loved one safe.
McArthur Law Firm’s Georgia nursing home abuse lawyers help families investigate suspected mistreatment, identify failures in care, and pursue compensation when negligence causes serious harm.
Our firm has represented injured Georgians for 44 years, with more than $450 million recovered for clients. Founder Kathy McArthur leads a team of eight attorneys in Atlanta, Macon, and Kathleen, and we offer free consultations 24/7.
Call 404-565-1621 or 478-238-6600 to discuss your concerns about your loved one’s care.
Call Us Now for a Free Consultation!
Why Families Bring Nursing Home Cases to McArthur Law Firm
When you suspect that a nursing home has neglected or mistreated someone you love, you need an attorney who will take your concerns seriously and investigate what happened.
Nursing homes and their insurers may blame a resident’s injuries on age or existing health conditions.
At McArthur Law Firm, we examine medical records, staffing reports, facility policies, and other evidence to determine whether inadequate care contributed to your loved one’s injuries.
Our firm brings decades of experience handling serious injury and medical negligence claims throughout Georgia.
- Medical malpractice experience: Founder Kathy McArthur leads our medical malpractice practice, which includes nursing home abuse and neglect claims.
- Proven track record: Our firm has represented injured Georgians for 44 years and recovered more than $450 million for clients.
- Statewide representation: Our eight attorneys serve families throughout Georgia from offices in Atlanta, Macon, and Kathleen.
We know how painful it can be to question the care your loved one received. Our attorneys take the time to listen, explain your options, and keep you informed while preparing a strong case on your family’s behalf.
Call 404-565-1621 or 478-238-6600 for a free consultation about your loved one’s care.
What Rights Do Georgia Nursing Home Residents Have?
Georgia nursing home residents have enforceable rights under the Georgia Bill of Rights for Residents of Long-Term Care Facilities, found at O.C.G.A. § 31-8-100 and following sections.
When a facility violates those rights or fails to provide them, Georgia law gives the injured resident a civil cause of action for damages. That right exists alongside ordinary negligence claims.
Rights Under Georgia Law
The Bill of Rights requires care, treatment, and services that are adequate and appropriate, and it protects residents’ dignity, privacy, communication, personal funds, and freedom from abuse and unnecessary restraint.
The state’s implementing rules, published in the Georgia Rules and Regulations, spell out how facilities must honor these rights and confirm that residents may sue without first exhausting administrative remedies.
Federal Requirements for Certified Facilities
Facilities that accept Medicare or Medicaid must also meet federal requirements in 42 C.F.R. Part 483.
Those rules require a comprehensive care plan for each resident, enough qualified nursing staff to meet residents’ needs, and an environment kept as free of accident hazards as possible. Violations of these standards often become key evidence in a civil case.
Forms of Nursing Home Abuse and Neglect
Nursing home neglect is a failure to provide necessary care, while abuse is intentional harm. Both can cause serious injury or death, and both can support a claim.
Many nursing home neglect cases involve problems that develop over time, including inadequate staffing, poor supervision, and failures to provide necessary care.
Pressure Ulcers and Bedsores
Pressure ulcers can develop when prolonged pressure damages the skin and underlying tissue. Residents with limited mobility face a higher risk, especially when staff fail to assess their skin, relieve pressure, or provide appropriate wound care.
Pressure ulcers range from early skin damage to deep wounds that expose muscle or bone. Severe bedsores may indicate that staff failed to reposition a resident, monitor their skin, or provide timely treatment.
A pressure ulcer that progresses to Stage 3 or 4 may raise concerns about whether staff followed appropriate prevention and wound care procedures.
Falls, Malnutrition, Dehydration, and Medication Errors
Nursing home residents may suffer hip fractures or head injuries when staff ignore fall risks or fail to provide assistance during transfers.
Malnutrition and dehydration result when staff do not help residents eat and drink. Medication errors include wrong doses, missed doses, and drugs given to the wrong resident.
Elopement, Abuse, Exploitation, and Untreated Infection
Residents with dementia can wander out of an unsecured building into traffic or extreme weather. Physical and sexual abuse by staff or other residents, and financial exploitation of a resident’s accounts, are serious violations.
Untreated urinary tract infections and wound infections can progress to sepsis, a life-threatening emergency, when early signs go unaddressed.
Warning Signs Families Should Watch For
Family members are often the first to notice neglect because they know what is normal for their loved one. Trust what you see during visits, and write it down with dates.
These signs are worth raising with the facility and with an attorney:
- Unexplained bruises, fractures, or injuries the staff cannot account for
- Sudden weight loss, sunken eyes, or signs of dehydration
- New or worsening wounds on the heels, hips, or tailbone
- Soiled bedding or clothing, poor hygiene, or strong odors
- Fearfulness, withdrawal, or agitation around specific staff members
- Missing money, new account activity, or unexpected changes to financial documents
Photographs, dated notes, and copies of facility incident reports can help document your concerns and support an investigation into your loved one’s care.
How Are Georgia Nursing Homes Inspected and Reported?
Georgia nursing homes are licensed and inspected by the Georgia Department of Community Health’s Healthcare Facility Regulation Division, which conducts surveys and investigates complaints.
Families can also contact the state’s Long-Term Care Ombudsman Program, which advocates for residents, and they can report suspected abuse to law enforcement.
Where to Find a Facility’s History
Inspection results, deficiency citations, and staffing information for certified facilities are available through Medicare’s Care Compare tool.
Complaint information and licensing details are maintained by the Georgia Department of Community Health, and the ombudsman program operates through the Georgia Division of Aging Services.
A history of similar deficiencies can show that a facility knew about a problem before your loved one was hurt.
Who Is Liable for Nursing Home Abuse in Georgia?
Liability for nursing home abuse and neglect usually rests with the facility, and it can extend to the companies that own and manage it and to individual staff members.
Some nursing homes operate under complex ownership arrangements, making it harder to determine which companies controlled staffing, safety policies, and resident care.
Potentially responsible parties include:
- The licensed facility operator
- Parent companies and management companies that control budgets and staffing
- Individual nurses, aides, or other employees who caused harm
- Outside contractors, such as therapy or pharmacy providers
Decisions about staffing levels often come from the companies that own or manage nursing homes, not just the facilities themselves.
Staffing records, budgets, and payroll data can show whether a facility had enough people on shift to provide the care its residents required. Many admission packets also include an arbitration agreement, which we address in the questions below.
When Neglect Leads to a Resident’s Death
When neglect or abuse causes a resident’s death, Georgia’s wrongful death statute allows certain family members to seek the full value of the life lost.
A separate estate claim can recover medical and funeral expenses and compensation for the pain the resident experienced before death. Losing a parent this way is devastating, and pursuing accountability can also bring answers about what happened.
Proving What Caused the Death
Facilities frequently attribute a death to age or underlying illness. Medical records, wound documentation, hospital transfer records, and death certificates help show whether neglect, such as an infected pressure ulcer or untreated dehydration, caused or hastened the death.
Independent medical review ties these records together.
How Long Do You Have to File a Nursing Home Claim?
Most Georgia nursing home injury claims must be filed within two years of the injury under O.C.G.A. § 9-3-33, and wrongful death claims within two years of the death.
Claims framed as professional negligence by nurses or physicians may instead fall under the medical malpractice rules in O.C.G.A. § 9-3-71, including its five-year outer limit and the expert affidavit requirement.
| Type of Claim | Typical Basis | Expert Affidavit Required? |
|---|---|---|
| Ordinary negligence | Administrative or custodial failures, such as staffing, supervision, or security | Generally no |
| Professional negligence | Clinical judgments by nurses or physicians, such as wound treatment decisions | Yes, under O.C.G.A. § 9-11-9.1 |
| Bill of Rights violation | Failure to provide rights under O.C.G.A. § 31-8-100 and following sections | Depends on whether medical judgment is involved |
Courts look at the substance of each allegation, not just its label, when deciding which rules apply. Many cases include more than one type of claim, which is why the framing should be decided before filing.
What Should You Do If You Suspect Nursing Home Neglect?
If you suspect neglect or abuse, start by writing down what you have seen, with dates, and take photographs of injuries, wounds, and living conditions when you can do so respectfully. Then ask the facility, in writing, for a care plan meeting to discuss the specific changes you have noticed.
Residents and their legal representatives have a right to see and copy the resident’s records. Under federal rules for certified facilities, the facility generally must allow inspection within 24 hours of a request, excluding weekends and holidays, and provide copies within two working days. Ask in writing, and request the care plan, nursing notes, medication records, and any incident reports.
If a resident is in immediate danger, call 911. For other concerns, a complaint to the Department of Community Health or a call to the Long-Term Care Ombudsman puts the problem on record with someone outside the facility. Keep copies of everything you send and receive.
Moving a Loved One to a Safer Facility
Federal rules generally require a certified facility to give written notice before an involuntary transfer or discharge, usually at least 30 days in advance, so a facility cannot simply push a resident out in response to a complaint. Families who decide to move a loved one can compare options on Care Compare and ask the new facility for its most recent inspection results before admission.
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FAQs for a Georgia Nursing Home Abuse Lawyer
How do I know if it is abuse or just aging?
Sudden weight loss, unexplained injuries, worsening bedsores, and changes in behavior may indicate nursing home neglect, but these symptoms can also have medical causes.
Reviewing the resident’s medical records and care plan can help determine whether the facility provided appropriate care.
Can I sue if we signed an arbitration agreement at admission?
An arbitration agreement signed at a Georgia nursing home admission is not always enforceable.
Its validity can depend on whether the signer had legal authority, how the agreement was presented, and federal rules that bar certified facilities from requiring arbitration as a condition of admission and give residents 30 days to rescind.
Who can file a claim if my parent died in a nursing home?
Georgia’s wrongful death claim belongs first to a surviving spouse, then to the children if there is no spouse, and then to surviving parents. The estate’s representative brings the separate estate claim for medical and funeral expenses and the resident’s pain before death.
Will reporting a Georgia nursing home lead to retaliation against my parent?
Federal rules for Medicare- and Medicaid-certified nursing homes protect a resident’s right to voice grievances without discrimination or reprisal, and Georgia’s resident rights law protects the right to file complaints.
If you see changes in treatment after a report, document them, because retaliation can itself be evidence in a claim.
Does dementia change the deadline for a nursing home claim?
Georgia law may pause the deadline for some ordinary negligence claims when a resident is legally incompetent, but that tolling generally does not apply to medical malpractice claims.
Because the answer depends on how each claim is framed, families should not rely on a resident’s dementia to extend the filing window.
Contact a Georgia Nursing Home Abuse Lawyer to Protect Your Loved One
Founding Partner
When you suspect that a nursing home has failed someone you love, you should not have to rely solely on the facility’s explanation of what happened.
McArthur Law Firm helps Georgia families investigate nursing home abuse and neglect, uncover failures in care, and pursue accountability when those failures cause harm.
Our attorneys understand the medical and legal issues involved in these cases, from preventable bedsores and serious falls to untreated infections and wrongful death.
If you have concerns about your loved one’s treatment, call 404-565-1621 or 478-238-6600 for a free consultation. We can listen to your concerns, review the circumstances, and help you understand your legal options.
Call Us Now for a Free Consultation!
McArthur Law Firm – Macon Office
6055 Lakeside Commons Drive, Suite 400
Macon, GA 31210
Phone: 478-238-6600
