When a nursing home fails in its duty to care for residents, the consequences can be serious. If you or a loved one has been injured inside a nursing home in Atlanta—whether through neglect, inadequate supervision, or outright abuse—it’s important to understand how Georgia law can protect you. Nursing home injuries are not just “accidents” in many cases. They often happen because someone didn’t do their job. And when that happens, the law gives you the right to act.
This article explains how Georgia law applies specifically to injuries that happen in nursing homes. It outlines what legal steps you can take, what evidence matters, and what deadlines apply to your claim.
Types of Injuries That Can Indicate a Legal Violation
Not every injury in a nursing home is legally actionable. But when an injury results from poor staffing, lack of supervision, or failure to provide basic care, it may form the basis of a legal claim under Georgia law.
Some of the most common injuries that raise red flags in legal cases include:
- Falls resulting in fractures or head injuries, especially when no fall prevention measures were in place
- Pressure ulcers (bedsores) that develop due to lack of repositioning
- Dehydration or malnutrition, often tied to understaffing or poor training
- Infections that go untreated or are caused by unsanitary conditions
- Medication errors, including missed doses or incorrect medications
- Emotional or physical abuse, including rough handling or threats
When these injuries occur, they may violate both Georgia statutes and federal regulations that nursing homes are required to follow.
Georgia Law and the Standard of Care
Under Georgia law, nursing homes owe a legal duty to exercise reasonable care in providing for the safety and medical needs of their residents. This duty is more than a moral obligation—it is enforceable in court. If a facility breaches that duty, and someone gets hurt as a result, the nursing home can be held responsible.
O.C.G.A. § 51-1-2 defines ordinary negligence as a person’s failure to act with the level of care that a reasonably cautious individual would use in the same or similar situation. For licensed care facilities, this includes failure to follow industry protocols, state and federal guidelines, and licensing requirements.
In practical terms, a nursing home must:
- Properly assess each resident’s risks (like fall or choking risks)
- Develop and follow a care plan
- Keep accurate records
- Employ trained and adequate staff
- Monitor residents for changes in condition
When a facility cuts corners—whether by hiring unqualified workers, failing to respond to medical concerns, or ignoring a resident’s care plan—it creates legal exposure.
Abuse, Neglect, and Intentional Misconduct
In some cases, nursing home injuries don’t just result from carelessness—they come from abuse. Georgia law takes elder abuse seriously. O.C.G.A. § 30-5-8 makes it a crime to exploit, abuse, or neglect elderly or disabled adults, including those in long-term care facilities. Even when no criminal charges are filed, this statute can be important in civil elder abuse lawsuits, because it helps define what kinds of conduct are unacceptable.
Abuse may include:
- Hitting, slapping, or rough handling
- Isolating a resident as punishment
- Yelling, humiliating, or threatening
- Sexual misconduct
- Financial exploitation
In civil cases, this kind of intentional or reckless behavior may justify punitive damages in addition to compensation for medical costs and pain and suffering.
Filing a Lawsuit for a Nursing Home Injury in Georgia
If you’re considering a lawsuit, it helps to understand how the process works. In Georgia, a nursing home injury case is typically based on negligence or wrongful death.
To prove a negligence claim, you must show:
- The nursing home owed a duty of care (which it always does if your loved one was a resident)
- The facility breached that duty
- The breach caused the injury
- The resident suffered actual harm
For cases involving a death caused by nursing home conduct, Georgia’s Wrongful Death Act (O.C.G.A. § 51-4-2) allows surviving family members to bring a claim for the “full value of the life” of the deceased person. This is a separate claim from the estate’s right to recover for pain, suffering, and medical expenses under O.C.G.A. § 51-4-5.
Georgia’s Statute of Limitations
Georgia imposes strict two-year limits for filing these kinds of lawsuits. This is outlined in O.C.G.A. § 9-3-33. If the injury led to a death, the two-year deadline usually begins on the date of death. However, certain exceptions can allow that time period to be extended—for example, if there is an ongoing criminal investigation, or if the injured person was legally incompetent. That said, the safest course is to act quickly.
Evidence You Need to Support Your Case
Proving that a nursing home is liable requires strong evidence. That includes more than just showing that an injury occurred. You will need to demonstrate why it happened—and whether it could have been prevented.
Useful types of evidence in Georgia nursing home cases include:
- Medical records before and after the injury
- Care plans and staffing logs
- Internal incident reports from the facility
- Witness statements from other residents or staff
- Photographs of injuries or unsanitary conditions
- State inspection reports or prior complaints
It may also be necessary to consult expert witnesses—usually nurses or physicians familiar with long-term care standards—to explain how the nursing home fell short.
Reporting the Injury to Georgia Authorities
Even if you decide to pursue a civil lawsuit, it’s also important to report serious injuries or suspected abuse to the state. The Georgia Department of Community Health (DCH) regulates nursing homes and investigates complaints.
You can file a complaint through DCH’s Healthcare Facility Regulation division. In addition, Adult Protective Services (APS), part of the Division of Aging Services, investigates abuse and neglect reports. You can contact APS at 1-866-552-4464.
A state investigation can lead to fines, penalties, or license suspension—and their findings may help support your civil case.
What a Victim or Family Member Can Recover
If your claim is successful, Georgia law allows compensation for:
- Medical bills related to the injury
- Costs of future care or rehabilitation
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In cases of death, surviving family may be entitled to compensation for lost companionship and funeral costs. In more egregious cases, Georgia law also permits punitive damages designed to punish the facility and prevent future abuse.
Atlanta Nursing Home Injury Lawyer
If your loved one has been injured in a nursing home, you deserve clear answers and reliable support. At Butler Kahn, we’ve represented families across Georgia in nursing home injury cases. We know how to investigate what happened, determine whether the facility failed in its responsibilities, and explain your legal options clearly. Our Atlanta nursing home abuse lawyers focus on facts, accountability, and achieving meaningful results for our clients. Whether the harm stems from neglect, unsafe conditions, or staff misconduct, we’re ready to help you take action. To learn more about your rights and next steps, call (678) 940-1444 or contact us online for a free consultation.
