You trusted a nursing home to care for someone you love. Now you’re seeing bruises no one can explain, or your parent seems scared when a certain aide walks in. You don’t need proof before you take those worries seriously.
A nursing home abuse lawyer in Tucker at John Foy & Associates can help your family find out what happened and who should answer for it. Clients call us The Strong Arm™ in Georgia because we stand up to facilities and their insurers. Talk with a Tucker personal injury lawyer on our team about your concerns.
Warning Signs of Nursing Home Abuse and Neglect
Abuse in care facilities is more common than many families realize. In a June 2024 fact sheet, the World Health Organization reported that 2 in 3 staff in places like nursing homes said they had committed some form of abuse in the past year. Watch for signs like these:
- Bruises, cuts, or broken bones with no clear explanation
- Bedsores, also called pressure injuries
- Sudden weight loss, dehydration, or poor hygiene
- Repeated falls or a resident left unattended for long periods
- Fear, withdrawal, or silence around a certain staff member
- Missing money, new charges, or changes to bank accounts
One sign alone usually doesn’t prove abuse. But if the staff’s answers keep changing, or they won’t let you speak with your loved one in private, trust that something may be wrong. Write down what you see, take dated photos, and keep copies of any notices the facility sends you.
How to Report Suspected Abuse in a Georgia Nursing Home
If your loved one is in danger, call 911. In Tucker, the DeKalb County Police Department handles criminal reports such as assault or theft. For problems with care, you can contact these state offices:
- Healthcare Facility Regulation Division: This part of the Georgia Department of Community Health licenses nursing homes and takes complaints at 1-800-878-6442 or online.
- Long-Term Care Ombudsman Program: Ombudsmen advocate for residents and work to resolve complaints, free of charge. You can reach the Georgia Long-Term Care Ombudsman at 1-866-552-4464, option 5.
- Medical providers: A doctor outside the facility can examine your loved one and record their injuries.
Georgia law generally requires nursing home staff who suspect abuse to report it (O.C.G.A. § 31-8-82). A state complaint can lead to an inspection, but it won’t pay for your loved one’s harm. John Foy & Associates can explain how a report and a civil claim work side by side.
Check the Facility’s Inspection History
State inspectors visit nursing homes and write up problems they find. You can read those reports through the Department of Community Health’s GaMap2Care facility search, which also lists license details and complaint forms. Medicare’s Care Compare tool shows star ratings, staffing levels, and health inspection results for certified nursing homes.
Look for repeat problems with falls, bedsores, staffing, or medication errors. A pattern of past citations can show that a facility knew about a risk and didn’t fix it. John Foy & Associates can gather these records and compare them with your loved one’s chart.
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Did You Sign an Arbitration Agreement at Admission?
Signing an arbitration agreement at admission does not always end your right to pursue a claim, because federal rules bar nursing homes from requiring one as a condition of admission under 42 C.F.R. § 483.70(m).
Many families believe that once they signed the admission papers, they gave up the right to sue. That isn’t always true. The same federal rule says the facility must tell you that you have the right not to sign, and the agreement must let you cancel it within 30 calendar days.
Arbitration agreements can also be challenged if the person who signed lacked authority or the resident lacked capacity. Bring every page of the admission paperwork to your first meeting with John Foy & Associates. We can review whether the agreement holds up.
Who Can File a Claim for a Nursing Home Resident?
A resident who can make their own decisions can bring their own claim. If dementia or illness prevents that, a court-appointed guardian may act for them. A power of attorney may also give someone authority, depending on what the document says.
If abuse or neglect caused a death, Georgia law generally gives the wrongful death claim to the surviving spouse or children (O.C.G.A. § 51-4-2). The estate may have a separate claim for medical bills, funeral costs, and the pain the resident felt before death.
What a Nursing Home Claim Can Recover
A successful claim can pay for the medical care your loved one needs because of the abuse or neglect, such as wound treatment or hospital stays. It can also cover the cost of moving to a safer facility and money taken through financial exploitation.
Georgia law also allows damages for pain, fear, and loss of dignity. When a facility’s conduct shows willful misconduct or a conscious disregard for residents’ safety, a jury may award punitive damages to punish it (O.C.G.A. § 51-12-5.1).
Georgia Deadlines for Nursing Home Abuse Claims
Georgia generally allows two years to file a personal injury lawsuit (O.C.G.A. § 9-3-33). A wrongful death claim generally must be filed within two years of the date of death.
Many nursing home cases involve the care of nurses and doctors, which Georgia may treat as medical malpractice. Those claims generally carry a two-year deadline and a five-year outer limit, even if the harm wasn’t discovered right away (O.C.G.A. § 9-3-71). They also usually require a sworn statement from a qualified medical professional filed with the lawsuit (O.C.G.A. § 9-11-9.1).
Our Tucker nursing home abuse attorney can sort out which rules apply. Records and witnesses are easier to find early, so it helps to act soon.
What Our Tucker Nursing Home Abuse Attorneys Do for Families
John Foy & Associates offers video meetings and electronic signing, so you can work with us without extra trips. We keep our caseloads small on purpose, so your lawyer has time to dig into charts, staffing records, and inspection reports.
Our attorneys bring more than 350 years of combined experience, and we have recovered more than $1 billion for injured clients since 1999. Past results do not guarantee future outcomes.
We handle claims involving bedsores, dehydration and malnutrition, wandering, and medication errors. We work on contingency, and our fee is roughly one-third of the recovery. The exact number will be agreed upon before you begin working with your attorney.
Protect Your Loved One and Get Answers
You can’t undo what happened, but you can stop it from continuing and hold the facility accountable. A nursing home abuse lawyer in Tucker at John Foy & Associates can review the records and explain your family’s options. Call John Foy & Associates now to talk about what happened to your loved one.
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