Free Consultation (770) 865-8654
tap to call tap to text

Nursing Home Abuse and Neglect: Legal Remedies for Victims

legal remedies

It’s horrific to think that the nursing home you trust to provide quality care for a loved one has failed in this duty. Unfortunately, misconduct is more common than you’d expect, ranging from neglect in managing the facility to acts of intentional abuse by employees. You’re probably aware that some of these acts may constitute a crime, and that you can report problems to the Georgia Department of Human Services Division of Aging. However, filing a complaint could mean little more than a slap on the wrist for the offending nursing home. Some of the most egregious acts are penalized by a $600 fine from the state.

The good news is that you may have legal remedies beyond reporting misconduct to the relevant government authorities. It’s important to get the specifics from an Atlanta, GA nursing home abuse and neglect attorney, but you may find it helpful to review some general information about your options.

Legal Remedies in Nursing Home Abuse and Neglect Claims: Victims who suffer from intentional conduct or careless acts in assisted living centers may be eligible to recover monetary damages for their losses. Compensation generally comes in two forms:

  1. Economic damages, such as the medical costs for current care and long-term treatment; and,
  2. Non-economic damages, including the pain, suffering, and emotional distress caused by nursing home abuse and neglect.

In addition, you may be able to recover punitive damages in Georgia under certain circumstances. This type of award is designed to punish those who engage in horrible, demeaning abuse against nursing home residents.

Wrongful Death Cases in Georgia: Your grief is indescribable if you lost a loved one as the result of nursing home abuse or neglect. Plus, though you may not recognize other losses at such an emotional time, you suffer financially as well. It may be possible to recover monetary damages through a Georgia wrongful death claim, such as loss of support, services, inheritance, and costs of burial.

Next Steps for Victims and Their Families: It’s important to take quick action to get a loved one out of an abusive or neglectful environment in a nursing home. Your strategy should start with retaining an experienced attorney, who can help you ensure the resident’s safety. From there, your attorney can assist with all aspects of the legal process, such as:

  • Submitting a complaint with government officials;
  • Investigating incidents of abuse or neglect;
  • Filing a claim with the nursing home’s insurance company;
  • Negotiating with the insurer regarding a potential settlement; and,
  • Initiating a lawsuit in court, if the insurance company won’t settle for a reasonable amount.

Keep in mind that time is of the essence in these cases, since Georgia’s statute of limitations is two years.

Set Up a Free Consultation with an Atlanta, GA Nursing Home Abuse and Neglect Lawyer

For more information regarding your legal remedies in a nursing home abuse or neglect claim, please contact the Law Offices of Julie A. Rice. We can schedule a no-cost case evaluation to review your circumstances and determine the most appropriate strategy for enforcing your rights or those of a loved one.