Protecting Georgia's Elders When Care Facilities Fail Them
Placing a parent or grandparent in a nursing home is an act of trust. When that trust is betrayed — through neglect, abuse, or understaffing that puts profits over people — families deserve answers and accountability. At Thomas Kennedy Sampson & Tompkins LLP, we have spent more than 50 years holding negligent institutions accountable, from hospitals in medical malpractice cases to property owners in premises liability claims. We bring that same trial-tested experience to families of nursing home abuse victims across Atlanta and Georgia.
If you suspect a loved one is being abused or neglected, call (404) 688-4503 or contact us online for a free, confidential consultation.
Your Loved One Has Legal Rights in Georgia
Georgia law gives long-term care residents enforceable rights under the Bill of Rights for Residents of Long-term Care Facilities (O.C.G.A. § 31-8-100 et seq.), including the right to appropriate care, dignity, freedom from physical and chemical restraints used for convenience, and freedom from abuse and exploitation. Federal law adds further protections for facilities that accept Medicare and Medicaid. When a facility violates these rights and a resident is harmed, the facility can be held liable.
Types of Nursing Home Abuse and Neglect Cases We Handle
Neglect and Inadequate Care
- Bedsores (pressure ulcers) — stage 3 and 4 pressure injuries are almost always preventable with proper repositioning and monitoring
- Malnutrition and dehydration
- Falls and fall-related fractures or head injuries caused by inadequate supervision or missing fall protocols
- Medication errors — wrong drug, wrong dose, missed doses, or chemical restraint
- Untreated infections and sepsis, including infections from neglected wounds
- Wandering and elopement of residents with dementia
Abuse
- Physical abuse — hitting, rough handling, improper restraint
- Emotional and verbal abuse — intimidation, humiliation, isolation
- Sexual abuse by staff or other residents
- Financial exploitation — theft, coerced changes to wills or accounts
Wrongful Death
When neglect or abuse takes a resident's life, surviving family members may pursue a wrongful death claim for the full value of their loved one's life, in addition to an estate claim for the suffering they endured.
Warning Signs Families Should Never Ignore
- Unexplained bruises, burns, or fractures — or injuries with shifting explanations
- Bedsores at any stage
- Rapid weight loss, dehydration, or poor hygiene
- Sudden withdrawal, fearfulness, or agitation around particular staff
- Overmedication, sedation, or 'zombie-like' behavior
- Frequent falls, hospitalizations, or unreported incidents
- Staff who delay or block your visits, or won't answer questions
If your loved one is in immediate danger, call 911 and report the facility to the Georgia Department of Community Health. Then preserve everything: photos of injuries, medical records, facility correspondence, and the names of staff and witnesses.
Who Can Be Held Liable?
Responsibility rarely stops with one aide. Our investigations routinely uncover corporate-level failures: deliberate understaffing, falsified charts, unqualified hires, and budget decisions that made harm inevitable. Depending on the facts, liable parties may include the facility, its corporate parent and management company, medical directors and attending physicians (a medical malpractice overlap), staffing agencies, and third-party contractors. Identifying every defendant — and every insurance policy — is essential to full compensation.
Compensation in Georgia Nursing Home Cases
Families may recover damages for medical and relocation expenses, physical pain and emotional suffering, disability and disfigurement, and in fatal cases, wrongful death damages. Where conduct is willful or shows an entire want of care, Georgia law allows punitive damages. Learn more about what compensation you can claim after a personal injury in Georgia and how settlements work.
Deadlines: most Georgia nursing home claims must be filed within two years, and medical malpractice-based claims carry additional repose limits. Many admission contracts also contain arbitration clauses that affect strategy — another reason to involve counsel early. See how long you have to file a claim in Georgia.
Your family deserves the truth about what happened — and a facility that harms vulnerable residents deserves to answer for it. Contact Thomas Kennedy Sampson & Tompkins LLP at (404) 688-4503 for a free, confidential consultation.
Frequently Asked Questions About Nursing Home Abuse Claims
How do I prove nursing home neglect?
Through medical records, facility charts and staffing logs, state inspection reports, photographs, expert testimony, and witness accounts. Patterns matter: prior citations and chronic understaffing often show the harm was systemic, not an isolated mistake.
Can I sue if my loved one signed an arbitration agreement?
Often, yes — arbitration clauses in admission paperwork are not always enforceable, particularly if signed by someone without legal authority. We review every agreement before assuming the courthouse door is closed.
Are bedsores always a sign of neglect?
Advanced pressure ulcers are widely recognized as preventable with proper care. A stage 3 or 4 bedsore is a serious red flag that repositioning schedules, skin checks, or nutrition protocols were not followed.
What if my loved one has dementia and cannot describe what happened?
Cases are frequently built without the resident's testimony — through records, physical evidence, staff depositions, and patterns of citations. Cognitive impairment makes residents more vulnerable, and the law accounts for that.
How much does it cost to hire a nursing home abuse lawyer?
Nothing up front. TKST handles nursing home abuse and neglect cases on contingency — you owe attorney's fees only if we recover compensation for your family.
