How Nursing Home Abuse in Georgia Can Lead to a Wrongful Death Case

Key Points:

• When a nursing home’s neglect, abuse, or poor care leads to a death, it could be considered a wrongful death under Georgia law. 
• Eligible relatives, such as a spouse, children, or parents, can pursue a wrongful death case to seek justice and claim compensation. 
• Common causes for wrongful deaths may include falls, untreated infections and bedsores, malnutrition, medication errors, and failure to provide medical care. 
• Families should gather records, report concerns, preserve evidence, and speak with a personal injury attorney to ensure proper compensation. 

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When you trust a nursing home to care for an aging loved one, you expect compassion, safety, and dignity. Tragically, that trust is sometimes broken. When a nursing home’s negligence or abuse leads to your loved one’s death, you and your family are left grieving, wondering what went wrong and how you will hold those responsible accountable. 

In Georgia, you may have the right to file a wrongful death claim against a nursing home whose neglect, poor supervision, or misconduct caused your loved one’s death. If this scenario has happened to you and your family, it’s critical to understand what wrongful death means, who can file, what evidence is needed, and how a personal injury attorney can help your family seek justice. 

When Nursing Home Neglect Becomes a Wrongful Death Case 

Under Georgia law, a wrongful death is defined as when someone’s negligent, reckless, or intentional act causes another person’s death. In a nursing home setting, this could mean failing to provide even basic care, ignoring your loved one’s medical needs, or allowing dangerous conditions that lead to their fatal injuries. 

Wrongful death cases are different from ordinary negligence or personal injury claims. A wrongful death action seeks damages for the full value of the person’s life, while a separate “survival” or estate claim addresses the pain, suffering, and expenses experienced before death. 

If a nursing home fails to prevent falls, delays medical care, mismanages medication, or ignores warnings, it can be held legally responsible for the resulting death of the resident. 

Common Forms of Neglect and Abuse That Lead to Death in a Nursing Home 

Deaths in Georgia nursing homes often unfortunately stem from ongoing neglect or systemic understaffing in the facility. Some common causes include: 

• Falls and lack of supervision: Residents left unattended can fall and experience fatal fractures or head trauma. 
• Untreated infections or sepsis: Pressure ulcers, urinary tract infections, and pneumonia can become life-threatening if ignored. 
• Malnutrition and dehydration: The failure to provide a resident with sufficient food and liquids can result in organ failure. 
• Medication errors: Wrong doses, missed medications, or incorrect drugs can cause a fatal reaction. 
• Physical abuse: While unimaginable, sometimes striking, shoving, or improper restraint of a resident can occur, causing life-ending injuries. 
• Neglect during emergencies: Delayed response to a resident’s distress or failure to call a doctor can turn survivable events into fatal ones. 

Warning signs can sometimes appear before a nursing home-related death, such as sudden or extreme weight loss, bedsores, unexplained injuries, or emotional withdrawal. These signs can later become vital evidence in proving negligence. 

What to Do After a Loved One’s Death in a Nursing Home 

If you believe your loved one’s death was caused by neglect or abuse, certain steps can help protect your family’s rights. We know this is an incredibly painful time, but taking action now can make a difference in uncovering the truth and protecting your loved one’s legacy: 

1. Request records immediately: Medical charts, care notes, and facility logs are critical pieces to obtain before they’re altered or lost by the nursing home. 
2. Report the death: Notify the Georgia Department of Community Health, the Long-Term Care Ombudsman, or law enforcement of the death and your concerns. 
3. Preserve evidence: Save photos, communications, and physical evidence showing any signs of neglect, no matter how small.  
4. Avoid signing releases: Nursing homes may push families to sign waivers or settlements; never do so without legal review. 
5. Speak with a wrongful death lawyer: A personal injury attorney can secure subpoenas, interview witnesses, and prevent the facility from covering their tracks. 

Parties That Can File a Wrongful Death Lawsuit in Georgia 

Georgia state law strictly limits who has the legal right to bring this type of lawsuit forward. Georgia law sets a clear order of priority when a nursing home resident dies due to neglect: 

• The surviving spouse has the primary right to file. 
• If there is no spouse, the children may file. 
• If there is no surviving spouse or children, parents can bring the claim. 
• If none of these relatives survive, the executor or administrator of the estate may file on behalf of the estate. 

When multiple family members qualify, Georgia law determines how any recovery is divided. The purpose of these claims is to recognize the full value of the life that was lost, not just the financial loss, but the love, guidance, and companionship that family members can no longer share due to the death. 

What Compensation Can Be Recovered in a Nursing Home Wrongful Death Case in Georgia? 

When a loved one’s life is cut short because of nursing home neglect or abuse, Georgia law allows families to seek compensation in two ways: 

Wrongful Death Claim: The Value of Their Life. This claim is filed by the family and seeks to recover the “full value” of their loved one’s life, which includes: 

• The loss of their love, companionship, guidance, and presence 
• The financial support or services they would have provided if they were still here 

Estate (Survival) Claim: What They Endured Before Passing. Filed by the estate, this claim focuses on the harm your loved one suffered before their death, including: 

• Their pain and suffering caused by neglect or injury 
• Medical expenses related to the final illness or injury 
• Funeral and burial costs 

In cases of intentional abuse or extreme neglect, the court may also award punitive damages to hold the nursing home accountable and prevent similar tragedies in the future. 

Proving a Wrongful Death Claim Against a Nursing Home 

To hold a nursing home accountable, a Georgia wrongful death claim must show four key elements: 

1. Duty: The nursing home had a legal obligation to provide proper care. 
2. Breach: The facility or its staff failed to meet accepted care standards. 
3. Causation: The breach directly caused or contributed to the death. 
4. Damages: The measurable loss of the person’s life and the harm to surviving family members. 

To prove these four elements in court, families must support their claims with clear and credible evidence. Evidence for a wrongful death claim can include medical and facility records, staff schedules, logs, inspection or deficiency reports from state regulators, testimony from medical and long-term care experts and witness statements. 

How Expert Witnesses Strengthen a Nursing Home Wrongful Death Case 

Expert witnesses, professionals with specialized knowledge in fields such as medicine, nursing home care, geriatric medicine, or healthcare administration, can play an essential role in explaining how and why a facility’s failures led to a resident’s death. Their testimony helps to translate complex medical and caregiving issues into clear, credible evidence to be used in your claim. Key experts may include: 

• Medical specialists: They decide the medical cause of death and how proper care could have prevented it. 
• Nursing home standards experts: These experts will look at the facility’s policies, staffing, and training. 
• Forensic or geriatric care professionals: These professionals help to define the timeline for neglect that led to the death. 
• Economists: Help to calculate the financial value of the loss and expected contributions of the deceased. 

The insights of these experts often reveal patterns of understaffing, regulatory violations, or falsified records, turning hidden neglect into clear evidence. 

Challenges in Nursing Home Wrongful Death Cases in Georgia 

Nursing homes and their insurance companies often work quickly to protect themselves after a resident’s death. Families should be aware of the tactics they may face and why these cases can become complex. Some common defenses nursing homes use include:  

• Blaming preexisting health conditions: They may claim the resident’s age or illnesses, not neglect, caused the death. 
• Claiming they followed all rules: Facilities often argue they complied with state and federal regulations. 
• Saying the death was unavoidable: They may claim the outcome was inevitable due to age, frailty, or medical problems. 

These cases can be complicated, as nursing homes are often owned by multiple companies, parent corporations, property owners, staffing agencies, all pointing blame elsewhere. Records may be delayed, altered, or difficult to access, especially if neglect is suspected. 
Insurance carriers and corporate lawyers are often involved from the beginning, working to minimize their liability.  

Although challenges may arise, you can still overcome them by obtaining all medical records, inspection reports, staff logs, and expert testimony, all of which can reveal the true cause of death. A personal injury attorney can help you to trace ownership structures, identify all responsible parties, and expose attempts to hide evidence. 

How The Millar Law Firm Helps Families Seek Justice in Wrongful Death Cases 

Losing a loved one to neglect or abuse is an incredibly painful experience. The Millar Law Firm helps families throughout Georgia find answers and hold negligent facilities accountable by: 

• Conducting independent investigations and obtaining crucial records 
• Partnering with medical and elder care experts to identify what went wrong 
• Negotiating and litigating for full compensation under Georgia law 
• Guiding families with compassion, transparency, and respect throughout the process 

You deserve to know the truth, and to see justice served for your loved one. If you believe a nursing home’s neglect caused your loved one’s death, reach out for a free and confidential consultation. Our team can help you understand your rights, preserve key evidence, and hold the facility accountable for the harm it caused to your loved one.