Atlanta Nursing Home Abuse Lawyers

O.C.G.A. § 31-8-80 et seq.† (in particular § 31-8-82) requires administrators, staff, physicians, nurses and other listed people to report suspected abuse, neglect or exploitation of residents in long-term care facilities. O.C.G.A. § 30-5-4† is the Disabled Adults and Elder Persons Protection Act. It sets out the reporting duty for elder abuse in general, including abuse outside facilities.

Claims against the state require an ante litem notice under the Georgia Tort Claims Act, O.C.G.A. § 50-21-26. Claims against counties are covered by § 36-11-1.† Courts have held that the crime-victim tolling statute (§ 9-3-99) does not extend ante litem notice deadlines.

The corporation or employer of the staff member is responsible for the actions of the staff. Even if they trained them not to abuse the elderly at the home.

Yes. Under § 51-3-1, the owner must use ordinary care, especially for the elderly in a nursing home facility.

Under Georgia law (O.C.G.A. § 51-12-5.1), a plaintiff seeking punitive damages must provide clear and convincing evidence of willful misconduct, malice, wantonness, or a complete lack of care showing conscious indifference to the consequences. Punitive damages are generally capped at $250,000. However, this limit does not apply when the defendant acted with the specific intent to cause harm, which can be particularly relevant in nursing home abuse cases.