Atlanta Nursing Home Abuse Lawyer

Nursing home abuse in Atlanta and across Georgia shatters the trust families place in facilities meant to care for their loved ones, leaving elderly or disabled residents suffering from physical injuries, emotional trauma, or even wrongful death. Whether it’s neglect at a Decatur nursing home, physical abuse in a Buckhead facility, or financial exploitation in Sandy Springs, these violations rob vulnerable residents of their dignity and safety. A nursing home abuse lawyer can help families get justice for their loved ones.

Victims and families of nursing home abuse face many difficult challenges, including medical bills, emotional distress, and the task of holding powerful facilities accountable. If your loved one has suffered nursing home abuse, our Atlanta nursing home abuse lawyer is here to seek justice and recovery for your loved one. 

After discovering abuse in an Atlanta, Marietta, or other Georgia nursing home, you may be struggling to get over guilt, anger, and complex legal processes while trying to protect your loved one. Nursing home corporations often deny wrongdoing or pressure families into silence, and critical evidence, like medical records or staff logs, can disappear quickly. 

Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33) adds urgency to your claim. Without skilled legal representation, you risk being dismissed or undercompensated. At Wetherington Law Firm, led by Matt Wetherington, our nursing home abuse attorneys leverage deep expertise in Georgia elder abuse laws (O.C.G.A. § 31-8-80 et seq.) to fight for accountability and compensation for medical costs, pain, and suffering.

Our Nursing Home Abuse Lawyer is dedicated to advocating for vulnerable residents throughout Georgia. We meticulously investigate abuse claims, collaborate with medical experts, and confront negligent facilities to secure justice. From uncovering neglect to proving intentional harm, we handle every detail, allowing you to focus on your loved one’s well-being. Don’t let abusive facilities escape accountability. 

Call nursing home abuse lawyers at Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today to take the first step toward justice and protecting your loved one.

What are the Qualities to Look for in a Nursing Home Abuse Lawyer?

Choosing the right lawyer after discovering nursing home abuse in Atlanta is critical, as these cases involve complex medical and legal issues and vulnerable victims. The right nursing home abuse lawyer can make all the difference in holding facilities accountable and securing compensation for your loved one’s suffering. Here are the key qualities to seek in a nursing home abuse lawyer to ensure you’re in trusted hands.

• Experience with Nursing Home Abuse Cases: Nursing home abuse cases require specialized knowledge of elder abuse laws and facility operations. Look for a nursing home abuse lawyer with a proven track record in handling claims in Georgia Like Matt Wetherington’s team. They should excel at gathering evidence, like medical charts or staff schedules, and working with geriatric specialists to prove harm. 
• Compassion and Personalized Care: Your loved one’s suffering is personal, and your lawyer should treat you with empathy and respect. A great nursing home abuse lawyer listens to your concerns, understands the emotional toll of abuse, and communicates clearly. Whether you’re a family in East Point seeking justice for neglect or in Brookhaven addressing physical abuse, they should keep you informed. Our Atlanta attorneys are local, approachable, and dedicated to tailoring our approach to your family’s needs, ensuring you feel supported every step of the way.
• Strong Negotiation Skills: Nursing home corporations and their insurers often deny liability or offer settlements that don’t reflect the harm caused. A skilled nursing home abuse attorney counters these tactics with evidence like incident reports, medical records, and expert testimony to prove abuse or neglect. In Georgia, where comparative negligence (O.C.G.A. § 51-12-33) may be raised to reduce compensation, negotiation expertise is vital. Our attorneys are known for outmaneuvering insurers, securing maximum payouts for clients from Chamblee to College Park.
• Trial-Ready Experience: While many nursing home abuse cases settle, you need a lawyer prepared to go to trial if the facility refuses a fair offer. Look for someone with courtroom experience in Georgia’s courts, such as those in Fulton or DeKalb County, who can present your case confidently. Our nursing home abuse attorneys, including Robert Friendman and James Cox, have won over $100 million in verdicts, giving us leverage to demand what your loved one deserves, whether in negotiations or at trial.
• Local Knowledge of Atlanta and Georgia Law: A lawyer familiar with Atlanta’s nursing home industry and legal system has a clear advantage. They understand local facility patterns, like understaffing in Decatur homes or neglect in Marietta, and how these affect liability. They’re also versed in Georgia’s elder abuse laws, including the Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100 et seq.), and the two-year statute of limitations (O.C.G.A. § 9-3-33). Our Atlanta-native team at Wetherington Law Firm uses local resources, like state inspection reports and regional experts, to strengthen cases.
• No Upfront Costs and Transparent Fees: Legal help shouldn’t add to your financial burden. Choose a firm that works on a contingency fee basis, meaning you pay nothing upfront and only owe fees if they win your case. They should be transparent about fees, typically 33% to 40% of your settlement in Georgia. At Wetherington Law Firm, we offer free consultations and charge no fees unless we recover compensation, letting you focus on your loved one’s care.
• Focus on Maximizing Compensation: A top nursing home abuse lawyer like Matt seeks every dollar you’re entitled to, including medical costs, emotional distress, and, in tragic cases, wrongful death damages (O.C.G.A. § 51-4-2). Proving the full scope of abuse requires skill. 

Our firm collaborates with medical experts, elder care specialists, and economists to demonstrate the impact of neglect or abuse, securing six- and seven-figure settlements for Atlanta families.

Ready to find the right lawyer for your nursing home abuse case? Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today. We’ll listen to your story, explain your options, and fight for the justice your loved one deserves.

How a Nursing Home Abuse Lawyer Can Help

At Wetherington Law Firm, we’re more than legal advocates, we’re allies who care about protecting your loved one. Here’s how we support you:

• Free, No-Pressure Consultation: We listen to your concerns, answer questions, and outline your options without obligation.
• Thorough Investigation: We collect medical records, facility logs, state inspection reports, and expert testimony to prove abuse or neglect.
• Maximizing Compensation: We calculate all losses including medical costs, emotional pain, and more to ensure full compensation.
• Handling Facilities and Insurers: We manage all communications, shielding you from tactics that deny or minimize abuse.
• Courtroom Readiness: If a fair settlement isn’t possible, our trial-tested attorneys are prepared to fight in court.

Led by Matt Wetherington, a Georgia Super Lawyer with over $100 million in verdicts, our firm has helped countless Atlanta families hold abusive facilities accountable. We serve communities from Virginia-Highland to West End with compassion and resolve.

What are the Common Signs of Nursing Home Abuse?

Nursing home abuse often goes unnoticed until serious harm occurs, but recognizing the signs can protect your loved one. Common indicators we see include:

• Physical Abuse: Unexplained bruises, fractures, or restraint marks, often hidden by staff excuses.
• Neglect: Bedsores, malnutrition, dehydration, or poor hygiene due to understaffing or inattention.
• Emotional Abuse: Withdrawal, fearfulness, or depression from verbal abuse or isolation.
• Financial Exploitation: Unauthorized withdrawals or missing personal items, signaling theft.
• Medical Neglect: Untreated infections, medication errors, or ignored health conditions.

These abuses violate Georgia’s elder care laws (O.C.G.A. § 31-8-100 et seq.) and cause significant harm. We fight to hold facilities accountable and secure compensation for your loved one’s suffering.

What to Do After Suspecting Nursing Home Abuse in Atlanta, GA

Discovering potential abuse in a nursing home is distressing, but your actions are crucial. Follow these steps to protect your loved one and build a case:

• Ensure Safety: Move your loved one to safety or report concerns to facility management and state authorities.
• Seek Medical Attention: Have a doctor evaluate injuries or health issues, documenting findings.
• Report the Abuse: Contact Georgia’s Adult Protective Services or the Department of Community Health.
• Document Evidence: Take photos of injuries, note behavioral changes, and collect financial records.
• Contact a Lawyer: Reach out to us before speaking with the facility to protect your rights.

Time is critical in nursing home abuse claims, call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today.

What Compensation is Available After Nursing Home Abuse in Georgia?

If your loved one suffered abuse or neglect in an Atlanta, Marietta, or other Georgia nursing home, you shouldn’t bear the financial or emotional burden of the facility’s negligence. In Georgia, you can seek compensation to address the harm and rebuild your loved one’s dignity. Here’s what’s available:

• Medical Expenses
  Abuse or neglect often requires extensive treatment. Compensation covers:
  • Hospital stays, surgeries, or wound care for bedsores
  • Diagnostic tests (e.g., X-rays, bloodwork)
  • Medications or therapy for infections or psychological trauma
  • Ongoing care, like rehabilitation or counseling
    Atlanta’s medical costs, from facilities like Grady or Piedmont Hospital, are significant. We work with experts to document every expense, ensuring your claim reflects all needs.
• Pain and Suffering
  Nursing home abuse causes profound physical and emotional harm. Compensation for pain and suffering includes:
  • Physical pain from injuries like fractures or infections
  • Emotional distress, such as fear, humiliation, or depression
  • Loss of enjoyment of life, like missing family interactions
    Proving non-economic damages (O.C.G.A. § 51-12-5) requires skill. We use medical records and psychological evaluations to show the abuse’s impact.
• Wrongful Death Damages
  If abuse leads to a loved one’s death, you may pursue wrongful death damages (O.C.G.A. § 51-4-2), including:
  • Funeral and burial costs
  • Loss of financial support or companionship
  • The “full value of the life” of the deceased
    We handle these sensitive claims with care to honor your loved one’s memory. A Georgia wrongful death attorney can help you seek justice and compensation for your loss. 
• Financial Losses
  Financial exploitation, like stolen savings or unauthorized charges, is compensable. We recover:
  • Stolen funds or property
  • Costs to restore financial accounts
  • Legal fees to address fraud
• Punitive Damages (Rare)
  If the facility’s actions were grossly reckless e.g., intentional abuse or willful neglect, punitive damages (O.C.G.A. § 51-12-5.1) may apply to punish and deter. These are rare, but our attorneys pursue them when warranted.

What are the Common Causes of Nursing Home Abuse in Atlanta, GA?

Nursing home abuse often stems from systemic issues or individual negligence, causing devastating harm. Common causes include:

• Understaffing: Overworked staff in Atlanta facilities lead to neglect, like untreated bedsores or dehydration.
• Inadequate Training: Untrained workers mishandle residents, causing injuries or medication errors.
• Negligent Hiring: Facilities failing to screen staff allow abusers to harm residents.
• Greed or Fraud: Staff or administrators exploit residents financially, stealing savings or valuables.
• Lack of Oversight: Poor management ignores signs of abuse or neglect.

Under Georgia law (O.C.G.A. § 31-8-80 et seq.), facilities are liable for harm caused by negligence or abuse. Our nursing home abuse lawyers investigate thoroughly, using state reports and witness testimony to prove fault.

Georgia Nursing Home Abuse Laws

Georgia’s nursing home abuse laws protect elderly and disabled residents from harm in facilities across Atlanta, Decatur, and beyond, ensuring their safety, dignity, and rights. The Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100 et seq.) guarantees residents the right to quality care, respect, and freedom from abuse, neglect, or exploitation. 

Violations, such as physical abuse, untreated bedsores, or financial theft, are actionable, allowing families to seek compensation for medical costs, emotional distress, or wrongful death (O.C.G.A. § 51-4-2). Facilities must maintain adequate staffing, proper training, and oversight to prevent harm, and failure to comply can result in liability.

The Georgia Elder Abuse Act (O.C.G.A. § 30-5-1 et seq.) strengthens protections by mandating reporting of suspected abuse and authorizing investigations by Adult Protective Services. Criminal penalties may apply for willful abuse or neglect (O.C.G.A. § 16-5-100), while civil claims address damages like pain and suffering (O.C.G.A. § 51-12-5). In cases of gross negligence, such as intentional harm in a Midtown facility, punitive damages may be pursued (O.C.G.A. § 51-12-5.1). Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33) requires swift action to preserve evidence like medical records or state inspection reports.

Navigating these laws is complex, especially when facing powerful nursing home corporations. At Wetherington Law Firm, our Atlanta nursing home abuse lawyers, led by Matt Wetherington, leverage deep expertise to hold facilities accountable. We investigate violations, collaborate with elder care experts, and fight for justice in courts from Fulton to DeKalb County. Don’t let abuse go unpunished. Call us at (404) 888-4444 or fill out our free consultation form today to protect your loved one and seek the compensation they deserve.

How to File a Nursing Home Abuse Lawsuit in Georgia

Filing a nursing home abuse lawsuit in Atlanta or across Georgia is a critical step to hold facilities accountable for harm to your loved one, whether from neglect in a Decatur home or abuse in a Midtown facility. The process is complex, but our Atlanta nursing home abuse lawyers at Wetherington Law Firm guide you every step of the way. Here’s how to proceed:

• Consult a Lawyer: Contact an experienced nursing home abuse attorney to evaluate your case. We offer free consultations, reviewing evidence like medical records or photos to assess violations of Georgia’s elder abuse laws (O.C.G.A. § 31-8-100 et seq.).
• Gather Evidence: Collect documentation, such as injury photos, facility logs, or state inspection reports. Report abuse to Georgia’s Adult Protective Services or Department of Community Health to trigger investigations.
• File the Complaint: Your lawyer drafts and files a legal complaint in a Georgia court, like those in Fulton or DeKalb County, outlining the abuse, negligence, or exploitation and citing damages.
• Discovery Phase: Both sides exchange evidence, including witness statements or expert testimony from Atlanta medical professionals, to build the case.
• Negotiate or Litigate: Many cases settle through negotiations with the facility’s insurers. If a fair settlement isn’t reached, our trial-tested team, with over $100 million in verdicts, fights in court.

Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33) demands swift action to preserve evidence and meet deadlines. Don’t face powerful nursing home corporations alone. Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today to start your lawsuit and seek justice for your loved one.

Contact Our Atlanta Nursing Home Abuse Attorney

After suspecting nursing home abuse, immediate legal action is essential to secure evidence like medical records, staff logs, and state inspection reports. These are critical for proving liability and the extent of harm, especially in complex abuse cases. Your nursing home abuse attorney uses this evidence to establish negligence or intentional harm, key to a strong claim. Time is of the essence. Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today.

Frequently Asked Questions

Can I pursue a claim if my loved one was partially responsible for their injuries in the nursing home?

Yes. Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) allows recovery if your loved one is less than 50% at fault, but compensation is reduced by their fault percentage. Our attorneys counter facility tactics that exaggerate blame.

What if the nursing home lacks sufficient insurance or assets?

If the facility is underinsured, we explore claims against parent companies, staff, or other liable parties. We also review your loved one’s insurance for additional coverage. We ensure you’re not left without recourse.

How long does a nursing home abuse claim take to resolve in Georgia?

Resolution timelines vary based on case complexity and whether litigation is needed. Many claims settle in months to a year if liability is clear. Complex cases may take longer. We prioritize efficiency while maximizing compensation.

Should I speak to the nursing home’s management or insurer after suspecting abuse?

Avoid direct contact without a lawyer. Statements may be used to weaken your claim. Let us handle all communications to protect your rights and avoid inadequate offers.

What evidence strengthens a nursing home abuse claim?

Strong evidence includes:

• Medical records documenting injuries or neglect
• Photos of physical harm or poor conditions
• Facility logs or state inspection reports
• Witness statements from staff or residents
• Financial records showing exploitation

What is Elder Abuse?

According to the Centers for Disease Control and Prevention, elder abuse is defined as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult. Elder abuse can take many forms, including:

• Physical Abuse
• Sexual Abuse
• General Negligence
• Emotional Abuse
• Financial Exploitation
• Abandonment / Isolation

When abuse occurs in an institution, such as a nursing home, an assisted-living community, or a long-term care facility, it can be harder for victims or families to know that abuse is occurring, and even harder to get help.  This is especially true where the patient has dementia or Alzheimer’s. Of the various types, the most common kind of elder abuse in nursing homes is neglect, which often results in serious physical injuries.

The Wetherington Law Firm accepts nursing home abuse and neglect cases nationwide.  Our team focuses on cases with broken bones, stage 3 bed sores, stage 4 bed sores, sexual assault, and falls resulting in serious injury or death.  Despite having more “obvious” injuries, these cases are much harder to pursue and obtain full compensation.  And we handle these cases exclusively on contingency, which means that we advance all expenses and you do not pay anything unless and until we win.

Atlanta Elder Abuse Attorney

Elder abuse in Atlanta and across Georgia, whether physical harm, neglect, emotional abuse, or financial exploitation in nursing homes, assisted living facilities, or private residences, strips vulnerable seniors of their dignity, safety, and financial security. From bedsores in a Decatur care facility to stolen savings in Buckhead, these injustices leave families grappling with guilt, medical costs, and emotional trauma. If your loved one has suffered elder abuse, our elder abuse attorney is here to fight for justice and recovery. 

At Wetherington Law Firm, led by Matt Wetherington, we leverage deep expertise in Georgia’s elder abuse laws (O.C.G.A. § 30-5-1 et seq.) to hold abusers and negligent facilities accountable. Time is critical due to Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33). Don’t let abuse go unpunished. Call our elder abuse lawyer at (404) 888-4444 or fill out our free consultation form today to protect your loved one.

Is Elder Abuse a Form of Medical Malpractice?

Where the injury to an elderly person was the result of a lapse in professional judgment by a medical professional, a claim for medical malpractice is appropriate.  Medical malpractice is a special form of negligence.  It is sometimes referred to as medical incompetence or medical negligence.  To recover for personal injuries in a medical malpractice suit, the injured person or their family must establish the basic elements of a tort:

1. The existence of a duty to act a certain way;
2. The failure to perform that duty;
3. Actual injuries; and
4. Proof that the injuries were proximately caused by the failure to perform a legal duty.

Georgia recognizes that medical professionals owe a duty to use that degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances.

In Georgia, medical professionals enjoy a presumption that their services were performed in an skillful manner. The person claiming an injury may overcome this legal presumption by introducing evidence that the physician (or other medical professionals) did not treat the patient in an ordinarily skillful manner.

In order for the victim or their family to show that the medical professional’s negligence caused someone’s injury, the victim or their family must present expert testimony.  Expert testimony means that another medical professional in the same or a similar practice area must review the facts and determine that there was a deviation of the standard of care.

Who Can You File Suit Against for Nursing Home Abuse or Neglect?

Where there is proof that elder abuse occured, there are several potential parties that you can recover money from.  Although the specifics vary by state and this is a complicated area of law, the following parties must be considered:

The Individual Nurses Involved in the Care and Treatment

These are the individuals who are directly responsible for taking care of a patient.  As the first line of defense, the nurses are responsible for day to day and minute to minute care of our loved ones.  Where a nurse fails to comply with the applicable standard of care, he or she may be directly responsible for the injuries caused.

The Doctor(s) Responsible for the Patient

The plan of care for an elderly patient is generally established and monitored by a professional doctor.  Where that doctor fails to put an appropriate plan in place or fails to change the plan as circumstances merit, he or she may be legally responsible for damages.  Even where a nurse performs the actual negligent act or omission, if the nurse was acting under the direction of a doctor, the doctor will be responsible.

The Nursing Home

If a negligent nurse or doctor is an employee of a nursing home, the nursing home itself is typically responsible for the damages caused by the employee.  Whether a person is an employee is a more complicated legal question than it may appear.  Typically, nurses and support staff are nursing home employees.  As long as the employee is acting within the course and scope of his or her employment, the injured person or their family can usually sue the nursing home for resulting damages. For example, if a nurse employed by a nursing home fails to rotate a patient and the patient develops stage four bed sores, the nursing home can be sued.

However, there are several exceptions to this general rule.  For example, if a doctor makes a mistake and injures a patient while working in a nursing home, the nursing home will not be liable for the doctor’s mistake unless the doctor is an employee which is uncommon.  Similarly, if a nursing home employee commits malpractice while under a doctor’s supervision, the victim or their family can file suit against the doctor, but the nursing home may not be responsible.

This is an area of law that is extremely complicated and nursing homes intentionally make the question difficult to answer.  This is why every nursing home abuse case requires the careful review by an experienced attorney, like Matt Wetherington.

How to Hire the Best Nursing Home Abuse and Neglect Lawyers in Atlanta

Hiring a medical malpractice lawyer is one of the most important financial decisions you can ever make.  There are a number of attorneys who hold themselves out as “experts” who have never tried a case to verdict or even settled a claim involving medical malpractice.  It is important that you ask any prospective attorney about his or her experience with medical malpractice lawsuits, specifically with regard to the medical specialty at issue in your case.

Call or email us today for a free consultation.  If we accept your case, it will be on contingency.  That means that you do not pay anything up front and only pay us if we win your case.  If we do not accept your case, we will help you find a lawyer who can.  We generally only accept cases involving significant injuries.  However, we know many good medical malpractice attorneys and will make sure that you do not have to search around for someone to accept your case.

We are currently evaluating nursing home abuse and neglect cases in the following areas:

Nursing Home Neglect

Elder neglect is broad and can be the result of many actions or inactions. Neglect can be the failure to meet essential needs like food, hygiene, medical care, and shelter; the failure to protect the elder from harm or unsafe environments; or emotional isolation. Some warning signs of neglect include bedsores, falls, and elopement.

Bedsores

Bedsores, or pressure ulcers, are injuries to the skin and underlying tissue that result from prolonged pressure on the skin. They are typically very painful and can cause serious complications such as infections and life-threatening issues. Areas most susceptible to bedsores are the heels, ankles, hips, and tailbone.

People most at risk of developing bedsores are those with a medical condition that limits their ability to change positions or those who spend most of their time in a bed or chair. It is vital that this individual is moved and repositioned often to avoid these from happening. It is also necessary for skin to be kept clean and dry and to be inspected daily. Should your loved one mention pain or swelling, or you notice redness or drainage, it is crucial to seek medical attention right away and then look further into the possibility of neglect.

Falls

According to recent reports from the CDC, falls are the leading cause of injuries and death in people ages 65 and older in the U.S. While falls among older adults do occur accidentally, falls that happen in nursing homes are often preventable given that the correct equipment and attention is put into place. Unfortunately, things like slippery floors, improper footwear, floor obstacles, and issues such as lack of bedrails are seen quite often in facilities.

It is important to note that even if the fall could not have been prevented, how the nursing home responds to the incident can also be viewed as neglect, for example, if the resident is left on the ground for some time before assistance is offered by staff.

Elopement

According to state law, nursing homes must take adequate measures to reasonably prevent foreseeable harm to residents, including the possibility of wandering off, known as elopement. In order for the incident to qualify as foreseeable, the facility must have had notice that the resident might wander and lacked putting the proper preventative safety measures in place.

Nursing homes owe specific duties of care to elderly residents as well as their family members who have given them their trust. Should injury, emotional distress, or death occur, it is well within your right to seek compensation.

By Enlisting the Services of the Wetherington Law Firm, You Have the Power to Create a Lasting Positive Impact on the Lives of Others

The most crucial service we offer to our clients is securing full and total recompense. Getting justice involves protecting the general population as well as making sure that other persons are protected. To identify the underlying factors that lead to risky situations, we routinely collaborate with law enforcement, local and state elected officials, state legislators, and federal agencies. This frequently results in the discovery of harmful trends or behavioral habits that need to be altered.

Many of our clients have made the decision not to let their wounds define them and instead to act as a source of inspiration for others. The efforts of our client have prevented MILLIONS of people from suffering major harm or even death, whether through legislation, refusal to settle until reforms are made, or just by telling their story. It will make every day of your recuperation a little bit better if you can stop even one more person from getting hurt or injured by the same issue. We value you as a person and will cooperate with you in any way you choose to contribute to the safer and betterment of the planet. Call us right now to begin.