Can I sue a nursing home for wrongful death in Georgia?
Our Decatur personal injury lawyers can be your voice for justice
The death of a loved one can be an upsetting experience under any circumstances. If your loved one died because of nursing home abuse and neglect in Georgia, the flood of emotions can be overwhelming. You may be angry, confused, or frustrated. Even knowing what your rights are might not be clear.
One of the questions we often hear at Kurle Justus, LLC in these situations is, “Can I sue a nursing home for wrongful death in Georgia?” The short answer is yes, but it is important to understand what wrongful death means in terms of abuse or neglect in a nursing home. That’s why it’s important to talk with an experienced Georgia nursing home abuse attorney at our firm.
We can explain your rights and your legal options. We can then work with you to build the strongest possible legal case. Our lawyers have extensive experience dealing with these cases throughout Georgia. One of our attorneys even worked in the healthcare field for 10 years before becoming a lawyer. You don’t have to suffer in silence. We can be your voice for justice.
What is the leading cause of death in nursing homes?
The leading causes of death in nursing homes are pneumonia and related respiratory tract diseases, including seasonal flu and COVID-19. Diagnosing pneumonia in nursing home residents can be difficult because they may not develop certain symptoms typically seen in younger patients, such as fever, chills, and chest pain. That’s why nursing homes need to carefully monitor residents and take proactive steps to diagnose respiratory tract disease.
Many nursing home residents develop infections that threaten their health. These infections can include urinary tract infections (UTIs), antibiotic-resistant staph infections, diarrheal diseases, and bedsores. When the body fights an infection, it releases chemicals into the bloodstream which can lead to sepsis. Inflammation occurs throughout the body, blood pressure can drop and vital organs can fail, resulting in death.
Falls are another leading cause of fatalities in nursing homes. Residents often have limited mobility and can fall due to slippery floors, uneven surfaces and obstacles in walkways. Malnutrition and muscle weakness can increase their risks of falls. Deaths can also be caused by medication errors, such as administering the wrong medication or the wrong dosage.
All of these causes can be a direct result of nursing home abuse or neglect.
Can I take legal action against a nursing home for a wrongful death?
Wrongful death is a legal term used to describe the death of someone due to another person’s reckless or negligent actions. In terms of nursing home abuse or neglect, anything the nursing home does (or does not do) which results in your loved one’s death may be considered a wrongful death.
In Georgia, your family has the right to file a wrongful death lawsuit if your loved one dies in a nursing home due to abuse or neglect. This might sound straightforward, but nursing home wrongful death cases often turn out to be complicated legal cases.
The reason why? Many nursing homes often deny doing anything wrong. Instead, they often claim that the death was the result of natural causes. That’s because they want to do anything to avoid a wrongful death lawsuit, which could cost them a significant amount of money.
How much time do I have to file a nursing home wrongful death lawsuit?
It’s also important to remember that you only have a limited amount of time to file a wrongful death lawsuit in Georgia in connection with your nursing home abuse or neglect case. State law limits the amount of time you have to file a wrongful death lawsuit to two years.
This deadline (known as the statute of limitations) might seem like a long time, but the sooner you take legal action, the better. That’s because the evidence you need to build a strong case can disappear over time. This evidence can include:
- Medical charts
- Medication bottles
- Eyewitness testimony
- Nursing home inspection reports
- Cleaning schedules
Sometimes, this evidence gets lost. Other times, nursing homes intentionally destroy this evidence. Either way, we can thoroughly investigate your case and demand the justice your family deserves.
Your family has rights. Contact our Decatur wrongful death lawyers.
Don’t underestimate the complexity of your legal case. What might seem like a straightforward wrongful death claim can quickly turn into something much more complicated. Get the support your family deserves after your loved one’s death. Contact our law firm and schedule your free case evaluation with a Georgia wrongful death attorney who put your needs first. We can meet with you in our Decatur office, in your home, virtually via video chat or wherever’s convenient for your family.