Who can file a lawsuit against a nursing home?



Who may bring a lawsuit against a nursing home will depend on the status of the resident.

If the resident died because of the injuries, then a ‘wrongful death’ claim may be made against the nursing home. Wrongful death is the legal term used in Georgia to describe death caused by the negligent, intentional, or otherwise wrongful conduct of another person or company.  

In a wrongful death case, specified survivors of the deceased, usually a spouse or the children, make a claim for the full value of life. So, for example, the amount of money that is commiserate with the remaining years of the resident’s life. Also, the estate of the resident may bring a claim for the medical bills, funeral expenses, and any pain and suffering that occurred prior to the death.

If the resident is incapacitated, whether due to dementia or other disability, then another individual may bring the claim on the resident’s behalf. Most often, this person will be the individual named in the resident’s power-of-attorney or conservatorship documents.

In some instances, the resident is capable of acting on their own behalf. When that is the case, the resident may hire an attorney and go through the process of making a claim like any other.

Of course, there may be other claims available to the resident or the resident’s loved ones, depending on the facts of the case. If your loved one has been gravely injured or killed in in a nursing home, and you are wondering what types of claims may be brought against the nursing home or assisted living facility, then please do not hesitate, call and speak to one of our experienced Atlanta personal injury lawyers today.