Atlanta Nursing Home Abuse Lawyer
An Atlanta nursing home abuse lawyer investigates whether a nursing home, assisted living community, or its staff caused a resident’s injury or death, and pursues compensation for the resident and family under Georgia law. Holbert Law represents residents and families in Atlanta and throughout Georgia in cases involving bedsores, falls, medication errors, infections, assault, and wrongful death. If you are asking whether your family has a case, our guide on whether you can sue a nursing home in Georgia for neglect explains what has to be proven. Consultations are free, and there is no attorney fee unless we recover for you. Call 404-850-4878 or use the form below.
Why Atlanta Families Choose Holbert Law
- We know how nursing homes defend these cases. Before representing families, Bill Holbert defended nursing homes, hospitals, and healthcare providers at one of Atlanta’s largest law firms. Read why that defense experience matters.
- Practicing in Georgia since 1996. Bill is admitted in Georgia state courts and the U.S. District Courts for the Northern and Southern Districts of Georgia.
- Recognized trial work. Bill has been named to the National Trial Lawyers Nursing Home Top 10 for Georgia.
- A dedicated nursing home abuse practice. Our work on this site centers on nursing home abuse, neglect, assisted living negligence, and related wrongful death claims.
- No attorney fee unless we recover. We handle qualifying cases on a contingency-fee basis. Here’s what to look for when choosing a nursing home abuse attorney.
Selected Nursing Home Case Results
- $4 million settlement for a medication error
- $3 million settlement for a resident who wandered from a facility*
- $2 million settlement for a resident misdiagnosis*
- $1.8 million verdict for a resident who rolled out of bed*
- $1.5 million settlement for a resident-on-resident assault
- $1 million settlement for a staff assault of a resident
*Result achieved while affiliated with PMHP Law. Past results do not guarantee a similar outcome in your case; every case depends on its own facts. See all case results.
Signs of Nursing Home Abuse and Neglect
Abuse and neglect often show up as changes a family notices during visits. Common warning signs include:
- Physical abuse: unexplained bruises, cuts, fractures, or burns, or injuries staff can’t consistently explain.
- Neglect: bedsores, poor hygiene, dehydration, malnutrition, or sudden weight loss.
- Emotional abuse: withdrawal, fearfulness around certain staff, or sudden changes in behavior.
- Medical neglect: untreated infections, medication errors, or a failure to monitor changes in condition.
- Sexual abuse: unexplained genital injuries, infections, or torn or stained clothing. Learn more about sexual abuse in nursing homes.
- Financial exploitation: missing money or belongings, or unexplained account withdrawals.
Use our nursing home abuse warning signs checklist to document what you see during visits, or read more about the most common signs of abuse and neglect in Georgia.
How We Build an Atlanta Nursing Home Case
- Get the records. We obtain medical charts, care plans, medication records, incident reports, and staffing records. See how families can request nursing home records in Georgia.
- Investigate what happened. We compare the records against what the family saw, interview witnesses, and review the facility’s inspection history and prior citations.
- Consult medical experts. When a claim involves professional negligence by a nurse or other licensed professional, Georgia generally requires an expert affidavit filed with the complaint (O.C.G.A. § 9-11-9.1). [CONFIRM]
- Prove negligence. We show that the facility owed a duty of care, breached it, and caused the resident’s injuries or death. Read how nursing home abuse is proven in Georgia.
- Pursue full compensation. We negotiate with the facility and its insurers and prepare every case for trial.
Learn more about how a nursing home abuse lawyer in Atlanta can help your family.
Georgia Laws That Protect Atlanta Nursing Home Residents
Several state and federal laws set the standard of care Atlanta facilities must meet:
- Georgia’s Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100 et seq.) protects residents’ rights to adequate care, dignity, and freedom from abuse and retaliation.
- Georgia’s Disabled Adults and Elder Persons Protection Act (O.C.G.A. § 30-5-1 et seq.) addresses abuse, neglect, and exploitation of older adults.
- Federal nursing home regulations (42 C.F.R. Part 483) apply to facilities that accept Medicare or Medicaid.
For a full breakdown, read our guide to nursing home laws and regulations. You can also check any Atlanta facility’s inspection history, staffing data, and star rating on Medicare Care Compare.
Meet Our Atlanta Nursing Home Abuse Attorneys
William “Bill” F. Holbert – Founder and Trial Attorney
Bill Holbert has practiced law in Georgia since 1996. Before founding Holbert Law, he defended nursing homes, hospitals, physicians, and healthcare organizations at one of Atlanta’s largest firms. He now uses that experience to anticipate defense strategies and build evidence-driven cases for residents and families. Bill earned his J.D. from Emory University School of Law and his B.A. with honors from Wake Forest University, and he is a member of the Georgia Trial Lawyers Association.
Joan Woolley – Nursing Home Abuse Attorney
Joan Woolley handled complex litigation involving long-term care facilities at an Atlanta firm before joining Holbert Law. Her cases include physical abuse, neglect, medication errors, and wrongful death. Joan earned her J.D. from Georgia State University College of Law, is a member of the Georgia Trial Lawyers Association, and is admitted to practice in Georgia state courts and the U.S. District Court for the Northern District of Georgia.
Bill and Joan lead a team that handles cases for families across metro Atlanta and Georgia.
What Our Atlanta Clients Say
“I would absolutely recommend any of my family or friends to Bill Holbert and Joan Woolley. They are highly experienced, extremely knowledgeable, compassionate, and they treat their clients as individuals, not file names.”
— Google review
Read more client reviews.
Types of Nursing Home Abuse Cases We Handle
- Bedsores and pressure ulcers: often a sign of neglect and can lead to serious infections if untreated.
- Falls and fractures: caused by failures to assess fall risk or supervise residents.
- Medication errors: overmedication, missed doses, or the wrong drug.
- Infections and sepsis: including UTIs and pneumonia linked to poor hygiene or delayed treatment.
- Choking injuries: from inadequate supervision during meals or ignored dietary orders.
- Wandering and elopement: when a resident leaves a facility unsupervised.
- Sexual abuse: by staff, visitors, or other residents.
- Wrongful death: when abuse or neglect leads to a resident’s death.
Frequently Asked Questions About Nursing Home Abuse in Atlanta
How Long Do I Have to File a Nursing Home Abuse Claim in Georgia?
In most cases, you have two years to file a nursing home abuse or neglect lawsuit in Georgia (O.C.G.A. § 9-3-33). For an injury, the clock usually starts on the date of the injury. For a wrongful death claim, it usually starts on the date of death. Claims treated as medical malpractice also face a five-year outer limit (O.C.G.A. § 9-3-71). Filing a complaint with the state does not pause these deadlines. Read more about Georgia's statute of limitations for nursing home abuse claims, or contact us to confirm the deadline in your case.
What Compensation Can My Family Recover for Nursing Home Abuse in Atlanta?
Compensation depends on whether your loved one survived. An injured resident can recover medical expenses and pain and suffering. When a resident dies, Georgia law allows two claims: a wrongful death claim by the family for the full value of the resident's life, and a separate estate claim for medical bills, funeral costs, and the pain the resident suffered before death. Punitive damages may be available when a facility's conduct was willful or showed conscious indifference, and Georgia generally caps them at $250,000 (O.C.G.A. § 51-12-5.1). See our guides to the types of damages available and what a nursing home neglect case is worth in Georgia.
Can You Sue a Nursing Home in Georgia for Neglect?
Yes. You can sue a Georgia nursing home when its staff failed to provide reasonable care and that failure caused your loved one's injury or death. Common examples include untreated bedsores, preventable falls, medication errors, and dehydration. The claim may be brought against the facility, its management company, or individual staff. Holbert Law handles these cases on a contingency-fee basis, so there is no attorney fee unless we recover. Read our full guide: Can you sue a nursing home in Georgia for neglect?
What If My Loved One Signed an Arbitration Agreement When They Entered the Nursing Home?
An arbitration agreement doesn't necessarily end your family's case. Many Atlanta nursing home admission packets include one, but federal rules bar facilities that accept Medicare or Medicaid from requiring residents to sign an arbitration agreement as a condition of admission. Whether an agreement can be enforced may also depend on who signed it and whether that person had legal authority to sign for the resident. Keep a copy of every admission document and have our attorneys review it before assuming you can't go to court.
Who Can File a Nursing Home Abuse Claim in Georgia?
If the resident is living, the resident can bring the claim, often through a guardian or someone holding power of attorney. If the resident has died, Georgia's wrongful death law sets the order: the surviving spouse first, then the children if there is no spouse, then the parents, and then the personal representative of the estate (O.C.G.A. §§ 51-4-2, 51-4-4, 51-4-5). The estate's representative brings the separate claim for medical and funeral costs. If you aren't sure who should file, talk with our team.
How Can I Check an Atlanta Nursing Home's Inspection Record?
Search the facility on Medicare Care Compare, which lists star ratings, staffing levels, and past inspection results for Medicare- and Medicaid-certified nursing homes. Look for repeat citations for the same problem, especially involving abuse, falls, or pressure ulcers. The Georgia Long-Term Care Ombudsman at (866) 552-4464 can also answer questions about a specific facility. Our guide on how to choose a safe nursing home covers what to look for in more detail.
Visit our nursing home abuse FAQs for more answers about your legal options in Georgia.
Nursing Home Abuse Resources for Atlanta Families
Our attorneys write these guides to help families understand their rights, spot warning signs, and know what to do next.
What to Do If You Suspect Nursing Home Abuse in Atlanta
- Call 911 if your loved one is in immediate danger.
- Document what you see. Write down dates, times, injuries, and staff explanations, and take dated photos.
- Report it to the state. Call the Georgia Department of Community Health’s Healthcare Facility Regulation Division at 1-800-878-6442. The Georgia Long-Term Care Ombudsman at (866) 552-4464 provides free advocacy for residents. See our step-by-step guide on how to report nursing home abuse in Georgia.
- Request your loved one’s records. Records can be lost or changed over time, so ask early.
- Talk to a lawyer before the deadline passes. A state complaint does not pause Georgia’s filing deadline, which is generally two years.
Considering a move to a different facility? Our guide on how to choose a safe nursing home explains what to check first.
Contact Our Atlanta Nursing Home Abuse Lawyers
Holbert Law represents nursing home residents and families throughout metro Atlanta, including Fulton, DeKalb, Cobb, Gwinnett, and Clayton counties, and across Georgia. Call 404-850-4878 or complete our contact form for a free, confidential consultation.
Holbert Law
3379 Peachtree Rd. NE, Ste. 200
Atlanta, GA 30326
(404) 850-4878
This page provides general information and is not legal advice. Contacting Holbert Law does not create an attorney-client relationship. Georgia laws and deadlines change, and the rules that apply to your family depend on the facts of your case.