When a loved one’s health begins to deteriorate due to age, they might need specialized care. For this reason, you may opt to send them to a nursing home. But what happens if the nursing home fails in its duty of care for your beloved leading to preventable injuries and illness?
Injuries are not uncommon in nursing homes. If your loved one’s injuries are attributable to the caregiver’s negligence, you may pursue the facility for damages through a nursing home neglect lawsuit.
Instances when you can sue the facility for negligence
Not all nursing home injuries or illness qualify warrant legal action. Here are some of the instances when you can sue the nursing home for negligence:
- When the caregivers fail to take precautions to protect a resident from a hazardous situation
- When the facility provides substandard care that results in the resident’s illness or injury
- When the facility hires unqualified caregivers
- When the facility is understaffed leading to inadequate care
How much time do you have to sue the nursing home for negligence?
Like all legal actions, it is important that you file your civil claim against the nursing home within Georgia’s statute of limitations period. This is usually two years from the date of your loved one’s injuries or diagnosis of their illness.
Possible exceptions to the statute of limitations
Certain exceptions may affect your filing deadline. These include:
- When the facility conceals the injury or the facts around the negligent actions that lead to the injury or illness
- When the abuse leaves the victim mentally incapacitated
- When the injury takes long to manifest
- When the facility is owned by a government entity
Elder abuse in the nursing home can be unsettling, to say the least. Knowing your legal options can help you pursue justice on behalf of your loved one and hold the nursing home accountable.