Georgia Nursing Home Laws

Georgia Nursing Home Injury Law | Nursing Home Attorney

Nursing Home Negligence or Abuse

Statute of Limitations Ga. Code Ann. §9-3-33

  • Two years from when the injury was discovered, or reasonably should have been discovered.
  • Claims for loss of consortium must be brought within four years. O.C.G.A § 9-3-33

Medical Malpractice

Statute of Limitations Ga. Code Ann. § 9-3-71(a)

  • Two years from date of death or injury.
  • No action can be brought more than five years after injury occurred.
  • In cases where a foreign object is involved, case must be filed within one year of discovery of the object.

Damage Caps O.C.G.A. § 51-12-5.1(f)

  • $250,000 cap on punitive damages unless drugs or alcohol or intentional harm are involved.

Wrongful Death

Statute of Limitations Ga. Code Ann. §9-3-33

  • Two years from date of death.
  • In most medical malpractice cases, the statute of repose is five years after the date that the negligent or wrongful act or omission occurred. O.C.G.A § 9-3-71

Damages Caps Ga. Code Ann. §51-13-1

  • No caps.
  • Punitive damages are not available for claims brought under the wrongful death statute.
  • However, recovery under the survival statute is limited to medical and other necessary expenses resulting from the decedent's death-causing injury. If there is evidence of conscious pain and suffering, the estate may recover for this damage and for punitive damages.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.