What Is a Nursing Home Abuse Case?

Nursing home neglect can be just as deadly as physical abuse. Understaffing, dehydration, malnutrition, and failure to provide medical care are actionable forms of neglect. Our attorneys hold negligent facilities accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Nursing Home Neglect Lawyers in Georgia & South Carolina

While physical abuse grabs headlines, nursing home neglect is far more common — and equally deadly. Neglect occurs when a facility fails to provide the care, supervision, and services necessary to maintain a resident’s health and safety. The U.S. Department of Health and Human Services Office of Inspector General has found that neglect is the most frequently substantiated form of nursing home maltreatment, affecting hundreds of thousands of residents each year.

At Roden Law, our nursing home neglect attorneys represent families throughout Georgia and South Carolina whose loved ones have suffered harm due to substandard care. We investigate staffing levels, care plans, medical records, and facility inspection histories to build powerful cases against negligent nursing homes.

Common Forms of Nursing Home Neglect

Neglect in nursing homes takes many forms, all stemming from a facility’s failure to meet its duty of care:

  • Malnutrition and dehydration: Failure to provide adequate meals, assist residents who cannot feed themselves, or monitor fluid intake — leading to dangerous weight loss, organ failure, and death
  • Bedsores (pressure ulcers): Failure to regularly reposition immobile residents, resulting in painful and potentially life-threatening pressure ulcers
  • Falls: Failure to implement fall prevention measures for at-risk residents, including bed alarms, non-slip flooring, proper footwear, and adequate supervision
  • Medication mismanagement: Failure to administer medications on schedule, at correct dosages, or at all — or administering medications to the wrong resident. See our medication error nursing home page for more information.
  • Hygiene neglect: Failure to bathe residents, change soiled clothing or bedding, and maintain basic hygiene — leading to infections, skin breakdown, and loss of dignity
  • Medical care neglect: Failure to recognize symptoms, notify physicians, follow care plans, or arrange timely transfers to hospitals for acute conditions
  • Wandering and elopement: Failure to supervise residents with dementia, allowing them to wander into dangerous areas or leave the facility entirely

Understaffing: The Root Cause of Most Neglect

The majority of nursing home neglect stems from one root cause: inadequate staffing. When facilities employ too few certified nursing assistants (CNAs), nurses, and other caregivers, residents do not receive the attention they need. Federal regulations under the Nursing Home Reform Act (OBRA 1987) require facilities to provide “sufficient” staffing, but enforcement is inconsistent.

Georgia’s nursing home licensing requirements under O.C.G.A. § 31-8-1 et seq. mandate minimum standards of care and staffing. South Carolina’s S.C. Code § 44-7-110 et seq. (State Certification of Need and Health Facility Licensure Act) establishes similar standards. Violations of these statutes can serve as evidence of negligence per se.

Proving Nursing Home Neglect

Our attorneys build neglect cases using multiple sources of evidence:

  • CMS inspection reports: Federal and state inspection results are public record and often document prior deficiencies, including understaffing and care failures
  • Medical records: Gaps in charting, missed medications, undocumented weight loss, and ignored physician orders all indicate systemic neglect
  • Staffing records: Actual staffing levels compared to census data and federal/state requirements
  • Care plans vs. care delivered: Comparing what the care plan prescribed with what the resident actually received
  • Expert testimony: Geriatric medicine specialists and nursing standards experts who can establish the standard of care and how the facility fell short

Compensation for Nursing Home Neglect Victims

Victims of nursing home neglect may recover medical treatment costs, pain and suffering, emotional distress, diminished quality of life, and punitive damages where the neglect was willful or the result of corporate cost-cutting. Wrongful death claims are available when neglect results in death, as is tragically common with malnutrition, dehydration, and untreated infections.

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What to Do After Nursing Home Abuse

  1. Make sure the resident is safe, then get an independent medical evaluation. Call 911 if anyone is in immediate danger. Where you can, have the resident examined by a provider who is not employed by the facility — an outside record of the injury is far harder to dispute later.
  2. Photograph everything today, and keep photographing. Injuries, bruising, pressure sores, bedding, the room, and where the call button actually sits. Date every photo. Wounds heal or worsen and conditions get quietly corrected long before anyone investigates.
  3. Report it to the facility in writing and ask for the incident report. A verbal complaint to a nurse or aide leaves no trace. Put it in writing, keep a copy, note who you gave it to and when, and request the facility's own incident report.
  4. Report it to the state as well. In Georgia, the Healthcare Facility Regulation Division of the Department of Community Health licenses and investigates long-term care facilities; in South Carolina, the state agency that licenses the facility does. Either state can also be reached through the Long-Term Care Ombudsman and Adult Protective Services. Reports may be made anonymously, and a state investigation creates a record independent of the facility.
  5. Request the complete records in writing. Not just the chart — medication administration records, care plans, fall and wound assessments, and staffing schedules. Staffing levels are frequently where these cases are won, and those records are retained the shortest.
  6. Do not sign anything the facility puts in front of you. Admission packets routinely contain arbitration agreements that give up the right to a jury trial, and paperwork offered after an incident can release the claim entirely. Have anything you are asked to sign reviewed first.
  7. Talk to an attorney before the trail goes cold. Georgia requires an expert affidavit filed with the complaint in a professional negligence case (O.C.G.A. § 9-11-9.1), and South Carolina requires a Notice of Intent to File Suit with an expert affidavit before suit (S.C. Code § 15-79-125). Both take time to prepare, and both run against a deadline. Roden Law offers free consultations.

Proving Your Nursing Home Neglect Case

To win a personal injury case involving nursing home abuse, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Nursing Home Neglect Cases

Victims of nursing home abuse injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Nursing Home Neglect Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Nursing Home Neglect Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Nursing Home Neglect Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.