(678) 990-1584
Atlanta's Top Nursing Home Abuse Lawyer
Georgia's Nursing Home Abuse Lawyer

Nursing Home Abuse

Entrusting the care of a loved one to a nursing home can be a tough decision. You want to know that your loved one is safe and receiving the very best care. Tragically, some are not so fortunate.

Elder Abuse

Nursing home abuse and neglect are all too common in some facilities and include physical, emotional, and psychological abuse such as the following:

  Unexplained injuries or bruises
  Bedsores and infections
  Dehydration and malnutrition
  Over- or under-medicating
  Unsanitary living conditions
  Falls, dislocations, and fractures
  Negligent supervision
  Financial abuse and exploitation
  Rapid weight loss or gain

Nursing home abuse is often the result of the following:

  Negligent personal supervision and care
  Negligent hiring and retention of employees
  Negligent maintenance of the premises
  Negligent selection or maintenance of equipment
  Understaffed nursing homes
  Unqualified employees
  Overworked employees
  Caregiver stress or frustration

Battling nursing home abuse

If your loved one has suffered abuse or neglect at the hands of nursing home staff, we can help. Demonstrating negligence can be challenging. We know how to build a case that proves the nursing home staff or administration is negligent.

Duty and breach of duty:

A plaintiff suing a nursing home may need to provide expert medical testimony about what is or is not a proper practice, treatment or procedure in a given situation, unless the lack of care or skill by the nursing home is evident to the average person who would comprehend it based on his or her common knowledge and experience. For instance, if a nursing home administrator is alleged to have failed to exercise care in maintaining the nursing home facility, that issue will likely not require expert testimony, whereas a nurse's treatment of a patient's condition might.

Statutory standard of care:

Many states have enacted statutes or regulations that establish certain minimum standards of care for private nursing homes. Even if a nursing home can show it complied with minimum licensing standards, however, it may still be liable for a resident's injuries. For these reasons, it is important to have an attorney research the applicable standard of care, licensing requirements, and other regulations in your area.


A frequent issue in nursing home litigation is whether the resident's injury was inevitable due to his or her preexisting poor health, medical complications, mental condition, or advanced age and not any negligence on the part of the nursing home. This argument should not deter a resident who believes a nursing home caused his or her injury from filing suit. There is a well-established rule of law that a nursing home takes its patients as it finds them, preexisting conditions and all. Thus, the fact that a resident's injury may have been exacerbated, or harder to treat, because of a preexisting physical or mental condition does not relieve the defendant of liability.

Defense considerations:

In negligence actions, nursing homes are entitled to assert the defenses that are available in most negligence cases, such as the contributory negligence of the injured party and assumption of a known risk. However, in some cases, such as where a person has placed him or herself into a nursing home specifically because he or she needed to be protected from the effects of certain medical conditions, the defense of contributory negligence may not be allowed.

Contact Alpharetta Attorney,
Robert S. Windholz, LLC Today

If you or a loved one has been injured in a nursing home, you may be entitled to money damages for the harm caused. Based in Alpharetta, we have represented victims of personal injury and wrongful death throughout Atlanta and North Georgia since 1973. Contact us today for a free phone consultation regarding your personal injury case.


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Grace and Carlton Parkinson v. West Paces Ferry Hospital, (1989) $4,088,536 Verdict

Young v. Beers Construction et al, (2003) $1,500,000 Fulton State Court, Mediated result

Laird v. Pensky, Bronx, NY. $1,200,000 Settled During Trial, Plaintiff Determined More than 50% at Fault

Clinard v. Morgan Southern Trucking, (1997) $550,000 Settlement

Hobrook v. Hartsock, Forsyth County, (2000) $192,500 during litigation

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Bob Windholz, Attorney at Law | www.robertswindholz.com | (678) 990-1584
4455 Lower Roswell Road, Marietta, GA 30068



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