How Facilities in Georgia Often Try to Avoid Accountability
When families place a loved one in a nursing home or assisted living facility, they trust that the staff will provide attentive care, respect, and dignity. Unfortunately, some nursing homes break that trust, allowing neglect or abuse to occur. Even more troubling is how often these facilities try to escape responsibility once serious harm has happened.
At Johnson Greer Law Group, we have spent decades advocating for families in Decatur and throughout Georgia when vulnerable residents face abuse or neglect in nursing homes. Our nursing home abuse attorneys have seen countless tactics used by facilities and their insurance companies to avoid paying for the damage they have caused. Knowing these common strategies can help you protect your loved one and hold negligent parties accountable.
1. Shifting Blame to the Resident’s Health Problems
One of the most common defenses nursing homes use is to blame the resident’s existing health conditions. They might argue that the injuries were simply part of aging or that complications were inevitable because of chronic illnesses.
For example, if a resident develops severe bedsores, the facility may try to say the wounds were unavoidable due to the person’s diabetes or limited mobility. While underlying conditions can make care more complicated, they do not excuse negligence. Nursing homes still have a legal duty to turn patients, monitor skin integrity, and take steps to prevent serious harm.
2. Downplaying or Hiding Evidence of Neglect
Some facilities try to cover up signs of abuse or neglect. Staff members might fail to document incidents accurately or leave out critical details in medical records. In extreme situations, employees may falsify charts to make it look like a resident received care when they did not.
Families sometimes only discover the truth after repeated problems or a major injury. Our attorneys know how to dig deeper. We look for inconsistencies in records, speak to former staff, and work with medical experts to reveal what really happened behind closed doors.
3. Claiming the Family Was Responsible
Nursing homes may also attempt to blame family members for a resident’s decline. They could argue that the family did not bring certain health problems to their attention quickly enough or that relatives missed warning signs during visits.
These claims are often designed to intimidate families into backing down. The reality is that nursing facilities are trained and paid to monitor residents’ health daily. They are required to notice problems and intervene long before they become life-threatening.
4. Using Arbitration Agreements to Limit Your Options
It is increasingly common for nursing homes to require new residents or their families to sign arbitration agreements upon admission. These agreements often stipulate that any disputes regarding care will be resolved by a private arbitrator, rather than a court. This can limit your ability to file a lawsuit or have your case heard by a jury.
Many families sign these papers without fully understanding the consequences. While arbitration clauses do not necessarily block all claims, they can make pursuing justice more complicated. If your loved one was harmed, our lawyers can review any agreements to see how they might affect your case and look for ways to challenge their enforceability.
5. Delaying Investigations and Responses
Another tactic nursing homes use is to slow down the process. By delaying internal investigations, refusing to release records promptly, or stalling communications with insurance companies, they hope families will give up out of frustration.
In Georgia, time is not on your side. The statute of limitations for most nursing home abuse or neglect cases is two years. That is why it is critical to start building your case right away. The sooner you get experienced attorneys involved, the sooner important evidence can be secured and preserved.
6. Relying on Complex Regulations to Confuse Families
Nursing homes are regulated by a mix of state and federal laws, which can be overwhelming to navigate. Facilities sometimes use this to their advantage, making vague references to regulations or internal policies that supposedly excuse their actions.
But legal responsibility is clear: nursing homes must provide adequate care and keep residents safe. They cannot use complicated rules to justify neglect. Our legal team understands these regulations inside and out. We work to cut through misleading excuses and prove when standards of care were violated.
Why Holding Nursing Homes Accountable Matters
Standing up to a negligent facility is about more than just one case. When families demand accountability, they help protect other residents from suffering similar harm. A successful claim can also provide crucial financial support to cover medical treatment, rehabilitation, and other costs that come with a serious injury.
At Johnson Greer Law Group, we are committed to restoring dignity to victims and helping families move forward. We investigate thoroughly, consult trusted experts, and prepare each case as if it will go to trial. That dedication often leads to fair settlements, but if needed, we will take your fight to court to seek full justice.
If you suspect a nursing home or assisted living facility harmed your loved one, do not wait. Contact Johnson Greer Law Group today for a free consultation with an experienced Georgia nursing home abuse lawyer. We represent families throughout Atlanta and all of Georgia, and we know how to expose the tactics facilities use to try to dodge responsibility. Let us listen to your story and explain how we can help. Together, we can hold negligent nursing homes accountable and fight for the compensation and answers your family deserves.
"George Johnson is one of the good lawyers. Upstanding, considerate, and will always make sure your case is handled with the care and trust you deserve. You can depend on George to be attentive to your case and, more importantly, attentive to your family. He will fight hard for justice and also work with both parties to come to a fair resolution. You can depend on George to be on your side." — Jennifer O., ⭐⭐⭐⭐⭐