Georgia

• 2 years with Discovery Rule. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 2 (Specific Periods of Limitation), § 9-3-33 – Injuries to the person; injuries to reputation; loss of consortium; exception)
• Medical malpractice – 2 years from date of death or injury, but no more than five years after the date on which the negligent act or wrongful act or omission occurred.  In cases involving a foreign object left in a patient’s body, the action must be brought within one year after the negligent or wrongful act or omission is discovered.  Minors have 2 years from age five if action arose before fifth birthday. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 4 (Limitations for Malpractice Actions), § 9-3-71 – General Limitation)

• $350,000 cap on non-economic damages awarded against all health care providers and a separate $350,000 cap on non-economic damages awarded against a single medical facility that can increase to $700,000 if more than one facility is involved. No more than $1.05 million can be awarded in a medical liability cause of action. (Ga. Code Title 51 (Torts), Chapter 13 (Recovery in Medical Malpractice Actions), §51-13-1 – Definitions; maximum liability; allowance for periodic payments)
• Punitive damages – capped at $250,000 unless there is specific intent to cause harm.  (Ga. Code Title 51 (Torts), Chapter 12 (Damages), Article 1 (General Provisions), §51-12-5.1 – Punitive damages)

• 2 years from date of death. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 2 (Specific Periods of Limitation), § 9-3-33 – Injuries to the person; injuries to reputation; loss of consortium; exception)

• $350,000 cap on non-economic damages awarded against all health care providers and a separate $350,000 cap on non-economic damages awarded against a single medical facility that can increase to $700,000 if more than one facility is involved. No more than $1.05 million can be awarded in a medical liability cause of action. (Ga. Code Title 51 (Torts), Chapter 13 (Recovery in Medical Malpractice Actions), §51-13-1 – Definitions; maximum liability; allowance for periodic payments)
• Punitive damages – capped at $250,000 unless there is specific intent to cause harm. (Ga. Code Title 51 (Torts), Chapter 12 (Damages), Article 1 (General Provisions), §51-12-5.1 – Punitive damages)

• Georgia Division of Public Health
• Council on Aging
• Department of Human Resources, Office of Regulatory Services
• Long Term Care Ombudsman

• Disabled Adults and Elder Persons Protection Act – (Ga. Code Ann. §§30-5-1-10)

• Investigation determines serious safety violations at Sunrise Assisted Living Facilities that threaten patient safety

The Georgia Department of Human Resources has been busy investigating serious safety infractions at several Sunrise Senior Living facilities in the Atlanta, GA metro area.  According to an investigation initiated by CBS Atlanta News, problems abound at this national chain of assisted living facilities.

CBS Atlanta News began to scrutinize patient care at Sunrise facilities after a scabies outbreak at Sunrise in Dunwoody.  The television station's investigation further revealed:

• Caretaker Admits To Stealing From Residents In Georgia Nursing Home

Yvonne Winslow, a Georgia nursing home worker, has been charged with six felony counts including abuse of the elderly after admitting to authorities she stole an elderly couples debit care and used it at several stores in the Savannah, GA area.  

The financial abuse of elderly took place at the Savannah Specialty Care Center where Winslow was working as a caretaker.  Winslow has been terminated from the facility and is in jail as she awaits trial.  Read more about this case of financial exploitation of the elderly here.

• Family Claims Assisted Living Facilities Neglect Resulted In Death Of Mentally Disabled Woman

The family of a 51-year-old woman with cerebral palsy has brought a lawsuit against the assisted living facility where she was a patient.  The lawsuit alleges that Country Crossing Assisted Living Facility (Georgia) failed to properly care for the mentally disabled woman during the course of her four year stay and intentionally hid her physical condition from her family.

The wrongful death lawsuit alleges that the assisted living facilities neglect resulted in severe malnourishment and advanced pressure sores.   Quoting a nurse who used to work at the facility, the lawsuit further alleges that the facility failed to train new employees and keep records related to the patients medical treatment.

• Should Medicaid Dictate Who Receives Medical Treatment?

An anticipated decision by the 11th Circuit Court of Appeals may alter the way medical treatment is dispensed for Medicaid recipients.  Under the current system, Medicaid recipients are entitled to receive 'medically necessary' treatment as prescribed by their physician.  In cases of disabled or handicapped people this frequently means home nursing care by a CNA or therapist. 

The case pending before the 11th Circuit involves Anna Moore, a 14-year-old Georgia girl, who suffers from a seizure disorder since birth.  Because of her ongoing risk of stroke and breathing problems, Anna's physician prescribed round-the-clock nursing care. Despite the medical order from Anna's physician (and years of approving the nursing services), officials at Georgia Medicaid decided to arbitrarily reduce the number of weekly hours provided by a home nurse. The reduction occurred despite the fact there was no change in Anna's medical condition.

• Do Former Inmates Deserve To Be Living In Nursing Homes?

Sure, I may be a little groggy from my Thanksgiving gluttony, but this story regarding the placement of former inmates into nursing homes and assisted living facilities caught my eye.  The Georgia Department of Corrections (DOC) is holding a series of meetings with nursing homes, assisted living facilities and other organizations for the purpose of recruiting them to house criminals who have served their jail time and need housing or specialized care.