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How do Georgia malpractice attorneys evaluate rehab center claims?

Published November 7, 2026
No. 20 of 195 in this folder

Filed in Georgia Medical Malpractice FAQ

Last updated: November 7, 2026. Georgia law changes; check the date before relying on any deadline or rule below.

An attorney evaluating a Georgia rehab center claim first pins down where and when the injury happened, because rehab patients arrive from hospitals with existing conditions. The attorney then identifies who provided the care, which records show it, and whether a qualified expert in that profession will say it fell below the standard and caused the harm (O.C.G.A. §§ 51-1-27, 24-7-702).

First question: where did the injury happen?

A pressure injury, infection, or fracture may have started at the hospital before transfer. The attorney compares the hospital discharge records with the rehab admission assessment. That comparison decides which facility is the right defendant, and it shapes how a jury may divide fault between them (§ 51-12-33).

Second question: who provided the care?

Provider	Expert who can address it
Physical or occupational therapist	A therapist in the same profession; therapists are among the professions covered by the affidavit statute (§ 9-11-9.1(g))
Nurses and nursing aides	A nursing expert, or a physician who supervises nurses (§ 24-7-702(c)(2)(D))
Physician overseeing rehab	A physician with experience in the same area
The facility itself	Experts on staffing, policies, and supervision

Some failures do not require professional judgment, such as an administrative lapse. Georgia courts have treated those as ordinary negligence without the affidavit requirement, though where the line falls depends on the facts (Upson County Hospital v. Head, 2000).

The records

Admission assessment, including fall risk and skin condition.
Care plans and therapy notes.
Medication administration records.
Incident reports, if obtainable, and nursing notes from the event.
Staffing records for the shift.

Questions that decide viability

Was the risk identified at admission, and did the care plan address it?
Did staff follow the plan?
When was the injury first noticed, and what was done?
Did the injury cause a lasting harm, such as surgery, a longer stay, or a lost recovery?

Reasons evaluations end

The hospital records show the injury existed before transfer.
The facility identified the risk and followed reasonable precautions.
The harm was temporary and fully resolved.
The two-year limitation has passed (§ 9-3-71).

If the rehab unit is part of a nursing home or other long-term care facility, the attorney also considers the resident rights statute, which gives a separate cause of action (§ 31-8-126).

Compare the hospital and rehab records

Ask both the hospital and the rehab center for records covering the transfer date. The comparison between those two sets is where an attorney starts.

This article explains Georgia law in general terms. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines in malpractice cases are short and fact-specific, so talk to a Georgia lawyer about your own situation.