Nursing Home Abuse Laws in Georgia

Tragically, elderly and vulnerable adults are the targets of nursing home abuse more often than we think. The National Council on Aging estimates that as many as five million older Americans suffer abuse annually, many who live in elder care facilities. These incidents often happen in secret, with residents too afraid or unable to speak out about what they endured.

Georgia nursing home residents are protected by several state laws to ensure their welfare. These statutes include the Georgia Long-Term Care Facility Resident Abuse Reporting Act and the Bill of Rights for Residents of Long-term Care Facilities. The Disabled Adults and Elder Persons Protection Act provides additional protection. 

What Are Georgia’s Nursing Home Abuse Laws?

If you or a loved one lives in a nursing home, it’s crucial to learn the nursing home abuse laws in Georgia and what you can do to report elder abuse and neglect.

Georgia Long-Term Care Facility Resident Abuse Reporting Act

This act requires mandated reporters to inform the Department of Community Health (DCH) as well as law enforcement when they become aware of abuse or exploitation in a long-term care facility. It also mandates that DCH investigate immediately.

Mandatory reporters include:

• Any person required to report cases of child abuse
• Administrators, managers, or employees of nursing homes
• Physical therapists
• Occupational therapists
• Day-care workers
• Coroners
• Medical examiners
• Emergency medical services
• Health agency employees
• Clergy

Mandatory reporters who suspect abuse or exploitation of a nursing home resident must file a report with Healthcare Facility Regulation, which is part of the Department of Community Health. They must also file a report with law enforcement or a prosecutor.

Bill of Rights for Residents of Long-Term Care Facilities

The Bill of Rights for Residents of Long-term Care Facilities outlines the rights of older adults and other residents of nursing homes and long-term care facilities. These agencies must notify residents of their rights and post a copy of these rights in a conspicuous place within the facility so everyone can access them.

Disabled Adults and Elder Persons Protection Act

This law protects older and disabled adults who live in the community rather than in a nursing home.

What Rights Do Georgia Nursing Home Residents Have?

By law, Georgia nursing home residents have the right to:

• Vote in elections
• Practice their religion freely
• Get up and go to bed at any time of their choosing
• Use alcohol and tobacco as long as they are not interfering with the rights of others
• Come and go from the facility
• Enjoy 12 hours of visiting time out of any 24-hours
• Enjoy privacy in their rooms and freedom from eavesdropping
• Keep their own private property
• Manage their own financial affairs
• Receive appropriate care and services
• Refuse medical care, medications, or dietary restrictions
• Access their own medical records
• Be free of restraints, isolation, and other restrictions except where necessary for the safety of themselves or others

Some of these rights can be temporarily suspended on a doctor’s orders.

What Is Nursing Home Abuse?

Georgia law defines nursing home abuse as any intentional or grossly negligent act that injures a resident.

Examples of nursing home abuse may include:

• Striking, pinching, or pushing nursing home residents
• Improper use of restraints
• Improper use of medications
• Withholding food or water
• Withholding medication
• Inflicting mental pain or distress
• Non-consensual sexual contact
• Threats of violence
• Abandonment or neglect

What Evidence Do I Need to Prove That a Georgia Nursing Home Law Has Been Broken?

Proving that a Georgia nursing home violated the law requires solid evidence, and you may need help from a nursing home abuse attorney to access everything you need. You can do your part to help by collecting certain evidence ahead of time. Examples may include:

• Medical records documenting physical injuries
• Photographs or video showing bruises, scrapes, or any other sign of abuse
• Incident reports from the nursing home
• Statements from the victim, residents, employees, and other witnesses

This information can help your attorney build a strong case demanding accountability and compensation from the negligent nursing home.

What Should I Do If I Suspect My Loved One Has Been a Victim of Abuse?

If you suspect a loved one is in imminent danger at a nursing home, contact law enforcement immediately. Next, contact a Georgia nursing home abuse lawyer. Your attorney can advise you whether to report the suspected abuse to the facility before an investigation is completed. Alerting the facility could result in the destruction or hiding of critical evidence of the abuse, so getting legal advice before acting is crucial.

Next, contact the Georgia Department of Community Health, Healthcare Facility Regulation. It will initiate an investigation into the nursing home. If you suspect abuse outside a nursing home, you should contact Georgia Adult Protective Services. Tell them all about your suspicions and any evidence you may possess.

Can I Take Legal Action Against the Nursing Home?

Yes, you can take legal action against a nursing home for the abuse or neglect of a loved one. An experienced nursing home abuse lawyer can help you pursue compensation for:

• Medical expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Treatment for physical and emotional abuse can involve considerable expense, not to mention unimaginable heartache. You shouldn’t have to bear those costs alone. By filing a claim with the nursing home’s insurance company or filing suit, you can hold the nursing home accountable for mistreating your loved one.

Contact a Georgia Nursing Home Abuse Lawyer

When you entrust your loved one to a long-term care facility, you have every right to expect the highest standards of care. When that trust is broken, taking legal action may not just compensate you for your losses — it could save a life.

Spiva Law Group is a compassionate and tenacious law firm dedicated to helping injured people recover compensation and justice in nursing home abuse and neglect cases. We have the resources needed to take on large corporations and deliver results that count. Call or contact us today for a free consultation.