Nursing Home Abuse Lawsuits in Georgia: A Guide for Family Members

At Gautreaux Law, we believe that nursing homes and their staffers should treat their residents with kindness and respect. Unfortunately, far too many fail to meet this basic expectation, harming an untold number of vulnerable older adults throughout Georgia. If you suspect your loved one has been abused or neglected in a nursing home, here’s what you need to know about protecting them and pursuing justice and accountability on their behalf.

What is Nursing Home Abuse?

The term “nursing home abuse” refers to the many ways caregivers can harm elderly residents in assisted living facilities or nursing homes. This harm can happen because of neglect, carelessness, or purposeful actions by staff or management. Nursing home abuse profoundly impacts the lives of elderly victims. It can cause physical injuries, emotional trauma, medical emergencies, and even lead to early death.

Many nursing homes across the country have an abuse problem. Older adults in these homes rely on staff for their daily needs and care, which far too often go unmet. Sadly, abuse often goes unnoticed and unreported, leaving victims to struggle alone.

The physical, mental, and emotional effects of nursing home abuse can be devastating and permanent. Elderly people who are abused have morbidity and mortality rates 300 percent higher than those who are not abused.

Georgia Nursing Home Abuse Laws

State and federal laws work together to protect Georgia nursing home residents from abuse and neglect. The federal government regulates nursing homes that participate in Medicare or Medicaid programs. These facilities must adhere to strict rules set forth by the Centers for Medicare and Medicaid Services (CMS), which establishes guidelines and legal requirements to ensure caregivers provide residents with proper care and protection from abuse.

Georgia has laws governing privately owned nursing homes at the state level. These state laws complement federal regulations to create a comprehensive safety net for residents. In Georgia, nursing homes must meet rigorous standards for staffing levels, employee training, and quality of care.

In Georgia, the Bill of Rights for Residents of Long-Term Care Facilities outlines the specific protections afforded to nursing home residents. These include the right to be free from physical, mental, and emotional abuse, neglect, and exploitation. Nursing homes must also respect residents’ dignity, privacy, and personal belongings. Additionally, residents can voice concerns or complaints without fear of retaliation or discrimination.

Georgia law takes elder abuse very seriously. According to GA Code § 16-5-102, knowingly exploiting, hurting, or depriving an elderly or disabled person is a felony. If convicted, abusers can face 1 to 20 years in prison, a fine of up to $50,000, or both. It’s also illegal to threaten or intimidate someone for reporting abuse or cooperating with an abuse investigation. Obstructing an abuse investigation is a high misdemeanor.

Types of Nursing Home Abuse

Nursing home abuse can take many forms, each with its devastating consequences. Understanding and recognizing the different types of abuse can help you protect your loved ones and take action if necessary.

Physical abuse involves the use of force against a nursing home resident, causing bodily harm, pain, or impairment. This can include hitting, punching, slapping, kicking, or the misuse of physical restraints. Signs of physical abuse may include bruises, broken bones, cuts, burns, or other unexplained injuries.

Financial exploitation occurs when someone illegally takes, misuses, or conceals a resident’s funds or property. Abusers may coerce residents into signing over their bank accounts, forge signatures on financial documents, or leave bills unpaid. Unusual changes in a resident’s financial situation can be a red flag for this abuse.

Sexual abuse is any form of non-consensual sexual contact with a nursing home resident. This can range from unwanted touching to rape. Signs of sexual abuse may include bruising around the breasts or genitals, unexplained sexually transmitted diseases (STDs), or torn undergarments.

Emotional abuse can be verbal or nonverbal and involves the infliction of anguish, distress, or fear. This may include insults, yelling, threats, humiliation, or intimidation. Emotional abuse can also involve ignoring a resident’s dignity or isolating them from friends and family. Signs may include withdrawal, depression, changes in behavior, or fear of certain staff members.

Neglect happens when a caregiver fails to provide a resident with the necessary care and attention. This can include failure to provide adequate food, water, shelter, medical care, or protection from hazards. Neglect can lead to serious health problems like malnutrition, dehydration, infections, bedsores, or worsening of existing medical conditions.

Nursing Home Abuse Statistics

The statistics regarding nursing home abuse are alarming. Globally, about 1 in 6 people aged 60 years and older experienced some form of abuse over the past year. Even more disturbing is the fact that two out of three staff members surveyed admitted to having committed abuse within the last calendar year. This shocking statistic highlights the need for better screening, training, and oversight of nursing home employees.

Perhaps most alarming, though, is that these numbers are likely the tip of the proverbial iceberg. An NPR study across five states found that caregivers did not report 97% of abuse cases to law enforcement. This suggests that the vast majority of abuse incidents go unnoticed or unreported, leaving victims to suffer in silence.

Women are particularly vulnerable to nursing home abuse. They account for 67% of elder sexual abuse cases, indicating a disproportionate risk based on gender.

Other residents at heightened risk of abuse are those with mental impairments, such as dementia or Alzheimer’s disease. Almost half of these individuals suffer from abuse. Their cognitive decline makes them more vulnerable to mistreatment and less likely to report it.

LGBTQ+ elders are also disproportionately affected. In a recent study, just over 22% of respondents reported being physically abused or neglected by a caregiver. This highlights the need for more inclusive and protective measures in long-term care facilities.

These statistics paint a grim picture of the state of nursing home abuse in America. More needs to be done to prevent abuse, hold perpetrators accountable, and protect the rights and well-being of older Americans. By raising awareness, advocating for change, and supporting victims, we can work towards creating a safer environment for all nursing home residents.

Signs Of Nursing Home Abuse

As a family member, it’s crucial to be vigilant and watch for signs that your loved one may be the victim of nursing home abuse. Some indications may be more pronounced, while others can be subtle. The signs of nursing home abuse can be challenging to detect, as victims may be afraid to report the abuse due to fear of retaliation. If a resident is suffering from cognitive decline, it can be challenging to determine if a complaint is genuine or a symptom of their condition. Family members should take all reports seriously and look for physical warning signs to corroborate the residents’ claims.

Here are some key signs to look out for.

Physical Abuse:

Bruises, cuts, or welts
Broken bones or fractures
Unexplained injuries or injuries in various stages of healing
Rope marks or bruises on wrists or ankles, indicating improper use of restraints
Unexplained weight loss or malnutrition
Dehydration
Bedsores or pressure ulcers

Emotional and Psychological Abuse:

Withdrawal from social activities or unusual changes in behavior
Depression, anxiety, or fearfulness, especially around certain staff members
Agitation, trembling, or mumbling
Reluctance to speak openly
Infantilization or humiliation by staff members

Neglect:

Poor hygiene or body odor
Unsanitary or unsafe living conditions
Lack of necessary medical aids, such as hearing aids, glasses, or mobility devices
Untreated medical issues or infections
Overgrown hair and nails
Bed-bound residents with infrequent position changes

Financial Abuse:

Unexplained changes in financial accounts or legal documents
Missing cash or valuables
Unpaid bills despite adequate financial resources
Suspicious signatures on checks or documents
Sudden changes in power of attorney or beneficiaries

Sexual Abuse:

Bruising around breasts, buttocks, or genital areas
Unexplained sexually transmitted diseases (STDs) or infections
Torn, stained, or bloody undergarments
Difficulty walking or sitting due to genital pain
Inappropriate or sexually suggestive remarks by staff members

If you notice any of these signs, speaking up is essential. Talk to your loved one privately and express your concerns. Taking prompt action can help protect your loved one and prevent further harm. Remember, elder abuse is often underreported because victims are afraid to come forward, and others may be uncertain if they can report the abuse.

What Causes Nursing Home Abuse?

Nursing home abuse is a complex issue with multiple contributing factors. One of the primary causes is understaffing and low pay. Often, insufficient staff, lax oversight, and high turnover create a vicious cycle of abuse. Overworked and underpaid staff are more likely to experience burnout, which can lead to frustration and even abusive behaviors.

Another factor is the lack of proper staff vetting, training, and management. When nursing homes hire employees without thoroughly checking their backgrounds or providing adequate training, they put their residents at increased risk of abuse.

Failure to follow federal guidelines for proper care is also a significant driver of abusive behavior. Nursing homes must adhere to specific standards to ensure the safety and well-being of residents. When caregivers do not follow these guidelines, they create an environment where abuse can occur unchecked.

It’s important to note that both the employees who directly commit abuse and the employers who allow it to happen can face legal consequences. Under a legal concept called “vicarious liability” nursing home owners and operators can be held responsible for their employees’ actions. If they knew about abusive behaviors and failed to stop them, or if they did not take proper steps to prevent abuse from occurring, they could be liable for the consequences of that abuse.

Remember, nursing home abuse is never acceptable. By holding abusers and negligent nursing homes accountable, we can work towards creating safer environments for our elderly loved ones.

How Family Members Can Help or Prevent Nursing Home Abuse

As a family member, you play a crucial role in helping to prevent nursing home abuse and ensuring your loved one receives the care they deserve. Before choosing a nursing home for your loved one, thoroughly research the facilities in your area. Look for any red flags, such as a history of violations, low staffing ratios, or high turnover rates. Read reviews from other families and visit the nursing homes in person to get a feel for the environment and the quality of care.

Once your loved one is in residence at a facility, one of the most important things you can do is to check in on them regularly. Visit often, at different times of the day, and pay attention to any changes in their behavior, appearance, or demeanor. Watch for signs of abuse.

If you notice anything concerning, don’t hesitate to raise your concerns with the nursing home staff and management. Document your observations and any conversations you have with staff members. If your concerns are not adequately addressed, escalate the matter to the appropriate authorities, such as adult protective services or the long-term care ombudsman program. We’ll explain these services in greater detail in the next section.

Remember, you are your loved one’s strongest advocate. Trust your instincts; don’t be afraid to speak up if something feels wrong. By staying involved and vigilant, you can help prevent nursing home abuse and ensure your loved one receives the care and respect they deserve.

How To Report Nursing Home Abuse

If you suspect your loved one is a victim of nursing home abuse, it’s essential to take action immediately. The first step is to report the abuse to the nursing home administrator. Provide them with detailed information about your concerns, including any evidence you have collected. The nursing home has a legal obligation to investigate the matter and take appropriate action to ensure the safety of your loved one and other residents.

If the nursing home fails to address the issue adequately or you feel your concerns are being ignored, it’s time to escalate the matter. Contact the state agency responsible for regulating nursing homes in your area. This is the Healthcare Facility Regulation Division of the Department of Community Health in Georgia. They will investigate your complaint and take necessary action against the nursing home if violations are found.

Another resource you have is the Long-Term Care Ombudsman Program. Each state has its Ombudsman Program, which advocates for nursing home residents and their families.

If you fear your loved one is in immediate danger, don’t hesitate to contact local law enforcement, as nursing home abuse may constitute a crime. Police officers can investigate the situation and convey their findings to prosecutors, who may pursue charges against the abusers and facility.

Many cases of nursing home abuse go unreported due to fear or uncertainty. Some people mistakenly believe that only the victim or their immediate family can report abuse. However, anyone who is aware of abuse can and should report it. This includes other residents, visitors, staff members, or anyone who suspects mistreatment.

What Are The Requirements For Bringing A Nursing Home Abuse Claim?

If you’re considering taking legal action against a nursing home for abuse or neglect, it’s crucial to understand the requirements for bringing a claim. Perhaps most important is the matter of standing. If the victim of the abuse is in sound mental health, they may initiate a nursing home abuse lawsuit. If they are not able to do so, family members with proper authority (such as being appointed Conservator) may do so on their behalf. In the tragic case of nursing home abuse that proves fatal, Georgia state law permits certain family members to bring wrongful death lawsuits and allows the estate to also bring related legal cases (sometimes called a “survival” or “estate” claim).

Another critical factor is the deadline supplied by the statute of limitations on personal injury claims. In Georgia, the statute of limitations for filing a nursing home abuse case is typically two years from the date of abuse. However, it’s always best to consult with an experienced attorney as soon as possible to ensure you meet all critical deadlines.

To have a strong case, you’ll need evidence that demonstrates the physical, emotional, or financial harm your loved one suffered as a direct result of negligence or abuse.

Photographs can be compelling evidence, especially in cases of physical abuse. Take clear, detailed photos of bruises, cuts, bedsores, or other visible injuries. Include a date stamp or other identifying information to show when the injuries occurred.

Medical records are another critical piece of evidence. These can include doctor’s notes, hospital admission and discharge papers, and any other documentation that shows the extent of your loved one’s injuries and the treatment they received. Be sure to request copies of all relevant medical records as soon as possible.

If you suspect financial abuse, gather bank statements, credit card bills, and other documents showing unusual transactions or changes in your loved one’s financial situation. This can help demonstrate a pattern of exploitation.

In addition to documentation, testimony from the victim and any witnesses can play a deciding role in many circumstances. If your loved one can communicate their experiences, their testimony can provide compelling evidence of the abuse they suffered. Similarly, if there were any witnesses to the abuse, such as other residents or staff members, their testimony can help corroborate your claims.

It’s important to remember that building a nursing home abuse case can be a complex and emotional process. That’s why it’s essential to work with an experienced nursing home abuse attorney who can guide you through the legal system and fight for the justice and compensation your loved one deserves. Don’t hesitate to reach out for help if you suspect nursing home abuse. Your actions could make all the difference in protecting your loved one and holding abusers accountable.

Working With An Attorney

If you suspect your loved one has been a victim of nursing home abuse, working with an experienced attorney from Gautreaux Law can make all the difference in pursuing justice and compensation. Our firm has provided legal representation to individuals and families who have suffered injury or loss for over 20 years. We are not afraid to take on insurance companies or large corporations to fight for what our clients rightfully deserve.

The first step is to schedule a free consultation with one of our skilled nursing home abuse attorney, Jarome Gautreaux. During this meeting, we will evaluate the strength of your case and advise you on the best course of action. At Gautreaux Law, we emphasize clear and open communication with our clients. We will be there for you whenever and wherever you need us, letting you know what is happening and the next steps in your case.

While you spend time with your loved one, we will:

Thoroughly investigate your concerns to determine if abuse occurred and under what circumstances
Gathering compelling evidence of the abuse and working with experts to interpret it
Sending demand letters to the abuser, the facility, and their insurance companies to start the claims process
Negotiating with the at-fault parties and their insurers for a fair settlement, if that’s the path you and your loved one want to take
Filing formal complaints and taking your case to trial if you want your day in court

We have knowledge of the state laws governing nursing homes and are dedicated to protecting vulnerable individuals from abuse. We will leverage our skills and experience to help you demand compensation for losses such as:

Past and future medical care
Relocating to a new facility
Damaged or stolen property
Psychological counseling
Pain and suffering
Emotional distress

Don’t hesitate to contact our Macon, GA, office for a free evaluation of your case. Let the Georgia nursing home abuse lawyers with Gautreaux Law fight for you and your loved one to seek compensation to help you move forward.