How Georgia Laws Protect Nursing Home Residents from Abuse

Key Points:

• In Georgia, nursing home staff members and caretakers are required to follow laws that protect residents from mistreatment and abuse.
• Nursing home employees found guilty of abuse are subject to criminal penalties. Additionally, the nursing facility itself may be held liable for monetary damages.
• If a facility has faced violations or penalties, it is often required for the facility to inform the residents and family members.

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All human beings deserve to be treated with dignity and respect. This includes the elderly who often spend their final years in nursing facilities. In the State of Georgia, nursing homes who provide care for elderly residents must adhere to specific laws designed to protect residents and  prevent misconduct.

These regulations are meant to require nursing homes and caregivers to prioritize the safety and well-being of their patients since the elderly may not be able to protect themselves from abuse and misconduct.

Which Georgia State Laws Focus on Nursing Home Abuse?

Several Georgia laws protect nursing home residents from abuse. In particular, the Georgia Long-Term Care Facility Resident Abuse Reporting Act makes the reporting any abuse or neglect in nursing homes mandatory.

Another of Georgia’s key statute, O.C.G.A. § 31-8-81, details the rights of residents and the responsibilities of long-term care facilities. Additionally, O.C.G.A. § 30-5-1 et seq. provides protections for disabled adults and elderly persons. This is meant to ensure their safety from abuse, neglect, and exploitation. Such laws work to protect the well-being of nursing home residents.

What Penalties Are There for Breaking Nursing Home Abuse Laws in Georgia?

These laws are meant to be followed, and violations can result in strict penalties. The following penalties are imposed when an individual or organization breaks any of the nursing home abuse laws:

• Criminal Charges: Those found guilty of abuse or neglect of nursing home residents  can face fines and imprisonment.
• Civil Penalties: Nursing homes and caregivers who are found guilty of breaking Georgia’s laws concerning neglect and abuse may be sued, resulting in stringent financial consequences.
• License Revocation: A facility that violates these abuse laws are likely to  lose their operating licenses.
• Reporting Penalties:  Additionally, failure to report suspected abuse may lead to additional legal consequences.

Which Georgia Law Specifically Addresses Nursing Home Abuse?

When Georgia enacted laws against nursing home abuse, they aimed to clearly define the types of conduct and injuries that are legally actionable. Understanding these definitions helps in recognizing the wide range of actions covered under Georgia law regarding nursing home abuse.

Key terms and definitions are outlined in Georgia Code § 30-5-3, which include the following:

Willful Infliction:  Will infliction happens when a caretaker causes harm to a resident by  intentionally or through reckless behavior. Such behaviors include the willful infliction of physical pain, injury, sexual abuse, mental anguish, unreasonable confinement, or deprivation of essential services.

Sexual Abuse: Unfortunately, there have been reports of things such as coercion for sexual gratification. This activity could include lewd exhibition, the restraint of a resident without medical purpose, inappropriate physical contact, and/or any for of penetration that is not medically necessary.

Sadly, such incidents do happen all of  which emphasizes the importance of stringent protections and vigilant oversight.

Exploitation: Exploitation, in the context of nursing home care,  refers to the illegal or improper use of a resident’s resources for someone else’s benefit. Such exploitation may involve financial exploitation, where caregivers or staff manipulate or deceive residents to gain access to their money, bank accounts, or personal property.

An example of financial exploitation might be the forging of signatures on checks, stealing credit cards, or coercing residents into changing their wills. Other such exploitation could be staff members who misuse a resident’s assets, such as their home or car, for personal gain without the resident’s consent.

There have also been cases in which the nursing facility engages in fraudulent activities such as overcharging for services, billing for services not provided, or falsifying documents for financial benefit are also common forms of exploitation.

Nursing home residents are often physically or cognitively impaired and, therefore, unable to protect themselves. Such abuses emphasize the need for strict regulations, careful background checks for staff, and vigilant oversight by management to ensure the rights and resources of nursing home residents are protected.

Physical Pain or Abuse:

A nursing home can be the cause of physical pain for an elderly resident in several ways. Residents can suffer from kicks, punches, slaps, or any other forms of physical abuse. While not all of these actions might cause visible injuries, the harmful and abusive actions of a caretaker should be dealt with aggressively and harshly.

Physical Injury:

If a nursing home caretaker causes a physical injury, then a claim can be brought against the caretaker and nursing home for monetary damages. Some of the most common injuries suffered in nursing homes include:

• Injuries caused by bedrails
• Bone fractures
• Concussions
• Spinal injuries
• Bedsores

A nursing home resident can suffer from these or many other injuries when they have been a victim of nursing home abuse. It is important to know that the law allows for recovery for a wide variety of injuries.

Mental Anguish:

When a caretaker is verbally abusive to their residents and patients, it can cause mental anguish to the people they are supposed to be taking care of. Things such as yelling, making racist or sexist commentary, or the threat of physical harm can cause mental suffering for a nursing home resident, and the caretaker and nursing home may be held liable.

Unreasonable Confinement:

Unreasonable confinement involves a caretaker or nursing home locking a resident in their room or holding them from exercising their right to move freely and not be contained. If a nursing home is guilty of physically restraining or secluding a resident from others against their will, then the caretaker and nursing home can be held responsible.

Willful Deprivation:

Willful deprivation involves a caretaker or nursing home staff purposely depriving its residents of basic necessities, such as food, water, or required medical care. Elderly residents often need food and water to take with prescribed medicine, and the lack of adequate food and water can lead to other health issues.

Do You Need Evidence to Prove a Georgia Nursing Home Law Was Broken?

Yes, to prove a Georgia nursing home law was broken, you need solid evidence. This can include medical records documenting injuries or conditions, photographs or videos showing signs of abuse, witness statements from other residents or staff, financial records showing unauthorized transactions, incident reports, and expert testimony from medical or elder care professionals. Gathering this evidence is essential to demonstrate that the law was violated and to ensure accountability.

Laws That Allow for Elder Residents and Family to Sue

Elders and their family members may be able to recover for injuries suffered at a nursing home under several sections of Georgia law. The main chapters of Georgia law that can apply to nursing home abuse include:

• Georgia Code Title 31 Chapter 8
• Georgia Code Title 30 Chapter 5
• Georgia Code Title 31 Chapter 7
• Georgia Code Title 31 Chapter 21

The laws in these sections cover things such as nursing home requirements to stay up to code, potential criminal sanctions for abuse, and even how dead bodies are supposed to be handled. It is important to know what specific section of the law applies to you or your loved one to file a claim properly.

Other Georgia Nursing Home Requirements

Nursing homes have a significant responsibility when agreeing to take on the care of elderly people in their facilities.

Nursing homes must have a minimum number of staff for each facility based on the resident population. During the daytime, Georgia nursing home facilities should have at least one caretaker working on-site for every 15 residents. At night, these facilities are required to have at least one caretaker working on-site for every 20 residents. If a nursing home facility fails to maintain the minimum necessary caretakers, then they can be held liable for monetary damages.

If a facility has faced violations or penalties, it is required to inform the residents and family members.

Do You Need Evidence to Prove a Georgia Nursing Home Law Was Broken?

Yes, like any personal injury case, there needs to be sufficient evidence proving the nursing home was neglectful in the care of an elderly person.