Key Points:

Nursing home staff members and caretakers in Georgia must abide by certain laws that protect residents from mistreatment and abuse.
Any nursing home employee who is guilty of abuse is subject to criminal penalties, and the facility may be held responsible for monetary damages.
If a facility has faced violations or penalties, it is required to inform the residents and family members.

In their later years, individuals deserve to be treated with dignity and respect, especially by those entrusted with their care. In Georgia, nursing home abuse is taken very seriously, with specific laws designed to prevent misconduct and protect residents.

Nursing homes and caregivers are required to adhere to these regulations, prioritizing the safety and well-being of their residents. The elderly are particularly susceptible to abuse, and it’s crucial that perpetrators are held accountable.

Here’s how Georgia’s laws safeguard nursing home residents from mistreatment.

Which Georgia State Laws Focus on Nursing Home Abuse?

In Georgia, several laws protect nursing home residents from abuse. The Georgia Long-Term Care Facility Resident Abuse Reporting Act mandates reporting any abuse or neglect in nursing homes. Another key statute, O.C.G.A. § 31-8-81, outlines the rights of residents and the responsibilities of care facilities. Additionally, O.C.G.A. § 30-5-1 et seq. provides protections for disabled adults and elder persons, ensuring their safety from abuse, neglect, and exploitation. These laws work together to safeguard the well-being of nursing home residents.

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

Laws are meant to be followed, and any violation can result in penalties. If an individual or organization breaks any of the nursing home abuse laws, they may face the following consequences:

Criminal Charges: Offenders can face fines and imprisonment for abusing or neglecting residents.
Civil Penalties: Nursing homes and caregivers may be sued, resulting in significant financial penalties.
License Revocation: Facilities that violate these laws may lose their operating licenses.
Reporting Penalties: Failure to report suspected abuse can lead to additional fines and 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:

A caretaker or nursing home facility can be held liable for the willful infliction of physical pain, injury, sexual abuse, mental anguish, unreasonable confinement, or deprivation of essential services. Willful infliction means that the caretaker intentionally or with extreme recklessness caused harm. This implies that the caretaker acted with the intent for the resident to suffer in some way.

Sexual Abuse

In nursing home cases, coercion for sexual gratification can tragically occur. This can include actions like lewd exhibition, restraining a resident without medical reasons, inappropriate physical contact, and any form of penetration that isn’t part of a medical procedure. Sadly, such incidents do happen, highlighting the importance of stringent protections and vigilant oversight to ensure the safety and dignity of nursing home residents.

Exploitation

Exploitation in nursing homes refers to the illegal or improper use of a resident’s resources for someone else’s benefit. This can include financial exploitation, where caregivers or staff manipulate or deceive residents to gain access to their money, bank accounts, or personal property. For example, forging signatures on checks, stealing credit cards, or coercing residents into changing their wills. Additionally, staff might misuse a resident’s assets, such as their home or car, for personal gain without the resident’s consent. Fraudulent activities like overcharging for services, billing for services not provided, or falsifying documents for financial benefit are also common forms of exploitation.

Exploitation can also involve coercion and manipulation, where residents are threatened or manipulated into giving up control of their finances or personal assets. This is particularly troubling because nursing home residents are often physically or cognitively impaired and unable to protect themselves. These actions highlight the need for strict regulations, thorough background checks for staff, and vigilant oversight to ensure the rights and resources of nursing home residents are safeguarded.

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:

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.

Debbie was my case manager and she has provided exceptional service to me. I called or emailed her every time I had a question and she answered them right away. She made me feel completely safe throughout this entire process and I can’t thank her enough.