No one ever wants to believe their loved one is being hurt in a place that’s supposed to protect them. But across Georgia, families are learning the hard way that nursing home abuse is real—and often hidden behind closed doors.
Georgia Nursing Home Abuse Lawyer
Elder abuse investigations can be complicated. The McArthur Law Firm’s medical negligence lawyers will fight to protect your family’s rights so you have every opportunity to hold those who wronged your loved one accountable. We work nationwide and statewide, representing residents living in nursing homes located in or from Atlanta, Columbus and Augusta.
As personal injury attorneys, we help with:
- Preventing nursing homes from blocking access to or hiding evidence and important information;
- Conducting a thorough and aggressive investigation of the incident, including collecting photographic evidence, reviewing security footage, interviewing witnesses, gathering and reviewing documentation related to the business and its practices, and investigating any employees involved;
- Having medical experts review your family member’s medical records, pinpoint the cause of his or her injuries, and calculate what it will cost for your loved one to live with his or her injuries going forward;
- Negotiating a fair settlement or taking the case to trial in court;
- Preventing abuse and neglect from occurring to other innocent people in the future.
The McArthur Law Firm serves Albany, Savannah, and other Georgia cities in and around Macon. We offer a free initial consultation on all cases. Call 404-565-1621 to speak with a compassionate lawyer.
Overview of Nursing Home Abuse in Georgia
- Types of Nursing Home Abuse
- Common Injuries From Nursing Home Abuse
- Where Nursing Home Abuse Happens Most Often In Georgia
- Underreporting by Victims in Nursing Home Abuse Cases
- Who Can Be Sued for Nursing Home Abuse in Georgia
- Nationwide Nursing Home Neglect and Elder Abuse Statistics
- Georgia Laws on Nursing Home Abuse
- Frequently Asked Questions
- Additional Resources
- Hire a Personal Injury Attorney for Nursing Home Abuse
Types of Nursing Home Abuse
Physical Abuse – Physical abuse involves any kind of force that causes injury or pain. This includes hitting, slapping, pushing, kicking, shaking, or improperly restraining a resident. Sometimes staff use physical force to control or punish residents, which is illegal. Unexplained bruises, fractures, or fear of certain caregivers can be signs of physical abuse.
Emotional Abuse – Emotional or psychological abuse is harder to spot but can be just as damaging. It includes yelling, threatening, humiliating, insulting, or isolating a resident. Staff who intimidate or scare residents can cause long-lasting mental harm. Changes in behavior, depression, or withdrawal may point to this type of abuse.
Sexual Abuse – Sexual abuse includes any non-consensual sexual contact or behavior. This also includes situations where the resident cannot give proper consent due to dementia or other mental conditions. It can involve inappropriate touching, sexual assault, or exposure. Physical signs of trauma, fear, or sudden behavior changes should be taken seriously.
Neglect – Neglect occurs when the nursing home fails to provide necessary care. This includes not giving food, water, medications, hygiene, or medical attention. Residents may suffer from dehydration, malnutrition, bedsores, or untreated infections. Under Georgia law, neglect is a form of abuse, even if it happens due to staff shortages or poor training.
Financial Exploitation – Financial abuse happens when someone misuses or steals a resident’s money or personal property. It might involve forged checks, misuse of credit cards, or pressuring residents to sign over assets. Family members should be cautious if bills go unpaid, belongings disappear, or changes to financial documents appear without explanation.
Abandonment – Abandonment means leaving a resident alone without care or supervision. This can happen inside the facility or after sending a resident to a hospital or other place without planning for proper follow-up care.
Common Injuries From Nursing Home Abuse
Bruises, Cuts, And Broken Bones – These are the most common signs of physical abuse. Rough handling, falls from beds or wheelchairs, or direct violence can lead to bruising, skin tears, or even fractures. Hip fractures in elderly patients can be especially dangerous and often result in permanent loss of mobility or death.
Bedsores (Pressure Ulcers) – Bedsores are often a sign of neglect. They happen when a resident is left in one position for too long without being moved or cleaned. Bedsores can lead to infections, severe pain, and even sepsis. These wounds are entirely preventable with proper care.
Malnutrition And Dehydration – When staff fail to provide adequate food or fluids—or don’t help residents eat—residents can suffer from malnutrition or dehydration. These conditions weaken the immune system, increase fall risk, and delay healing. Over time, they can cause organ damage or death.
Infections – Infections can come from untreated wounds, poor hygiene, dirty living conditions, or improper catheter or IV care. Urinary tract infections (UTIs), pneumonia, and skin infections are especially common. In some cases, infections go unnoticed until hospitalization is required.
Head Injuries – Head injuries often result from falls caused by lack of supervision, unsafe environments, or improper use of restraints. A fall-related brain injury can lead to cognitive decline, permanent disability, or even death. Staff are required to assess and reduce fall risks under both federal and state care guidelines.
Emotional And Psychological Trauma – Emotional abuse can lead to serious mental health issues, including anxiety, depression, withdrawal, fearfulness, and even suicidal thoughts. Victims may stop speaking, eating, or participating in activities. These injuries are not visible but often signal deep emotional harm that needs professional care.
Sexually Transmitted Infections And Trauma – Sexual abuse may lead to physical injuries in the genital area, unexplained bleeding, or signs of pain during movement. Victims may also contract sexually transmitted infections (STIs), which can go undetected if not specifically tested for. Emotional trauma is also significant and often long-lasting.
Rapid Cognitive Decline – Abuse and neglect can worsen dementia or cause a sudden drop in mental sharpness. This is often due to untreated infections, trauma, emotional distress, or malnutrition. When residents lose their sense of safety and routine, their condition can deteriorate quickly.
Medication Errors – Overmedication, under-medication, or incorrect medications can cause dangerous reactions, seizures, internal bleeding, or even coma. These injuries are often tied to understaffed or poorly managed facilities that fail to follow doctor’s orders or medication protocols.
Financial Harm And Loss Of Stability – While not a physical injury, financial abuse can severely affect a resident’s health and emotional well-being. Loss of money can lead to loss of housing, care interruptions, or stress-induced health issues like high blood pressure or heart problems. Families may not notice financial harm until it’s too late.
Where Nursing Home Abuse Happens Most Often In Georgia
While nursing home abuse can happen anywhere in Georgia, it’s more likely to occur in areas with large populations, staffing shortages, and a high number of long-term care facilities. Reports show that some of the most serious cases are found in major cities and surrounding areas where oversight varies and facilities struggle to meet care standards.
Across all cities, common red flags include repeated citations by the Centers for Medicare and Medicaid Services (CMS), low staff-to-resident ratios, and poor record-keeping. Georgia law under O.C.G.A. § 31-2-4 gives the Department of Community Health authority to investigate abuse complaints and take enforcement action when nursing homes fail to protect their residents.
Underreporting by Victims in Nursing Home Abuse Cases
One of the most disturbing facts about nursing home abuse in Georgia is that most victims never report what happened. According to national research, including data from federal agencies like the National Center on Elder Abuse, it’s estimated that only 1 in 10 elder abuse cases are ever brought to the attention of authorities. In Georgia, where residents may have cognitive decline or limited mobility, the reporting rate may be even lower.
Many victims stay silent because they’re afraid of retaliation from staff or feel they won’t be believed. Others simply don’t have regular visits from family who might notice the warning signs. Under O.C.G.A. § 30-5-4, mandatory reporters like nurses, social workers, and facility staff are legally required to report abuse—but even that system doesn’t catch everything.
What families often find most shocking is how abuse can happen in plain sight, sometimes by caregivers the resident depends on every day. This silence and hidden harm make it even more important for families to act fast when something doesn’t seem right. The law offers protections, but someone still has to speak up first.
Who Can Be Sued for Nursing Home Abuse in Georgia
Nursing Home Operators
A nursing home operator—the individual or company that owns and manages the facility—can be held liable for abuse stemming from poor hiring practices, inadequate staffing, or insufficient employee training. Operators are legally responsible for ensuring their facilities meet care standards under both Georgia and federal law. If they knowingly permit hazardous conditions or retain abusive employees, they may be sued for negligence.
Individual Staff Members
Staff members such as nurses, aides, and caregivers may be personally liable for abuse or neglect they directly inflict. Even though the facility is often the main defendant, individuals can face legal action for assault, battery, or other forms of intentional harm.
Third-Party Contractors
Outside contractors—like visiting healthcare professionals, physical therapists, or maintenance workers—can also be liable if they harm a resident. Liability may be established if the facility failed to properly screen the third party, supervise their interactions with residents, or maintain sufficient control over their conduct.
Parent Companies and Corporate Owners
Large corporate owners or parent companies that manage multiple nursing homes may also be held accountable. When these entities implement cost-cutting policies that result in understaffing or inadequate care, they can be sued for violating their duty of care.
Nationwide Nursing Home Neglect and Elder Abuse Statistics
According to the National Center on Elder Abuse (NCEA), 20 percent of the United States population is expected to be comprised of people 65 years old and older by 2050. In addition, the NCEA reports that the fastest-growing population in this country is people 85 years old and older.
Unfortunately, as a result of the continued growth of America’s elder population, instances of nursing home abuse and neglect may be set to rise as well. This is terrifying, considering current elder abuse statistics:
- It is estimated that among Americans age 65 and older, between one and two million have been the victim of elder abuse at the hands of someone they depended on for protection and/or care. (NCEA)
- On average, not including incidents of self-neglect, only one out of every 14 cases of elder abuse in domestic settings is reported to authorities. Including both domestic and institutional settings, for every incident of elder abuse reported, there are five more that go unreported. (NCEA)
- According to estimates, annually, five million or more elders are financial abuse victims in the US. It is also estimated that as few as one out of every 25 cases of financial abuse among elders is reported to authorities. (NCEA)
Georgia Laws on Nursing Home Abuse
Georgia Tort Law
Victims of nursing home abuse can file civil lawsuits under Georgia’s tort law, which includes:
- Negligence (O.C.G.A. § 51-1-6): A facility or staff member can be sued for failing to exercise reasonable care, such as ignoring medical needs or leaving residents unattended.
- Negligent Hiring, Supervision, or Retention: This applies if the facility failed to properly screen, monitor, or discipline abusive employees.
- Battery and Assault: If a staff member intentionally harms a resident, victims can sue for these intentional torts.
- Wrongful Death (O.C.G.A. § 51-4-1) If abuse leads to a resident’s death, family members can sue for wrongful death damages, including funeral costs and loss of companionship.
Georgia Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100)
This state law grants residents the right to receive adequate and appropriate care, be treated with dignity, and be free from abuse, neglect, and exploitation. Violations of these rights can serve as grounds for a civil lawsuit.
Adult Protective Services Act (O.C.G.A. § 30-5-1)
This act protects elderly and disabled adults in all settings, including nursing homes. Facilities in breach of this law may face both civil penalties and criminal investigations.
Frequently Asked Questions
How can someone tell if a loved one is being abused?
Signs of abuse may include visible bruises, bedsores, a noticeable sense of fear, poor hygiene, or sudden shifts in mood or overall health.
Is it possible to sue a nursing home for abuse in Georgia?
Yes. Under Georgia law, victims of nursing home abuse or neglect—and their families—are permitted to pursue legal action.
What kind of evidence is needed to support a claim?
Evidence typically includes photographs, medical records, eyewitness statements, expert evaluations, and inspection reports from regulatory agencies.
What are the legal costs involved in hiring a nursing home abuse attorney?
Most nursing home abuse lawyers in Georgia operate on a contingency fee basis, meaning clients only pay legal fees if there is a successful financial recovery.
What is the time limit to file a nursing home abuse lawsuit in Georgia?
Generally, victims have two years from the date of the injury to file a claim, as outlined in Georgia’s statute of limitations (O.C.G.A. § 9-3-33).
Can abuse occur at a highly rated nursing home?
Yes. Even facilities with strong reputations or high ratings can employ negligent staff or experience lapses in safety and oversight that result in abuse.
What steps should be taken if abuse is suspected?
Immediate action should include reporting the incident to the Georgia Department of Community Health and Adult Protective Services. If necessary, the resident should be relocated for their safety.
Is court testimony always required from the resident in an abuse case?
Not always. Many claims are resolved through settlements, eliminating the need for the resident to appear in court.
Can emotional abuse be grounds for a lawsuit?
Yes. Emotional abuse is legally recognized as a form of harm under both Georgia law and the federal Nursing Home Reform Act.
What if the abuse led to a resident’s death?
If a loved one passed away due to abuse or neglect, the family may have grounds for a wrongful death lawsuit under O.C.G.A. § 51-4-2. It is advisable to consult an attorney promptly to begin an investigation.
Additional Resources
Georgia Department Of Human Services – Report Elder Abuse, Neglect, Or Exploitation – This source explains how to report elder abuse, neglect, or exploitation in Georgia. It provides contact details for submitting reports online or by phone and outlines the steps involved. It includes special information for mandated reporters and situations involving long-term care facilities.
National Library Of Medicine – Elder Abuse In Residential Long-Term Care Settings – This source provides a detailed look at what is known about elder abuse in residential care settings. It covers definitions, causes, evidence of abuse, and data collection challenges. It also includes perspectives from caregivers, residents, family members, and professionals, and offers a research-based review of policy and legal issues related to elder mistreatment.
Georgia House Of Representatives – Combating Elder Abuse And Hunger In Georgia – This source outlines Georgia’s legislative actions to address elder abuse and senior hunger. It explains recent laws passed, investments in Adult Protective Services, and programs like Meals on Wheels. It also includes statistics about elder abuse reporting and senior demographics in Georgia. The document highlights state-level initiatives and resources available to support vulnerable older adults.
Hire a Personal Injury Attorney for Nursing Home Abuse
The Georgia personal injury lawyers at the McArthur Law Firm have successfully advised injury victims and their families as they make what often prove to be some of the most important decisions of their lives. You can read or watch our client testimonials about their experiences working with our Georgia attorneys. Our fee percentages are also the same as the fees of inadequate or untrained lawyers in this field. You get more money when you hire the best, but you pay the same percentage of attorneys’ fees.
We do not give up until we receive a fair settlement offer, or we take the case to trial. To learn more about elder abuse or to set up a free consultation with a nursing home abuse attorney at the McArthur Law Firm, call us directly at 404-565-1621 or fill out our online contact form. We practice nationwide.
